Wash. Admin. Code § 162-38 § 162-38-090
Public areas of rental property.
Operative Text
(1) Are covered as places of public accommodation. RCW 49.60.040 includes the following in its broad definition of place of public accommodation: ". . . public halls, public elevators, and public washrooms of buildings and structures occupied by two or more tenants, or by the owner and one or more tenants." (2) Applicable law. Public areas as defined in this section are governed by the public accommodations coverage of the law against discrimination, RCW 49.60.215 , and chapter 162-26 WAC, public accommodations, disability discrimination, as well as by the real estate transaction coverage of the law against discrimination and this chapter of the commission's regulations. (3) Public areas. "Public" areas for purposes of public accommodations coverage of rental property include all areas intended for use by more than one tenant, or by one or more tenants and the resident owner. The area need not be open to the public at large. The area is covered if it is open to all tenants, or any two tenants, or the owner and one or more tenants. In addition to public halls, public elevators and public washrooms, public areas include garbage disposal facilities, recreation facilities, laundry or other work areas, and open space.
Washington Administrative Code § 162-38-090 establishes that shared areas of rental properties—such as hallways, elevators, restrooms, laundry rooms, recreation facilities, garbage disposal areas, and open spaces—qualify as 'places of public accommodation' under Washington's Law Against Discrimination. This classification applies whenever an area is accessible to more than one tenant, or to at least one tenant and the property owner, even if the space is not open to the general public. As a result, these shared spaces are subject to both the public accommodations anti-discrimination rules and the real estate transaction anti-discrimination rules enforced by the Washington State Human Rights Commission.
Plain English — not legal advice.
Under § 162-38-090, operators of multi-tenant rental properties are generally expected to maintain all shared spaces—including hallways, laundry rooms, recreation areas, garbage facilities, and open spaces—in a manner that complies with Washington's anti-discrimination requirements for both public accommodations and real estate transactions. Compliant operators typically ensure that no tenant or prospective tenant is treated differently in access to or use of these common areas on the basis of a protected characteristic under RCW 49.60. Because the definition of 'public area' under this section is broad, property managers commonly review all shared spaces, not just those open to the general public, when assessing their non-discrimination obligations.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section § 162-38-090 means that tenants in buildings with shared spaces have anti-discrimination protections in those areas under Washington's Law Against Discrimination, covering characteristics protected by RCW 49.60. If a tenant believes they have experienced discriminatory treatment in a common area—such as a hallway, laundry room, or recreation facility—general enforcement paths include filing a complaint with the Washington State Human Rights Commission or consulting a tenant-rights organization familiar with state fair housing law. Because these shared spaces are covered by both public accommodations and real estate transaction law, tenants may have multiple legal avenues available to them.
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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