Wash. Supreme Court published opinion — 1012055.pdf

Citation: Wash. Supreme Court published opinion — 1012055.pdf
Jurisdiction: Washington (state)
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Original Source: https://www.courts.wa.gov/opinions/pdf/1012055.pdf ↗

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concern about programs that effectively bar people from accessing rental housing

and therefore provided requirements that local governments must follow to prevent

abuse of such programs, such as voluntary participation unless the local government

has given the landlord notice with specific information about criminal activity

occurring at the residence. Id.; RCW 35.106.020(2)-(4). Thus, the fair and lawful

enforcement of crime-free rental housing programs is a matter of public concern

affecting Washingtonians’ ability to access rental housing.

The legislature has also indicated that discrimination in housing is a matter of

public concern. In enacting the WLAD, the legislature declared

that practices of discrimination against any of its inhabitants because of
race, creed, color, national origin, citizenship or immigration status,
families with children, sex, [or] marital status . . . are a matter of state
concern, that such discrimination threatens not only the rights and
proper privileges of its inhabitants but menaces the institutions and
foundation of a free democratic state.

RCW 49.60.010 (emphasis added). Both the WLAD and the FHA prohibit

discrimination in rental housing on the basis of race, ethnicity, sex, and familial

status. RCW 49.60.222; 42 U.S.C. § 3604(b). Here, the State brought suit

base our analysis on speculation of what the final language may be. Lowe’s Home Ctrs., LLC v.
Dep’t of Revenue, 195 Wn.2d 27, 41 n.5, 455 P.3d 659 (2020).
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For the current opinion, go to https://www.lexisnexis.com/clients/wareports/.
State v. City of Sunnyside et al.
No. 101205-5

challenging the enforcement of the CFRHP on the basis that it violates state and

federal antidiscrimination laws by disparately impacting Latinx renters, households