Wash. Admin. Code § 162-38 § 162-38-050

Who is protected.

In Force
Verified 10/26/2026 · Next check 11/25/2026
effective 10/7/2026WashingtonReasonable Accommodations/Modifications

Operative Text

Wash. Admin. Code § 162-38 § 162-38-050
(1) Scope. RCW 49.60.222 defines practices in connection with real estate transactions that are unfair when done because of "the presence of any sensory, mental, or physical disability, or the use of a trained dog guide or service animal by a disabled person." Nothing in this chapter or in chapter 49.60 RCW, however, prohibits treating disabled persons more favorably in a real estate transaction than persons who are not disabled.
(2) Presence of disability. The presence of a sensory, mental, or physical disability includes, but is not limited to, an abnormal condition that:
(a) Is medically cognizable or diagnosable;
(b) Exists as a record or history; or
(c) Is perceived to exist, whether or not it exists in fact.
Source: Legislative text reproduced verbatim
Plain English

Wash. Admin. Code § 162-38-050 establishes who receives protection under Washington's fair housing rules for real estate transactions. Protection extends to people with sensory, mental, or physical disabilities—including those with a documented history of disability or those merely perceived to have one, even if no disability actually exists—as well as users of trained dog guides or service animals. Importantly, the rule does not prevent housing providers from voluntarily offering more favorable treatment to people with disabilities than to those without.

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

Plain English — not legal advice.

For Property Managers

Under Wash. Admin. Code § 162-38-050, compliant housing operators recognize that the protected class is defined broadly: it covers applicants and residents with medically recognized conditions, those with a past record of disability, and even those who are only perceived to be disabled. Operators generally avoid making any adverse real estate decision based on any of these categories, including assumptions about a person's condition that may turn out to be incorrect. Because the rule expressly permits more favorable treatment of disabled persons, operators may lawfully offer reasonable accommodations or other benefits to this group without violating fair-housing standards.

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

For Tenants

Wash. Admin. Code § 162-38-050 means that your protection under Washington's fair housing law does not depend on having a current, active diagnosis—a history of disability or even a landlord's mistaken perception that you are disabled can be enough to trigger the law's protections. If you believe a housing provider has treated you unfairly because of a real, past, or perceived disability, general enforcement paths include filing a complaint with the Washington State Human Rights Commission or consulting a tenant-rights organization familiar with RCW 49.60. Reviewing the full scope of § 162-38-050 alongside RCW 49.60.222 can help clarify which specific conduct may constitute an unfair practice.

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

§ 966.7
§ 966.7 Accommodation of persons with disabilities.
§ 982.316
§ 982.316 Live-in aide.
§ 2.6
Titles II and III of the Americans with Disabilities Act of 1990

Source Information

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