Are You Screening Your Seattle Applicants Correctly?
Chartrice Young | Tenant Screening Director
Many of you have been adjusting to the most recent changes in Seattle when it comes to screening applicants, but are you sure you are following the steps needed prior to screening? The new Fair Chance Housing Ordinance was set to help prevent unfair bias in housing against renters with past criminal or arrest records. While the main focus of the ordinance bans inquiries into criminal records there are other requirements set forth by the ordinance.
Before you receive an application you must give your applicant a copy of your screening criteria. How should you address criminal history on your criteria for your Seattle property? One thing I do not suggest is erasing everything connected to criminal information on your criteria. If a landlord is going to screen an applicant for registry information, the written notice must also include the owner’s sex offender screening criteria and must inform the applicant that they can provide addition information. This information could include details related to their rehabilitation, good conduct, and facts or explanations about their registry information. If you have an applicant with sex offender registry information, under the First in Time law, you must give this applicant 72 hours to provide the above mentioned supplemental information, and you cannot consider the next application unless the applicant fails to provide the information. Remember the purpose of your criteria is to inform the applicant of what you will be screening them on. So if you plan on looking into something, make sure you address it on your criteria first!
When you are screening applicants for a property in the City of Seattle, ensure your Application for Tenancy is in compliance with the new ordinance. The ordinance requires landlords to provide notice of SMC 14.09 written on all applications for rental properties in Seattle. If an application is online, the required notice must be written on the online application. RHAWA’s Application for Tenancy has been updated to include this information.
The city has set forth specific wording to serve as notice. Your application must include “The landlord is prohibited from requiring disclosure, asking about, rejecting an applicant, or taking an adverse action based on any arrest record, conviction record, or criminal history, except for registry information as described in subsections 14.09.025.A.3, 14.09.025.A.4, and 14.09.025.A.5, and subject to the exclusions and legal requirements in Section 14.09.115.” The application must also indicate if the landlord intends on conducting a sex offender registry list search.
If you are using an application that still asks about criminal records for Seattle properties, throw it away immediately. You must ensure the criminal questions have been removed and the written notice must be added.
Of course, like many things in life there are exceptions. Please ensure that your property actually meets the requirements before trying to take advantage of the exceptions. Some exceptions include:
Single-family dwellings where the owner occupies part of the single-family dwelling.
Accessory dwelling unit (ADU) or detached accessory dwelling unit (DADU) when the owner or person entitled to possession maintains a permanent residence on the same lot. An example of an ADU is a basement apartment or “mother-in-law” unit. These are separate living units with kitchen, sleeping, and bathroom facilities. They are smaller in size and appearance than the primary home and may have separate entrances. An example of a DADU is a backyard cottage. Duplexes are not considered an ADU. If you are unsure of your properties status, check with the Department of Construction and Inspections.
Federally assisted housing that is subject to federal regulations that require the denial of tenancy when a household member is subject to a lifetime sex offender registration requirement and / or convicted of manufacture or production of methamphetamine on the premises of the federally assisted housing. Qualifying organizations must follow all provisions of SMC 14.09, until the crimes noted above create an exclusion.
RHAWA’s Tenant Screening department is working continually to help ensure our members are in compliance and screening all applicants appropriately. If you have any question on the new Fair Chance Housing Ordinance please call us, our screening and resource staff are her to assist you.
NEED FURTHER INFORMATION? RHAwa.org/tenant-screening
Disclaimer: This article contains general information and is not intended to apply to any specific situation. If you need legal advice or have questions about the application of the law in a particular matter, you should consult an attorney.
