Wash. Admin. Code § 162-36 § 162-36-005

Discrimination.

In Force
Verified 10/26/2026 · Next check 11/25/2026
effective 10/7/2026WashingtonProtected Classes (State/Local)

Operative Text

Wash. Admin. Code § 162-36 § 162-36-005
(1) It is an unfair practice for any person, whether acting for himself, herself, or another, because of sex, sexual orientation, gender expression or gender identity, marital status, race, creed, color, national origin, families with children status, the presence of any sensory, mental, or physical disability, or the use of a trained dog guide or service animal by a disabled person:
(a) To refuse to engage in a real estate transaction with a person;
(b) To discriminate against a person in the terms, conditions, or privileges or a real estate transaction or in the furnishing of facilities or services in connection therewith;
(c) To refuse to receive or to fail to transmit a bona fide offer to engage in a real estate transaction from a person;
(d) To refuse to negotiate for a real estate transaction with a person;
(e) To represent to a person that real property is not available for inspection, sale, rental, or lease when in fact it is so available, or to fail to bring a property listing to his or her attention, or to refuse to permit the person to inspect real property;
(f) To discriminate in the sale or rental, or to otherwise make unavailable or deny a dwelling, to any person; or to a person residing in or intending to reside in that dwelling after it is sold, rented, or made available; or to any person associated with the person buying or renting;
(g) To make, print, publish, circulate, post, mail, or cause to be so made or published a statement, advertisement, or sign, or to use a form of application for a real estate transaction, or to make a record or inquiry in connection with a prospective real estate transaction, which indicates, directly or indirectly, an intent to make a limitation, specification, or discrimination with respect thereto;
(h) To offer, solicit, accept, use, or retain listing of real property with the understanding that a person may be discriminated against in a real estate transaction or in the furnishing of facilities or services in connection therewith;
(i) To expel a person from occupancy of real property;
(j) To discriminate in the course of negotiating, executing, or financing a real estate transaction whether by mortgage, deed of trust, contract, or other instrument imposing a lien or other security in real property, or in negotiating or executing any item or service related thereto including issuance of title insurance, mortgage insurance, loan guarantee, or other aspect of the transaction. Nothing in this section shall limit the effect of RCW 49.60.176 relating to unfair practices in credit transactions;
(k) To attempt to do any of the unfair practices defined in this chapter or chapter 49.60 RCW.
(2) It is an unfair practice for any person, for profit, to induce or attempt to induce any person to sell or rent any real property by representations regarding the entry or prospective entry into the neighborhood of a person or persons of a particular race, creed, color, sex, sexual orientation, gender expression or gender identity, national origin, families with children status, or with any sensory, mental or physical disability and/or the use of a trained dog guide or service animal by a disabled person.
(3) It is an unfair practice to insert in a written instrument relating to real property a provision that is void under RCW 49.60.224 (1) or to honor or attempt to honor such a provision in the chain of title.
(4) Nothing in this chapter prohibits a person engaged in the business of furnishing appraisals of real property to take into consideration factors other than race, color, creed, national origin, sex, sexual orientation, gender expression or gender identity, disability, the use of a trained dog guide or service animal by a disabled person, or families with children status.
(5) Nothing in this chapter limits the applicability of any reasonable federal, state or local restrictions regarding the maximum number of occupants permitted to occupy a dwelling.
(6) Nothing in this chapter prohibiting discrimination based on families with children status applies to housing for older persons as defined by the federal Fair Housing Amendments Act of 1988, 42 U.S.C. Sec. 3607 (b)(1) through (3), as amended by the Housing for Older Persons Act of 1995, P.L. 104-76, as enacted on December 28, 1995.
Source: Legislative text reproduced verbatim
Plain English

Wash. Admin. Code § 162-36-005 broadly prohibits discriminatory conduct in real estate transactions across Washington State. The rule makes it an unfair practice to refuse, limit, or otherwise treat people differently in the sale, rental, negotiation, financing, advertising, or occupancy of real property based on protected characteristics including race, sex, sexual orientation, gender identity or expression, marital status, creed, color, national origin, familial status, disability, or use of a service animal. The rule also bars blockbusting—using representations about who is moving into a neighborhood to pressure sales or rentals—and prohibits inserting discriminatory restrictive covenants into property instruments. Certain narrow exceptions apply, including for federally qualified senior housing and reasonable occupancy limits.

Written by anthropic/claude-sonnet-4.6 · Reviewed on October 14, 2026

Plain English — not legal advice.

For Property Managers

Property owners and managers operating under Wash. Admin. Code § 162-36-005 generally ensure that all aspects of their real estate operations—advertising, application forms, showings, lease terms, financing arrangements, and occupancy decisions—are free from distinctions based on any of the provision's listed protected characteristics. Compliant operators typically review their listing language, application records, and tenant-selection criteria to confirm that no direct or indirect discriminatory intent is expressed or implied. Operators who qualify for the senior housing exemption under federal law, or who apply reasonable occupancy limits consistent with applicable law, may rely on those specific carve-outs as defined in the provision.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Under Wash. Admin. Code § 162-36-005, tenants and prospective tenants have the right to be free from discriminatory treatment at every stage of a real estate transaction, from initial inquiry and advertising through lease execution, financing, and ongoing occupancy. If a person believes they have been subjected to an unfair practice covered by this provision—such as being told a unit is unavailable when it is not, being offered different terms, or being expelled from occupancy on a discriminatory basis—they may consider filing a complaint with the Washington State Human Rights Commission, which enforces the state's anti-discrimination laws. Tenant-rights organizations and legal aid services can help individuals understand what documentation may be relevant and what general options exist under this provision.

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 14, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.

Effective Timeline

Current
Oct 7, 2026
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Related Rules

§ 1
Definitions
§ 3
Functions, powers and duties of commission
§ 4
Unlawful practices

Source Information

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