The federal Fair Housing Act (42 U.S.C. § 3604) prohibits discrimination in the sale, rental, or financing of housing based on seven protected classes:
1. Race 2. Color 3. National Origin 4. Religion 5. Sex (includes gender) 6. Familial Status (presence of children under 18; pregnancy; custody) 7. Disability
These seven classes are the floor — states and localities may add more but cannot remove any.
Washington's Law Against Discrimination (RCW 49.60) and the Washington Human Rights Commission (WSHRC) extend fair housing protections significantly beyond the federal seven. Washington-specific additions include:
Source of income protection is especially tested. Washington prohibits landlords from refusing to rent to tenants who hold Section 8 vouchers (Housing Choice Vouchers). A landlord who advertises "no Section 8" is committing housing discrimination under Washington law.
Both federal and state laws prohibit:
The federal Fair Housing Act has a narrow exemption for "Mrs. Murphy" situations: an owner-occupied building with four or fewer units may discriminate in renting if the owner lives in one unit AND does not use a broker OR discriminatory advertising. This exemption is NOT available to real estate licensees. Once a broker is involved, the exemption disappears.
Real-world example: A Spokane property manager turns away a prospective tenant who presents a Housing Choice Voucher, saying "We don't accept Section 8 here." This violates Washington's fair housing law (source of income protection), even though federal law does not explicitly protect source of income at the federal level. The tenant may file a complaint with the WSHRC within one year.
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Quiz Questions:
Q1. A Washington property manager tells a prospective tenant, "Sorry, we don't rent to Section 8 voucher holders." Under Washington law, this statement:
A) Is permissible because the federal Fair Housing Act does not protect source of income B) Violates Washington's fair housing law, which prohibits discrimination based on source of income, including Housing Choice Vouchers C) Is permissible if the owner can show economic justification D) Is permissible for privately owned properties with fewer than 10 units
Answer: B — Washington's Law Against Discrimination (RCW 49.60) prohibits discrimination based on source of income, explicitly including Section 8/Housing Choice Vouchers. Even though the federal Fair Housing Act does not include source of income as a protected class, Washington provides broader protection. This landlord has committed illegal housing discrimination.
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Q2. A Washington real estate licensee is asked to list a house for sale. The seller says, "I only want to sell to families with children — I don't want young singles in the neighborhood." The licensee should:
A) Accept the listing but quietly screen out buyers who are young and single B) Accept the listing; sellers have the right to choose their buyers C) Refuse to accept discriminatory listing instructions; taking the listing under these conditions would violate fair housing law D) Accept the listing as long as the seller's preference is not put in writing
Answer: C — Familial status is a protected class under the federal Fair Housing Act. Ironically, favoring "families with children" over "young singles" discriminates against people without children (which is a familial status issue in reverse). More to the point, a licensee must not follow discriminatory seller instructions; taking such a listing exposes both the licensee and their broker to fair housing violations.
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Q3. Which of the following is a Washington-ONLY protected class that is NOT protected under the federal Fair Housing Act?
A) Race B) Disability C) Honorably discharged veteran or military status D) Religion
Answer: C — Veteran or military status is a Washington-specific protected class under RCW 49.60. Race, disability, and religion are all in the federal seven. Washington adds marital status, sexual orientation, gender identity, veteran/military status, source of income, and creed beyond the federal floor.
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Q4. A licensee tells a buyer looking in Seattle's Capitol Hill neighborhood, "That's where a lot of LGBTQ+ people live — you might not be comfortable there." This is an example of:
A) Acceptable disclosure of neighborhood demographics B) Steering based on sexual orientation, which violates Washington fair housing law C) Permissible conduct because the licensee was trying to help the buyer find a compatible community D) Acceptable practice in Washington because sexual orientation is not a protected class under federal law
Answer: B — Steering is illegal regardless of direction — steering buyers toward or away from areas based on protected characteristics is a fair housing violation. Sexual orientation is a protected class under Washington law (even if not explicitly named at the federal level). The licensee's statement was steering based on a protected characteristic.
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Q5. The Mrs. Murphy exemption under the federal Fair Housing Act applies when:
A) The property has more than 4 units and the owner lives on-site B) A real estate broker is involved in marketing the property C) An owner lives in one unit of an owner-occupied building of 4 or fewer units, rents the remaining units without a broker, and does not use discriminatory advertising D) The property is located in a municipality with its own local fair housing ordinance
Answer: C — The Mrs. Murphy exemption allows an owner to decline a renter in an owner-occupied 1-4 unit building, but only if: (1) the owner occupies one unit, (2) no broker is involved, and (3) no discriminatory advertising is used. Once a broker is hired, the exemption is gone — licensees must follow fair housing rules at all times.