Anti-Discrimination Center

14.08.010  Short title and purposes. back to top

A.   This chapter shall be known as and may be cited as the "Open Housing Ordinance." The general purposes of this chapter are to promote the availability and accessibility of housing and real property to all persons; to prohibit unfair practices in real property transactions, whether direct or indirect, which inexcusably and unjustifiably deny those persons equal rights and opportunities in acquiring, disposing of or occupying real property and to provide enforcement mechanisms for the accomplishment of such purposes. The provisions of this chapter shall be liberally construed to accomplish these purposes. The Department shall enforce the provisions of this chapter to further this policy.

B.   This chapter shall not be construed to endorse specific beliefs, practices or lifestyles.

C.   Nothing in this chapter shall be deemed to deny any person the right to institute any action or to pursue any civil or criminal remedy for the violation of such person's civil rights, except as provided in SMC 14.08.095(C).

D.   To avoid duplication of efforts or otherwise conserve agency resources, the Director may suspend or close a case for any reason consistent with this chapter, including the reason that the case is being actively pursued in another forum. The commencement of a civil action by the Department to enjoin any unfair practice in violation of this chapter shall not preclude the initiation or continuation of administrative proceedings under this chapter.

E.   Remedies under this chapter should include such relief authorized by law as may be appropriate and reasonable to provide appropriate temporary or preliminary relief as well as to make the aggrieved person whole and eliminate the unfair practice.

F.   Nothing contained in this chapter is intended to be nor shall be construed to create or form the basis for any liability on the part of the City, or its officers, employees or agents, for any injury or damage resulting from or by reason of any act or omission in connection with the implementation or enforcement of this chapter on the part of the City by its officers, employees or agents.

14.08.015  Seattle Open Housing Poster. back to top

All persons required to post a fair housing poster pursuant to 24 CFR 110 shall also post a Seattle Open Housing Poster at the same locations required in the federal regulation. A person who fails to post a Seattle Open Housing Poster as required in this section is subject to a fine of One Hundred Twenty-Five Dollars ($125) for a first violation and a fine of Five Hundred Dollars ($500) for each subsequent violation. The Seattle Open Housing Poster shall provide a notice that it is illegal in the City of Seattle to discriminate against any person because of race, color, creed, religion, ancestry, national origin, age, sex, marital status, parental status, sexual orientation, gender identity, political ideology, participation in a section 8 program, the presence of any disability or the use of a trained dog guide or service animal by a disabled person. The Department shall adopt a rule or rules to enforce this section which shall include the availability of such posters from the Department.

14.08.020  Definitions. back to top

Definitions as used in this chapter, unless additional meaning clearly appears from the context, shall have the meanings subscribed:

A.   "Aggrieved person" includes any person who:

1.   Claims to have been injured by an unfair practice prohibited by this chapter; or

2.   Believes that he or she will be injured by an unfair practice prohibited by this chapter that is about to occur.

B.   "Blockbusting" means, for profit, to promote, induce, or attempt to promote or induce any person to, engage in a real estate transaction by representing that a person or persons of a particular race, color, creed, religion, ancestry, national origin, age, sex, marital status, parental status, sexual orientation, gender identity, political ideology, or who participates in a Section 8 program, or who is disabled, or who is a disabled person who uses a trained dog guide or service animal has moved or may move into the neighborhood.

C.   "Charge" means a claim or set of claims alleging an unfair practice or practices prohibited under this chapter.

D.   "Charging party" means any person who files a charge alleging an unfair practice under this chapter, including the Director.

E.   "City" means The City of Seattle.

F.   "City department" means any agency, office, board or commission of the City, or any department employee acting on its behalf, but shall not mean a public corporation chartered under Ch. 3.110 SMC, or any contractor, consultant, or concessionaire or lessee.

G.   "Commission" means the Seattle Human Rights Commission.

H.   "Department" means the Seattle Office for Civil Rights.

I.   "Director" means the Director of the Seattle Office for Civil Rights or the Director's designee.

J.   "Disability" means the condition of being disabled.

K.   "Disabled" means, with respect to a person:

1.   Having a physical or mental impairment which substantially limits one (1) or more of such person's major life activities, either temporarily or permanently, or

2.   Having a record of having such an impairment, or

3.   Being regarded as having such an impairment, but such term does not include current illegal use of a controlled substance (as defined in section 102 of the Controlled Substances Act as of the date of passage of this section (21 U.S.C. 802)).

L.   "Discriminate" means to do any act which constitutes discrimination.

M.   "Discrimination" means any conduct, whether by single act or as part of a practice, the effect of which is to adversely affect or differentiate between or among individuals or groups of individuals, because of race, color, creed, religion, ancestry, national origin, age, sex, marital status, parental status, sexual orientation, gender identity, political ideology, participation in a Section 8 program, the presence of any disability or the use of a trained dog guide or service animal by a disabled person.

N.   "Dual-filed" means any charge alleging an unfair practice that is filed with both the Department of Housing and Urban Development and the Seattle Office for Civil Rights without regard to which of the two agencies initially processed the charge.

O.   "Dwelling" means any building, structure, or portion thereof which is occupied as, or is designed or intended for occupancy as, a residence by one or more individuals or families, and any vacant land which is offered for sale or lease for the construction or location thereon of any such building, structure, or portion thereof.

P.   "Gender identity" means a person's identity, expression, or physical characteristics, whether or not traditionally associated with one's biological sex or one's sex at birth, including transsexual, transvestite, and transgendered, and including a person's attitudes, preferences, beliefs, and practices pertaining thereto.

Q.   "Hearing Examiner" means the Seattle Hearing Examiner.

R.   "Lender" means any bank, insurance company, savings or building and loan association, credit union, trust company, mortgage company, or other person or agent thereof, engaged wholly or partly in the business of lending money for the financing or acquisition, construction, repair or maintenance of real property.

S.   "Marital status" means the presence or absence of a marital relationship and includes the status of married, separated, divorced, engaged, widowed, single or cohabiting.

T.   "Occupant" means any person who has established residence or has the right to occupy real property.

U.   "Owner" means any person who owns, leases, subleases, rents, operates, manages, has charge of, controls or has the right of ownership, possession, management, charge, or control of real property on their own behalf or on behalf of another.

V.   "Parental status" means being a parent, step-parent, adoptive parent, guardian, foster parent or custodian of a minor child or children under the age of eighteen (18) years, or the designee with written permission of a parent or other person having legal custody of a child or children under the age of eighteen (18) years, which child or children shall reside permanently or temporarily with such parent or other person. In addition, parental status shall refer to any person who is pregnant or who is in the process of acquiring legal custody of a minor child under the age of eighteen (18) years.

W.   "Party" means the person charging or making a charge or complaint or upon whose behalf a complaint is made alleging an unfair practice, the person alleged or found to have committed an unfair practice, and the Seattle Office for Civil Rights.

X.   "Person" means one (1) or more individuals, partnerships, organizations, trade or professional associations, corporations, legal representatives, trustees, trustees in bankruptcy and receivers. It includes any owner, lessee, proprietor, manager, agent or employee, whether one (1) or more natural persons, and any political or civil subdivision or agency or instrumentality of the City.

Y.   "Political ideology" means any idea or belief, or coordinated body of ideas or beliefs, relating to the purpose, conduct, organization, function or basis of government and related institutions and activities, whether or not characteristic of any political party or group. This term includes membership in a political party or group and includes conduct, reasonably related to political ideology, which does not interfere with the property rights of the landowner as it applies to housing.

Z.   "Prospective borrower" means any person who seeks to borrow money to finance the acquisition, construction, repair, or maintenance of real property.

AA.   "Prospective occupant" means any person who seeks to purchase, lease, sublease or rent real property.

BB.   "Real estate agent, salesperson or employee" means any person employed by, associated with or acting for a real estate broker to perform or assist in the performance of any or all of the functions of a real estate broker.

CC.   "Real estate broker" means any person who for a fee, commission, or other valuable consideration, lists for sale, sells, purchases, exchanges, leases or subleases, rents, or negotiates or offers or attempts to negotiate the sale, purchase, exchange, lease, sublease or rental of real property of another, or holds themselves out as engaged in the business of selling, purchasing, exchanging, listing, leasing, subleasing, or renting real property of another, or collects the rental for use of real property of another.

DD.   "Real estate transaction" means the sale, purchase, conveyance, exchange, rental, lease, sublease, assignment, transfer or other disposition of real property.

EE.   "Real estate-related transaction" means any of the following:

1.   The making or purchasing of loans or providing other financial assistance:

a.   For purchasing, constructing, improving, repairing, or maintaining real property, or

b.   Secured by real property; or

2.   The selling, brokering, or appraising of real property; or

3.   The insuring of real property, mortgages, or the issuance of insurance related to any real estate transaction.

FF.   "Real property" means dwellings, buildings, structures, real estate, lands, tenements, leaseholds, interests in real estate cooperatives, condominiums, and any interest therein.

GG.   "Respondent" means any person who is alleged to have committed an unfair practice prohibited by this chapter.

HH.   "Section 8 program" means a federal, state or local government program in which a tenant's rent is paid partially by the government program (through a direct contract between the government program and the owner or lessor of the real property), and partially by the tenant.

II.   "Sexual orientation" means actual or perceived male or female heterosexuality, bisexuality, or homosexuality, and includes a person's attitudes, preferences, beliefs and practices pertaining thereto.

JJ.   "Steering" means to show or otherwise take an action which results, directly or indirectly, in steering a person or persons to any section of the City or to a particular real property in a manner tending to segregate or maintain segregation on the basis of race, color, creed, religion, ancestry, national origin, age, sex, marital status, parental status, sexual orientation, gender identity, political ideology, participation in a Section 8 program, the presence of any disability or the use of a trained dog guide or service animal by a disabled person.

14.08.030  Unfair practices forbidden. back to top

Unfair practices as defined in this chapter are contrary to the public peace, health, safety and general welfare and are prohibited by the City in the exercise of its police power.

14.08.040  Unfair practices--Generally. back to top

A.   It is an unfair practice for any person to discriminate by:

1.   Undertaking or refusing to engage in a real estate transaction or otherwise deny or withhold such real property; or

2.   Refusing to negotiate a real estate transaction; or

3.   Representing that such real property is not available for inspection, sale, rental, or lease when in fact it is so available; or

4.   Expelling or evicting an occupant from real property or otherwise making unavailable or denying a dwelling; or

5.   Applying different terms, conditions or privileges of a real estate transaction, including but not limited to the setting of rates for rental or lease, or establishment of damage deposits, or other financial conditions for rental or lease, or in the furnishing of facilities or services in connection with such transaction.

B.   It is an unfair practice for any real estate broker, real estate agent, salesperson, or employee to discriminate by:

1.   Refusing or intentionally failing to list real property for sale, rent, or lease; or

2.   Refusing or intentionally failing to show real property listed for sale, rental, or lease; or

3.   Refusing or intentionally failing to accept and/or transmit any reasonable offer to purchase, lease, or rent real property.

C.   It is an unfair practice to discriminate by denying a person access to, or membership or participation in, a multiple listing service or real estate brokers' organization or other service, or to discriminate in the terms and conditions of such access, membership, or participation.

D.   It is an unfair practice to prohibit reasonable modifications needed by a disabled tenant. Whether or not the landlord permits tenants in general to make alterations or additions to a structure or fixtures, it is an unfair practice for a landlord to refuse to make reasonable accommodations in rules, policies, practices, or services, when such accommodations may be necessary to afford a disabled person equal opportunity to use and enjoy any dwelling, or to refuse to allow a person to make alterations or additions to existing premises occupied or to be occupied by a disabled person which are necessary to make the rental property accessible by disabled persons, under the following conditions:

1.   The landlord is not required to pay for the alterations, additions, or restoration unless otherwise required by federal law;

2.   The landlord has the right to demand assurances that all modifications will be performed pursuant to local permit requirements, in a professional manner, and in accordance with applicable building codes;

3.   The landlord may, where it is reasonable to do so, condition permission for modification on the tenant's agreement to restore the interior of the premises to its pre-existing condition, reasonable wear and tear excepted.

E.   It is an unfair practice under this chapter for any person to design or construct a building or structure that does not conform with 42 U.S.C. § 3604, the Washington State Barrier Free Act, WAC Ch. 51-40 or Ch. 51-50 as required by chapters 19.27 RCW and 70.92 RCW, other regulations adopted under 42 U.S.C. 3604 and chapters 19.27 RCW and 70.92 RCW, any other applicable laws pertaining to access by disabled persons, or any rules or regulations promulgated thereunder. If the requirements of the applicable laws differ, those which require greater accessibility for disabled persons shall govern.

14.08.045  Retaliation, harassment, or coercion. back to top

A.   It is an unfair practice for any person to:

1.   Aid, abet, incite, compel, or coerce the doing of any act defined in this chapter as an unfair practice; or to intimidate, harass, retaliate, obstruct or discriminate against a person in any manner because such person complied with or proposed to comply with this chapter or any order issued under this chapter or filed a charge or complaint, testified, or assisted in any investigation, proceeding, or hearing under this chapter or attempt to commit any act defined in this chapter to be an unfair practice; or apply any economic sanctions or deny membership privileges because of compliance with this chapter; or

2.   Coerce, intimidate, threaten, or otherwise interfere with any person who exercises or enjoys any right granted or protected under this chapter or who aids or encourages another in the exercise or enjoyment of such rights.

B.   It is an unfair practice for any person, whether or not acting for profit, to harass, intimidate, discriminate against or otherwise abuse any person or person's friends or associates because of race, color, creed, religion, ancestry, national origin, age, sex, marital status, parental status, sexual orientation, gender identity, political ideology, participation in a Section 8 program, the presence of any disability, or the use of a trained dog guide or service animal by a disabled person with the purpose or effect of denying to such person the rights granted in this chapter or the right to quiet or peaceful possession or enjoyment of any real property.

C.   Any practice which has the purpose or effect of denying a person the right to be free from discrimination in real estate transactions or the right to quiet or peaceful possession or enjoyment of real property, or of interfering with a person's compliance with this chapter, or of interfering with a person's filing of a charge or assisting in any proceeding related to an unfair practice under this chapter, is an unfair practice.

14.08.060  Discrimination in real estate-related transactions. back to top

It is an unfair practice for any lender, or any agent or employee thereof, to whom application is made for financial assistance for the purchase, lease, acquisition, construction, rehabilitation, repair, or maintenance of any real property, or any other person whose business includes engaging in real estate related transactions, to:

A.   Discriminate against any person, prospective occupant or occupant of real property in the granting, withholding, extending, making available, modifying or renewing, or in the rates, terms, conditions or privileges of a real estate related transaction, or in the extension of services in connection therewith; or

B.   Discriminate by using any form of application for a real estate related transaction or making any record of inquiry in connection with applications for a real estate related transaction which expresses, directly or indirectly, an intent to discriminate unless required or authorized by local, state or federal laws or agencies to prevent discrimination in real property; provided that, nothing in this provision shall prohibit any party to a credit transaction from requesting designation of marital status for the purpose of considering application of community property law to the individual case or from taking reasonable action thereon or from requesting information regarding age, parental status, or participation in a Section 8 program when such information is necessary to determine the applicant's ability to repay the loan.

14.08.070  Unfair inquiries or advertisements. back to top

It is an unfair practice for any person to:

A.   Require any information, make or keep any record, or use any form of application containing questions or inquiries concerning race, color, creed, religion, ancestry, national origin, age, sex, marital status, parental status, sexual orientation, gender identity, political ideology, participation in a Section 8 program, the presence of a disability, or the use of a trained dog guide or service animal by a disabled person in connection with a real estate transaction unless used solely:

1.   For making reports required by agencies of the federal, state or local government to prevent and eliminate discrimination or to overcome its effects or for other purposes authorized by federal, state or local agencies or laws or rules adopted thereunder,

2.   As to "marital status," for the purpose of determining applicability of community property law to the individual case, or

3.   As to "age," for the purpose of determining that the applicant has attained the age of majority, or in the case of housing exclusively for older persons as described in SMC 14.08.190 E, for the purpose of determining the eligibility of the applicant;

B.   Publish, print, circulate, issue or display or cause to be published, printed, circulated, issued or displayed, any communication, notice, advertisement, or sign of any kind relating to a real estate transaction or listing of real property which indicates directly or indicates an intention to make any preference, limitation or specification based on race, color, creed, religion, ancestry, national origin, age, sex, marital status, parental status, sexual orientation, gender identity, political ideology, the participation in a Section 8 program, the presence of a disability, or the use of a trained dog guide or service animal by a disabled person.

14.08.080  Unfair inducement to sell or rent--Blockbusting; Steering. back to top

It is an unfair practice for any owner, real estate agent, salesperson or employee, real estate broker, or any other person, to discriminate by engaging in blockbusting or steering.

14.08.095  Enforcement by private persons. back to top

A.   Any charging party or aggrieved person may commence a civil action in King County Superior Court or any other court of competent jurisdiction not later than two (2) years after the occurrence or the termination of an alleged unfair practice, whichever occurs last, to obtain appropriate relief with respect to such unfair practice.

B.   The computation of such two-year period shall not include any time during which an administrative proceeding under this chapter was pending with respect to a complaint or charge under this chapter alleging an unfair practice based on the same facts or occurrences. For purposes of this subsection, an "administrative proceeding" begins with the filing of a charge with the Department and ends with the completion of an appeal filed with the Commission or a final order issued by the Director, whichever occurs last.

C.   A civil complaint may be filed under this section whether or not an administrative charge has been filed under SMC 14.08.100, but if the Department or the U.S. Department of Housing and Urban Development has obtained a settlement or conciliation agreement with the consent of the charging party, no civil action may be filed under this section with respect to the alleged unfair practice which forms the basis for such complaint except for the purpose of enforcing the terms of such agreement. No civil action may be filed under this section with respect to an alleged unfair practice which forms the basis of a complaint if the Hearing Examiner has commenced a hearing on the record. The City Attorney's office shall provide written notice to the charging party at least 30 days prior to the commencement of a hearing before the Hearing Examiner that the commencement of such a hearing will terminate the charging party's right to file a civil action.

D.   Any person who claims to have been injured by, or believes that he or she will be injured by an unfair practice which is the subject matter of the civil action filed under this section may intervene as of right in the civil action.

E.    (1)   Subject to the provisions of subsection E(2), upon the filing of a civil action involving the same claim or arising from the same facts and circumstances, whether under this chapter or similar law, a charge of an unfair practice may be administratively closed by the Director. Upon request by a charging party, the Director may keep a charge of unfair practice open pending commencement of a trial in a civil action.

(2)   In the event that a court dismisses a private cause of action on grounds that would not preclude pursuit of a charge under this subchapter, the charging party may request, within 90 days of the entry of the court's order of dismissal, that the Department reopen a previously filed charge. Upon such request, the Director may reopen a charge that was administratively closed upon the filing of a civil action.

(3)   No charging party or aggrieved person may secure relief from more than one governmental agency, instrumentality or tribunal for the same harm or injury.

F.   In a civil action under this section, if the court finds that an unfair practice has occurred or is about to occur, the court may grant as relief, as it deems appropriate, any permanent or temporary injunction, temporary restraining order, or other order, including an order enjoining the defendant from engaging in such practice or ordering such affirmative action as may be appropriate. The court may also award actual damages, including damages for humiliation and mental suffering, damages for the loss of the right to be free from discrimination in real estate transactions, and any other appropriate remedy set forth in the federal Fair Housing Amendments Act of 1988 42 U.S.C. § 3601 et seq.). The court may also allow reasonable attorney's fees and costs to the prevailing party.

G.   Relief granted under this section shall not affect any contract, sale, encumbrance, or lease consummated before the granting of such relief and involving a bona fide purchaser, encumbrancer, or tenant, without actual notice of the filing of a charge or civil action under this chapter.

H.   Upon timely application, the City Attorney may intervene in such civil action, if the City Attorney certifies that the case is of general public importance, and may obtain such relief as would be available in an action brought under SMC 14.08.165 and damages and penalties as contemplated by SMC 14.08.180 and 14.08.185.

14.08.100  Charge--Filing. back to top

A.   An aggrieved person may file a charge with the Director alleging an unfair practice. The charge shall be in writing and signed under oath or affirmation before the Director, one of the Department's employees, or any other person authorized to administer oaths. The charge shall describe the alleged unfair practice and should include a statement of the dates, places and circumstances, and the persons responsible for such acts and practices. Upon the filing of a charge alleging an unfair practice, the Director shall cause to be served upon the charging party a written notice acknowledging the filing, and notifying the charging party of the time limits and choice of forums provided in this chapter.

B.   A charge shall not be rejected as insufficient because of failure to include all required information if the Department determines that the charge substantially satisfies the informational requirements necessary for processing.

C.   A charge alleging an unfair practice or pattern of unfair practices under this chapter may also be filed by the Director whenever the Director has reason to believe that any person has been engaged or is engaging in an unfair practice under this chapter.

14.08.110  Time for filing charges. back to top

Charges filed under this chapter must be filed with the Department within one hundred eighty (180) days after the alleged unfair practice has occurred or terminated.

14.08.120  Charge--Amendments. back to top

A.   The charging party or the Department may amend a charge:

1.   To cure technical defects or omissions;

2.   To clarify allegations made in the charge;

3.   To add allegations related to or arising out of the subject matter set forth or attempted to be set forth in the charge;

4.   To add as a charging party a person who is, during the course of the investigation, identified as an aggrieved person; or

5.   To add or substitute as a respondent a person who was not originally named as a respondent, but who is, during the course of the investigation, identified as a respondent. For jurisdictional purposes, such amendments shall relate back to the date the original charge was first filed.

B.   The charging party may amend a charge to include allegations of retaliation which arose after the filing of the original charge. Such amendment must be filed within one hundred eighty (180) days after the occurrence of the retaliation, and prior to the Department's issuance of findings of fact and determination with respect to the original charge. Such amendments may be made at any time during the investigation of the original charge so long as the Department will have adequate time to investigate the additional allegations and the parties will have adequate time to present the Department with evidence concerning the additional allegations before the issuance of findings of fact and a determination.

C.   When a charge is amended to add or substitute a respondent, the Director shall serve upon the new respondent within twenty days:

1.   The amended charge;

2.   The notice required under section 14.08.130(A); and

3.   A statement of the basis for the Director's belief that the new respondent is properly named as a respondent. For jurisdictional purposes, amendment of a charge to add or substitute a respondent shall relate back to the date the original charge was first filed.

14.08.130  Notice of charge and investigation. back to top

A.   The Director shall promptly, and in any event within twenty (20) days of filing of the charge, cause to be served on or mailed, by certified mail, return receipt requested, to the respondent, a copy of the charge along with a notice advising the respondent of respondent's procedural rights and obligations under this chapter. The Director shall promptly make an investigation of the charge.

B.   The investigation shall be directed to ascertain the facts concerning the unfair practice alleged in the charge, and shall be conducted in an objective and impartial manner.

C.   During the period beginning with the filing of the charge and ending with the issuance of the findings of fact, the Department shall, to the extent feasible, engage in settlement discussions with respect to the charge. A pre-finding settlement agreement arising out of the settlement discussions shall be an agreement between the charging party and the respondent and shall be subject to approval by the Director. Each pre-finding settlement agreement is a public record. Failure to comply with the pre-finding settlement agreement may be enforced under SMC 14.08.187.

D.   During the investigation the Director shall consider any statement of position or evidence with respect to the allegations of the charge which the charging party or the respondent wishes to submit, including the respondent's answer to the charge. The Director shall have authority to sign and issue subpoenas requiring the attendance and testimony of witnesses, the production of evidence including but not limited to books, records, correspondence or documents in the possession or under the control of the person subpoenaed, and access to evidence for the purpose of examination and copying, and conduct discovery procedures which may include the taking of interrogatories and oral depositions.

E.   The Director may require a fact finding conference or participation in another process with the respondent and any of respondent's agents and witnesses and charging party during the investigation in order to define the issues, determine which elements are undisputed, resolve those issues which can be resolved, and afford an opportunity to discuss or negotiate settlement. Parties may have their legal counsel present if desired.

14.08.135  Procedure for investigations. back to top

A.   A respondent may file with the Department an answer to the charge no later than ten (10) days after receiving notice of the charge.

B.   The Director shall commence investigation of the charge within thirty (30) days after the filing of the charge. The investigation shall be completed within one hundred (100) days after the filing of the charge, unless it is impracticable to do so. If the Director is unable to complete the investigation within one hundred (100) days after the filing of the charge, the Director shall notify the charging party and the respondent of the reasons therefor. The Director shall make final administrative disposition of a charge within one (1) year of the date of filing of the charge, unless it is impracticable to do so. If the Director is unable to make a final administrative disposition within one (1) year of the filing of the charge, the Director shall notify the charging party and the respondent of the reasons therefor.

C.   If the Director determines that it is necessary to carry out the purposes of this chapter, the Director may, in writing, request the City Attorney to seek prompt judicial action for temporary or preliminary relief to enjoin any unfair practice pending final disposition of a charge.

14.08.140  Findings of fact and determination of reasonable cause or no reasonable cause. back to top

A.   The results of the investigation shall be reduced to written findings of fact and a determination shall be made by the Director that there is or is not reasonable cause for believing that an unfair practice has been, is being or is about to be committed, which determination shall also be in writing and issued with the written findings of fact. The findings and determination are "issued" when signed by the Director.

B.   The findings of fact and determination shall be mailed promptly to the respondent and charging party.

C.   Once issued to the parties, the Director's findings of fact, determination and order may not be amended or withdrawn except upon the agreement of the parties or in response to an order by the Commission after an appeal taken pursuant to Section 14.08.150; provided, that the Director may correct clerical mistakes or errors arising from oversight or omission upon a motion from a party or upon the Director's own motion.

14.08.150  Determination of no reasonable cause--Appeal from and dismissal. back to top

A.   If a determination is made that there is no reasonable cause for believing an unfair practice under this chapter has been, is being or is about to be committed, the charging party may appeal such determination to the Commission within thirty (30) days of the date the determination is signed by the Director by filing a written statement of appeal with the Commission. The Commission shall promptly deliver a copy of the statement to the Department and respondent and shall promptly consider and act upon such appeal by either affirming the Director's determination or, if the Commission believes the Director should investigate further, remanding it to the Director with a request for specific further investigation. In the event no appeal is taken, or such appeal results in affirmance or if the Commission has not decided the appeal within sixty (60) days from the date the appeal statement is filed, the determination of the Director shall be final and the charge deemed dismissed and the same shall be entered on the records of the Department. Any party aggrieved by the final dismissal may appeal the order on the record to an appropriate court.

14.08.160  Determination of reasonable cause--Conciliation. back to top

A.   If the Director determines that reasonable cause exists to believe that an unfair practice has occurred, is occurring or is about to occur, the Director shall endeavor to eliminate the unfair practice through efforts to reach conciliation. Conditions of conciliation may include, but are not limited to, the elimination of the unfair practice, rent refunds or credits, reinstatement to tenancy, affirmative recruiting or advertising measures, payment of actual damages, damages for loss of the right to be free from discrimination in real estate transactions, and reasonable attorney's fees and costs or such other remedies that will carry out the purposes of this chapter, including remedies which could be ordered by a court. The Director may also require payment of a civil penalty as set forth in SMC 14.08.185.

B.   Any post-finding conciliation agreement shall be an agreement between the charging party and the respondent and shall be subject to the approval of the Director. The Director shall enter an order setting forth the terms of the agreement which may include a requirement that the parties report to the Director on the matter of compliance. Copies of such order shall be delivered to all affected parties.

C.   If conciliation fails and no agreement can be reached, the Director shall issue a written finding to that effect and furnish a copy of the finding to the charging party and to the respondent. Upon issuance of the finding, except a case in which a City department is a respondent, the Director shall promptly cause to be delivered the entire investigatory file, including the charge and any and all findings made, to the City Attorney for further proceedings and hearing under this chapter pursuant to Section 14.08.170.

14.08.165  Election of civil action in cases of unfair practices. back to top

A.   Following the issuance of a finding of unsuccessful conciliation, any charging party on whose behalf the reasonable cause finding was made, or a respondent, may, with respect to an unfair practice under this chapter, elect to have the claims on which reasonable cause was found decided in a civil action under this section in lieu of an administrative hearing under SMC 14.08.170 and 14.08.180. This election must be made not later than thirty (30) days after service of the finding of unsuccessful conciliation. The person making such election shall give notice of doing so to the Department and to all other charging parties and respondents to whom the charge relates.

B.   If an election is made under subsection A of this section (except as provided in SMC 14.08.170(B)), the City Attorney shall commence, within ninety (90) days after the election is made, a civil action in the name of the Department in the King County Superior Court. In such action, if the court finds an unfair practice has occurred, the court may grant relief as would be available in an action brought under SMC 14.08.095 and damages and penalties as contemplated in SMC 14.08.180 or SMC 14.08.185.\

C.   Any person who claims to have been injured by, or believes that he or she will be injured by an unfair practice which is the subject matter of the civil action filed under this section may intervene as of right in the civil action.

14.08.170  Complaint and hearing. back to top

A.   Following submission of the investigatory file from the Director, the City Attorney shall, except as set forth in subsection B of this section, prepare a complaint against such respondent relating to the charge and facts discovered during the Department's investigation. The City Attorney shall file the complaint with the Hearing Examiner in the name of the Department and represent the interests of the Department at all subsequent proceedings.

B.   In cases which are not dual-filed with the Department of Housing and Urban Development, if the City Attorney determines that there is no legal basis for a complaint to be filed or proceedings to continue, a statement of the reasons therefor shall be filed with the Department. The Director shall then dismiss the charge. Any party aggrieved by the dismissal may appeal the dismissal to an appropriate court.

C.   The City Attorney shall serve a copy of the complaint on respondent and furnish a copy of the complaint to the charging party and to the Department.

D.   Within twenty (20) days of the service of such complaint upon it, the respondent shall file its answer with the Hearing Examiner and serve a copy of the same on the City Attorney.

E.   Upon the filing of the complaint, the Hearing Examiner shall promptly establish a hearing date and give notice thereof to the Commission, the City Attorney and respondent, and shall thereafter hold a public hearing on the complaint which shall commence no earlier than ninety (90) days nor later than one hundred twenty (120) days from the filing of the complaint, unless otherwise ordered by the Hearing Examiner.

F.   After the complaint is filed with the Hearing Examiner, it may be amended only with the permission of the Hearing Examiner, which permission shall be granted when justice will be served and all parties are allowed time to prepare their case with respect to additional or expanded charges.

G.   The hearing shall be conducted by the Hearing Examiner, a deputy hearing examiner or a hearing examiner pro tempore appointed by the Hearing Examiner from a list approved by the Commission, sitting alone or with representatives of the Commission if any are designated. Such hearings shall be conducted in accordance with written rules and procedures consistent with this chapter and the Administrative Code, Ch. 3.02 SMC.

H.   The Commission, within thirty (30) days after receiving notice of the date of hearing from the Hearing Examiner, at its discretion, may appoint two (2) Commissioners who have not otherwise been involved in the charge, investigation, fact finding, or other resolution and proceeding on the merits of the case, who have not formed an opinion on the merits of the case, and who otherwise have no pecuniary, private or personal interest or bias in the matter, to hear the case with the Hearing Examiner. Each Commissioner shall have an equal vote with the Hearing Examiner. The Hearing Examiner shall be the chairperson of the panel and make all evidentiary rulings. The Hearing Examiner shall resolve any question of previous involvement, interest or bias of an appointed Commissioner in conformance with the law on the subject. Any reference in this chapter to a decision, order, or other action of the Hearing Examiner shall include, when applicable, the decision, order, or other action of a panel constituted under this subsection.

14.08.180  Decision and order. back to top

A.   Within thirty (30) days after conclusion of the hearing, the Hearing Examiner shall prepare a written decision and order. The final decision shall be filed as a public record with the City Clerk, and copies thereof mailed to each party of record and to the Department.

B.   Such decision shall contain a brief summary of the evidence considered and shall contain findings of fact, conclusions of law upon which the decision is based, and an order detailing the relief deemed appropriate, together with a brief statement of the reasons supporting the decision.

C.   In the event the Hearing Examiner or a majority of the panel composed of the Hearing Examiner and Commissioners determines that a respondent has committed an unfair practice under this chapter, the Hearing Examiner may order the respondent to take such affirmative action or provide for such relief as is deemed necessary to correct the practice, effectuate the purpose of this chapter, and secure compliance therewith, including but not limited to, rent refund or credit, reinstatement to tenancy, affirmative recruiting and advertising measures, reasonable attorney's fees and costs, or to take such other action as in the judgment of the Hearing Examiner will carry out the purposes of this chapter. The Hearing Examiner may grant any relief that could be ordered by a court, including actual damages, damages for loss of the right to be free from discrimination in real estate transactions, injunctive or equitable relief, any other appropriate remedy set forth in the federal Fair Housing Amendments Act of 1988 (42 U.S.C. §3601 et seq.), and assessment of civil penalties as set forth in SMC 14.08.185. An order may include the requirement for a report on the matter of compliance.

D.   Any person aggrieved by a final order of the Hearing Examiner may appeal the order on the record to an appropriate court.

E.   The Department in the performance of its functions may enlist the aid of all departments of City government, and all said departments are directed to fully cooperate with the Department.

14.08.185  Civil penalty in cases alleging unfair practices. back to top

A.   In cases either decided by the Director or brought by the City Attorney alleging unfair practices filed under this chapter, in addition to any other award of damages or grant of injunctive relief, a civil penalty may be assessed against the respondent to vindicate the public interest, which penalty shall be payable to the City of Seattle and the Department. Payment of the civil penalty may be required as a term of a conciliation agreement entered into under SMC 14.08.160(A), or may be ordered by the Hearing Examiner in a decision rendered under SMC 14.08.180 or by a court of competent jurisdiction in a proceeding filed under SMC 14.08.165.

B.   The civil penalty assessed against a respondent shall not exceed the following amount:

1.   Eleven Thousand Dollars ($11,000) if the respondent has not been determined to have committed any prior unfair practice;

2.   Twenty seven Thousand Five Hundred Dollars ($27,500) if the respondent has been determined to have committed one (1) other unfair practice during the five (5) year period ending on the date of the filing of this charge; or

3.   Fifty five Thousand Dollars ($55,000) if the respondent has been determined to have committed two (2) or more unfair practices during the seven (7) year period ending on the date of the filing of this charge; except that if acts constituting the unfair practice that is the subject of the charge are committed by the same natural person who has been previously determined to have committed acts constituting an unfair practice, then the civil penalties set forth in subparagraphs 2 and 3 of subsection B of this section may be imposed without regard to the period of time within which those prior acts occurred.

14.08.187  Enforcement of Department and Hearing Examiner orders and agreements. back to top

A.   In the event a City respondent fails to comply with any final order of the Director or of the Hearing Examiner, a copy of the order shall be transmitted to the Mayor, who shall take appropriate action to secure compliance with the final order.

B.   In the event a respondent fails to comply with any final order issued by the Hearing Examiner not directed to the City or to any City department, the Director, shall refer the matter to the City Attorney, for the filing of a civil action to enforce such order.

C.   Whenever the Director has reasonable cause to believe that a respondent has breached a settlement or conciliation agreement, the Director shall refer the matter to the City Attorney for filing of a civil action to enforce such agreement.

D.   If no action has been filed under subsection B or C of this section within ninety (90) days after referral to the City Attorney, any person entitled to relief under the final order or a party to a settlement or conciliation agreement may file a civil action in superior court to enforce the order or agreement.

14.08.190  Exclusions. back to top

Nothing in this chapter shall:

A.   Apply to the renting, subrenting, leasing or subleasing of a single-family dwelling, wherein the owner or person entitled to possession thereof maintains a permanent residence, home or abode, except as set forth in SMC 14.08.040(B), 14.08.040(C), SMC 14.08.045, SMC 14.08.060, SMC 14.08.070(A), and SMC 14.08.070(B);

B.   Be interpreted to prohibit any person from making a choice among prospective purchasers or tenants of real property on the basis of factors other than race, color, creed, religion, ancestry, national origin, age, sex, marital status, parental status, sexual orientation, gender identity, political ideology, participation in a Section 8 program, the presence of any disability, or the use of a trained dog guide or service animal by a disabled person where such factors are not designed, intended or used to discriminate;

C.   Prohibit a religious organization, association, or society, or any nonprofit institution or organization operated, supervised or controlled by or in conjunction with a religious organization, association, or society, from limiting the sale, rental or occupancy of dwellings which it owns or operates for other than a commercial purpose to persons of the same religion, or from giving preference to such persons, unless membership in such religion is restricted on the basis of race, color, or national origin;

D.   Prohibit any person from limiting the rental or occupancy of a dwelling in any YWCA, YMCA, sorority, fraternity, school dormitory, or similar residential hall to persons of one sex;

E.   Prohibit any person from limiting the rental or occupancy of a dwelling to persons who are elderly or disabled in any housing facility designed, constructed or substantially rehabilitated and operated exclusively for older persons, as defined by 42 U.S.C. Sec. 3607(b)(1) through (5) as of the effective date of this ordinance, or for the disabled;F.   Require any person to rent or lease a dwelling to an unemancipated minor;

G.   Require any person to rent or lease a dwelling in violation of the Housing and Building Maintenance Code;

H.   Be construed to prohibit treating disabled persons more favorably than persons who are not disabled;

I.   Be construed to protect criminal conduct;

J.   Prohibit any person from limiting the rental or occupancy of a dwelling based on the use of force or violent behavior by an occupant or prospective occupant, including behavior intended to produce or incite imminent force or violence to the person or property of the owner, manager, or other agent of the owner.

14.08.200  Unlawful conduct and penalties. back to top

It is unlawful for any person to willfully resist, prevent, impede or interfere with the Director or Hearing Examiner in the performance of their duties under this chapter. A violation of this section is a misdemeanor subject to penalties as set forth in SMC 12A.02.070B.

14.08.205  Construction with other laws. back to top

Nothing in this chapter shall invalidate or restrict any right or remedy of any charging party or respondent under state or federal law nor preclude such party from seeking judicial review of any final administrative decision or order made under this chapter.

14.08.210  Cooperative agreements. back to top

Nothing in this chapter shall be interpreted to prevent the receiving, referring, or other processing of complaints, in accordance with a cooperative agreement with the United States Department of Housing and Urban Development, the Washington State Human Rights Commission as authorized and mandated by RCW 49.60.226, or with other agencies concerned with the enforcement of laws against discrimination.

14.08.215  Application to pending charges and complaints. back to top

The procedures for administration and enforcement under this chapter shall apply to charges pending which have not had a date certain set for hearing as of the effective date of the ordinance codified in this chapter.1 However, this section shall not be construed to invalidate any administrative action taken or determinations and orders made on pending charges because of the procedures provided by this chapter.