Wash. Admin. Code § 162-38 § 162-38-040
Definitions.
Operative Text
The following words or phrases are used in this chapter in the meaning given, unless the context clearly indicates another meaning. "Accessible" means usable or understandable by a person who is disabled, with reasonable effort and in reasonable safety. "Standards for barrier-free facilities" means standards for making building and facilities accessible to physically disabled persons, pursuant to chapter 51-30 WAC and chapter 70.92 RCW. See WAC 162-38-030 (2), 162-38-070 . "Disability" is short for "the presence of a sensory, mental or physical disability." "Landlord" means anyone other than the occupant of real property who attempts to control use of the property under claim of right arising out of an ownership interest in real property by that person or another person for whom that person acts. The term includes owners of rental property, trustees, receivers, persons controlling the common areas used in connection with condominiums, and agents or others acting in the interest of any such persons. "Rental property" includes real property that is rented or leased, offered for rental or lease, or built or maintained for rental or lease. "Structural" means the load-bearing members and essential structure or composition of a place, as distinguished from its finish, decorations or fittings. Examples of structural components are floors, walls, stairs, door openings, sidewalks, elevators, and escalators. Examples of things that are not structural are moveable walls, bathroom fixtures and partitions, fixtures such as water fountains (whether or not attached to a wall), doors and door hardware, cabinets, counters, handrails, signs (attached or painted), elevator controls, alarm systems, and carpeting and other floor covers. "Tenant" is a person who rents or seeks to rent real property. "Dog guide" means a dog that is trained for the purpose of guiding blind persons or a dog that is trained for the purpose of assisting hearing impaired persons. "Service animal" means an animal that is trained for the purpose of assisting or accommodating a disabled person's sensory, mental, or physical disability.
Wash. Admin. Code § 162-38-040 establishes the working definitions for key terms used throughout Chapter 162-38, Washington's administrative rules addressing disability discrimination in real property. Terms such as 'landlord,' 'tenant,' 'rental property,' 'disability,' 'structural,' 'accessible,' 'dog guide,' and 'service animal' are each given specific meanings that govern how the rest of the chapter is interpreted and applied. These definitions set the scope of who and what is covered—for example, 'landlord' extends beyond simple property owners to include trustees, agents, and those managing common areas, while 'rental property' covers not just currently rented units but also those offered or built for rental. Understanding these definitions is foundational to reading any other provision in the chapter correctly.
Plain English — not legal advice.
Under Wash. Admin. Code § 162-38-040, the definition of 'landlord' is notably broad, encompassing not only direct property owners but also trustees, receivers, condominium common-area managers, and agents acting on behalf of any such persons. Property managers and agents should be aware that their actions fall within the chapter's scope just as an owner's would, meaning obligations related to accessibility and disability accommodation apply to them as well. The distinction between 'structural' and non-structural components defined in § 162-38-040 is also practically significant, as it shapes what types of modifications or barriers may be evaluated differently under the chapter's accessibility standards.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Wash. Admin. Code § 162-38-040 defines 'tenant' to include not only current renters but also people who are actively seeking to rent real property, meaning protections under Chapter 162-38 can apply even before a lease is signed. The definitions of 'service animal' and 'dog guide' in this section are relevant to tenants who rely on such animals, as these terms establish the baseline for what qualifies under the chapter's rules. Tenants who believe a landlord—including an agent or property manager covered by the broad definition in § 162-38-040—has not honored obligations related to disability access may consider reaching out to the Washington State Human Rights Commission or a local tenant-rights organization to understand available options.
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.
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