First-in-Time Requirements, Open Housing Ordinance, SMC 14.08
- Seattle, Washington
- In Effect: January 1, 2017
- Enforcement Began: July 1, 2017
TL;DR:
Seattle’s First-in-Time Requirements and Open Housing Ordinance, SMC 14.08, requires landlords, property managers, or leasing agents to provide notice of their resident screening criteria to applicants and offer tenancy to the first qualified applicant who provides a completed application.
What it is:
Notices to Applicants & Screening Requirements
The Open Housing Ordinance, SMC 14.08, places new requirements on rental housing providers in the city of Seattle. First, this ordinance requires landlords to provide a Notice of their screening criteria to prospective tenants. Rental owners are required to disclose to the applicant:
- The minimum criteria that the applicant will need to qualify for the unit
(the “minimum threshold for criteria” is the minimum qualification for each criterion [like credit score] that a tenant must have to qualify) - All documents/information the applicant will need to provide for the background screening
- How the applicant can request additional time should language translation or reasonable accommodations be needed
- Whether the property is required or has agreed to set aside units to serve vulnerable populations (i.e., affordable, low-income, veteran, houseless, or domestic violence survivor housing initiatives)
- Any additional criteria that would be used to conduct an individualized assessment, should the rental property choose to screen for criminal records.
With SMC 14.09 in place, criminal screening is limited to screening adult applicants for the sex offender registry. However, there must be a legitimate business reason to do so. Should the rental property screen applicants for criminal records, an individualized assessment is required under SMC 14.08. With an individualized assessment, the housing provider will review the information provided on the screening report to determine if it’s a business necessity to deny the applicant. They’ll also make the decision based on the individual’s criminal record and rehabilitative efforts.
Owners are required to provide the following information above (numbers 1-5) in writing or by posting it in the leasing office or building. It must also be provided on any website advertising the available unit. This notice must be provided before collecting any information on the applicant.
First-In-Time Requirements
Landlords must note the date and time when they receive a completed application. An application is considered complete when the applicant provides all the information that the landlord prescribes in the Notice. Once an application is in, property owners and managers must screen all completed applications in chronological order. Should additional information be needed from the applicant, they will have at least 72 hours to provide the information after being notified. Should no additional information be provided within 72 hours, the landlord can consider the application incomplete or reject the application.
Under this ordinance, rental property owners must offer tenancy to the first qualified applicant who submits a completed application. The applicant will then have 48 hours to accept tenancy.
What it means:
For landlords, rental owners, housing providers, or property managers-
- Rental owners in the city of Seattle must provide their screening criteria to applicants in the form of a Notice. The housing provider must disclose all the specified information required under this ordinance. This notice must be in writing, posted in the leasing office or building, and on all online listings advertising the available unit.
- Rental owners and managers may choose to screen adult applicants for sex offender registry information under SMC 14.09 but must perform an individualized assessment of each applicant.
- Most landlords (with some exceptions) must follow first-in-time requirements. This includes timestamping each completed application, screening completed applications in chronological order and offering tenancy to the first qualified applicant who submitted a completed application.
- Should additional information be needed (for an individualized assessment, as part of an adverse action, etc.), the applicant will have at least 72 hours to provide such information.
For rental applicants, prospective renters, or tenants-
- Seattle rental properties that are required to follow the “first-in-time” provisions of this ordinance must offer tenancy to the first qualified applicant who submitted a completed application.
- SMC 14.08 requires that landlords grant requests for additional time to complete an application should the prospective renter need language assistance services (like translation) or for a disability-related need. Once the landlord receives the request, the landlord must provide the applicant with “a reasonable amount of additional time” to complete the application. Additionally, the landlord may also ask the applicant to provide “reasonable documentation” of the need. This documentation would need to be provided with the completed application.
- The Seattle Office for Civil Rights (SOCR) enforces Seattle’s Open Housing Ordinance. Applicants or tenants can file a complaint with the SOCR. The SOCR conducts free impartial investigations should someone believe there has been a violation of the law.
Whom it affects:
Renters and Housing Units in the City of Seattle
Unless exempt, the Open Housing Ordinance and the first-in-time restrictions apply to all rental housing units in the City of Seattle. This includes duplexes and triplexes.
First-In Time Exemptions
Dwellings in which the owner resides (and is not a duplex or triplex), ADU's, and DADU's are exempt from the first-in-time requirements.
The Open Housing Ordinance applies to all rental housing units in the City of Seattle. Duplexes and triplexes (even those that have an owner residing within one of the units) must abide by both the Open Housing Ordinance and the first-in-time restrictions. However, the first-in-time requirements do not apply to accessory dwelling units (ADU) and detached accessory dwelling units (DADU). It also does not apply to dwellings in which the owner resides.
Resources:
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