Housing Laws, Rental Protections and Requirements

Find out more about Fair Housing Laws, city and state rental laws and requirements, ordinances protecting vulnerable renters, and what to do if you think a law has been broken.

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Federal Housing Discrimination Laws

The federal Fair Housing Act of 1968 and its amendments protect people from housing discrimination. Learn about protections and how to report housing discrimination.

All housing providers (including property owners, managers, and leasing agents) are subject to Fair Housing laws. The City of Bellingham has codified certain aspects of tenants’ rights that will be enforced in the City in BMC 10.48.030. The City also provides regular trainings available to landlords, property owners, and tenants.

What does the Fair Housing Act do?

Because housing choice is so essential, the federal Fair Housing Act of 1968 and its amendments protect people from housing discrimination because of their: race, color, national origin, religion, sex, disability or family status (having children or being pregnant). In addition Washington State Fair Housing laws also covers: marital status (being single, married or divorced); sexual orientation; gender identity and military / veteran status.

Together, we refer to all of these groups as “protected classes.” Housing practices should not discriminate against or negatively affect these state and federal protected classes.

Need help filing a complaint?

If you believe you have been discriminated against, there are several organizations that can help you file and investigate a complaint.

Victims of domestic violence

On February 9, 2011, HUD issued a memorandum with clear guidance that “domestic violence survivors who are denied housing, evicted or deprived of assistance based on the violence in their homes may have a cause of action for sex discrimination under the Fair Housing Act”. Furthermore, the federal Violence Against Women Act provides that being a victim of domestic violence, stalking or sexual assault cannot be the basis of a lease violation or eviction.

Reasonable accommodations for a disability

If you have a disability, you also have the right to make reasonable modifications to your living environment at your own expense (for example, installing ramps or handrails) or request reasonable accommodations (for example, an assigned parking space or lower mailbox). The accommodation must be directly related to your disability. A landlord’s refusal to allow reasonable accommodations or modifications can count as a form of housing discrimination.

Retaliation

Washington State law also protects people from retaliation in the event they do file a fair housing complaint. It is unlawful to harass, intimidate or punish someone who files a housing discrimination complaint or participates in an investigation. But don’t wait: complaints must be made within one year of the violation! Contact the Washington State Human Rights Commission for more information (toll free at 1.800.233.3247).

Resources

State Landlord-Tenant Law

The state Residential Landlord-Tenant Act creates the over-arching rules for the landlord-tenant relationship for residential rentals.

Washington State’s Residential Landlord-Tenant Act (RCW 59.18) defines rights and responsibilities of owners and tenants, identifies permitted elements in leases, and sets forth procedures for owners and tenants to assert their rights in court.

Some key provisions of this law:

  • Maintenance Issues: You can find information related to resolving maintenance issues in Sec. 59.18.060, which details what standards must be maintained by the rental owner.
  • Tenant Health and Safety Requirements: Sec. 59.18.115 identifies procedures that tenants need to follow to address health and safety issues in rentals.
  • Notice Requirements for Terminating a Lease: The law says landlords must give proper notice and can only terminate a lease for an acceptable cause. See Section 59.18.650(2) for a list of acceptable reasons to terminate a residency.
  • Move-In Checklist Requirement: Are you paying a security or damage deposit? If so, Washington State Law (RCW 59.18.260) requires that you receive a detailed move-in checklist or written statement that documents the condition of the unit. Before moving in your belongings, you and your landlord or property manager should each walk through the unit and note any existing issues, and you should both sign the checklist. Your landlord or property manager must provide you with a .copy of this list

The Washington State Bar Association’s brochure entitled Landlord-Tenant Rights clearly explains the key aspects of the state law.

City Rental Ordinances

The following are some of the codes that help reduce conflict and maintain the livability of neighborhoods in Bellingham. If you don’t see a particular issue listed below, you may try going directly to the Bellingham Municipal Code  (BMC) and searching for it.

In the November 2023 general election, Bellingham voters approved citizen-led Initiative 2023-02 Rental Relocation Assistance Program for Tenants. The initiative effective date is January 27, 2024 (60 calendar days after the canvassing board certified the election results). 

According to the ordinance, the City of Bellingham is not designated to enforce requirements stated in the initiative. However, pursuant to Section 4, landlords are required to provide notice to the City of:

  1. All requests for relocation assistance, within 30 days of receipt of such notices; and
  2. All payments of relocation assistance within 30 days of making such payments. 

Notices should be emailed to rentals@cob.org, or mailed/delivered to the Rental Registration team at City Hall, 210 Lottie Street, Bellingham WA 98225.

For more details on this initiative, including enforcement information, please refer to the ordinance (page 5 of the pdf).