Washington regulates the screening process itself: what you tell applicants before you screen, what you may charge and how you explain a denial. Seattle adds its own rules on criminal history.
What can you ask a prospect on the first call or message?
Ask about the unit, the timing and your criteria, the same way for everyone.
Questions that are fine on first contact:
- When do you want to move in, and for how long?
- How many people will live in the unit? Reasonable occupancy limits are allowed (42 U.S.C. 3607).
- Do you have pets? An assistance animal for a person with a disability is not a pet, and refusing a reasonable accommodation is unlawful (24 CFR 100.204).
- What is your monthly income, and would you like to see our screening criteria?
Before you obtain any information about a prospective tenant, tell them in writing, or by posting (RCW 59.18.257(1)(a)):
- what types of information you will access;
- what criteria may result in denial;
- if you use a consumer report, the agency’s name and address and the applicant’s rights to a free copy after a denial or other adverse action and to dispute it; and
- whether you accept a comprehensive reusable tenant screening report.
Posting is allowed, so the notice can sit on your listing and in your first reply.
What should you never ask?
Washington’s Law Against Discrimination covers sex, marital status, sexual orientation, race, creed, color, national origin, citizenship or immigration status, families with children, honorably discharged veteran or military status, any sensory, mental or physical disability, and use of a trained dog guide or service animal (RCW 49.60.222). It bars statements, ads, application forms and any record or inquiry that indicate a limitation based on those traits.
Questions to keep off every call, text and form:
- “Are you a citizen?” or “What is your immigration status?”
- “Are you married?” or “Do you have kids?” Familial status protection covers anyone who is pregnant (42 U.S.C. 3602(k)).
- “Do you have a disability?” Federal rules ban asking whether an applicant has a disability or how severe it is (24 CFR 100.202(c)).
- “Is that a voucher? We don’t take those.”
Is source of income protected in Washington?
Yes, statewide (RCW 59.18.255). Source of income includes housing, public and emergency rental assistance, veterans benefits, Social Security, SSI and other programs run by a federal, state, local or nonprofit entity.
You may not refuse to rent, set different terms or fees, discourage an applicant, advertise a preference or say a unit is unavailable because of source of income. Subtract any voucher or subsidy from the monthly rent before applying an income threshold.
One narrow exception: you may decline when the income source requires an inspection, the written estimate of repairs needed to pass it is over $1,500, and you have not received landlord mitigation program money for them. A violation can cost up to four and one-half times the monthly rent, plus court costs and attorneys’ fees.
What can the rental application ask for?
The application can ask for identity details, rental history, employment and income, and consent to screening.
A comprehensive reusable tenant screening report comes from a consumer reporting agency at the applicant’s expense, free to you, with a credit report from the past 30 days, criminal and eviction history, employment verification, and address and rental history (RCW 59.18.030). If you say you accept them, you may not charge the applicant for running your own report (RCW 59.18.257(2)).
In Seattle, every application must carry the Fair Chance Housing notice set by the ordinance. If you screen sex offender registries, the notice must say so and tell applicants they may provide supplemental information (Seattle FAQ).
Can you check credit, criminal and eviction history?
Yes, after the notice. If you take an adverse action, give a written notice of the reasons in the form the statute sets out (RCW 59.18.257(1)(c)), plus the federal adverse action notice when a consumer report contributes (FTC).
For evictions, a court may order limited dissemination of a case, for example when it lacked a basis in fact or law or the tenancy was reinstated. Screening services may then not report the case or use it in a score or recommendation (RCW 59.18.367). Federal law also bars reporting civil suits, civil judgments and arrest records more than seven years old, unless the statute of limitations runs longer (15 U.S.C. 1681c).
In Seattle, criminal history follows the Fair Chance Housing Ordinance (Seattle Office for Civil Rights; FAQ):
- Since June 6, 2023, after a federal appeals court ruling, the city no longer enforces its ban on asking, but you may not require an answer or act against someone who declines.
- You may not take adverse action based on an arrest record, conviction record or criminal history, or advertise “no felons”.
- The exception is sex offender registry information about adults convicted as adults, with a legitimate business reason after weighing factors such as the conviction’s nature, the time since and tenant history. A denial must name the registry information relied on, in writing.
- It does not apply to a single-family home where the owner lives in part of it, or to an accessory dwelling unit when the owner lives in the main home.
Are application or screening fees capped?
There is no dollar cap, but the charge is tied to cost and to the notice (RCW 59.18.257(1)(b)). You may charge for obtaining a screening report only after giving the notice, and if you screen applicants yourself, charge actual costs no higher than what screening services customarily charge in the area. Breaking these rules can cost up to $100, plus court costs and attorneys’ fees for the prevailing party.
A fee or deposit to hold a unit after you offer it may not exceed 25 percent of the first month’s rent (RCW 59.18.253). Give a receipt and written conditions for keeping it, credit it to the first month’s rent or the deposit if the tenant moves in, and keep it only as those conditions allow if they do not.
What about security deposits?
RCW 59.18.260 sets no maximum, but you may not collect a deposit without a written rental agreement and a condition checklist signed and dated by both sides (RCW 59.18.260). Also:
- A nonrefundable fee must be in a written agreement that clearly says it is nonrefundable (RCW 59.18.285).
- On written request, tenants may pay deposits, nonrefundable fees and last month’s rent in installments, unless the deposits and fees total 25 percent of the first full month’s rent or less and you do not require last month’s rent (RCW 59.18.610).
- Return the deposit, with a full and specific statement of anything kept, within 30 days after the tenancy ends and the tenant moves out (RCW 59.18.280).
At a glance
| Rule | Washington | Source |
|---|---|---|
| Screening notice | Written or posted, before obtaining any information | RCW 59.18.257 |
| Screening fee | Only after the notice; actual cost up to customary charges | RCW 59.18.257 |
| Holding deposit | At most 25 percent of the first month’s rent | RCW 59.18.253 |
| Security deposit | No maximum in RCW 59.18.260; checklist first; 30-day return | RCW 59.18.260, RCW 59.18.280 |
| Source-of-income protection | Yes; subtract the subsidy from the rent before an income test | RCW 59.18.255 |
| Eviction records | Limited-dissemination cases are not reported or scored | RCW 59.18.367 |
| Seattle criminal history | May ask; may not require an answer or act on it, with a registry exception | Seattle Office for Civil Rights |