Wash. Rev. Code § 49.60 § 49.60.405
Distinction or differential treatment -- When authorized.
Operative Text
It is not an unfair practice when a distinction or differential treatment on the basis of citizenship or immigration status is authorized by federal or state law, regulation, rule, or government contract.
Under Wash. Rev. Code § 49.60.405, Washington's law against unfair practices in housing does not treat every distinction based on citizenship or immigration status as a violation. When federal or state law, regulation, rule, or government contract specifically authorizes such a distinction or differential treatment, that distinction falls outside the definition of an unfair practice under the state's anti-discrimination framework. In other words, the provision carves out a narrow exception to the broader prohibition on discrimination, limited to situations where another legal authority expressly permits the differential treatment.
Plain English — not legal advice.
Property owners and managers operating under Wash. Rev. Code § 49.60.405 should be aware that any differential treatment based on citizenship or immigration status must be traceable to a specific federal or state law, regulation, rule, or government contract that affirmatively authorizes it. Compliant operators typically document the precise legal authority that permits a given distinction before applying it, rather than assuming a general business rationale is sufficient. Distinctions that cannot be tied to such an authorizing source remain subject to Washington's broader anti-discrimination requirements under the § 49.60.010 et seq. framework.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Wash. Rev. Code § 49.60.405 establishes that the exception for citizenship- or immigration-status-based distinctions is narrow — it applies only when another law or government contract specifically authorizes the differential treatment. Tenants who believe they have been treated differently on the basis of citizenship or immigration status without such a legal basis may have grounds to raise that treatment as a potential fair-housing violation under Washington's anti-discrimination law. General enforcement paths include filing a complaint with the Washington State Human Rights Commission or consulting a tenant-rights organization familiar with § 49.60.010 et seq.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 7, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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