WA State Laws

This is a guide to the laws regarding the use and access rights of service animals in Washington State.

1. Service Animal Definition

The following are definitions described in RCW 49.60.040:

RCW 49.60.040 defines a dog guide as a “dog that is trained for the purpose of guiding blind persons or a dog that is trained for the purpose of assisting hearing impaired persons.” RCW 49.60.040 defines service animal as “an animal that is trained for the purpose of assisting or accommodating a disabled person’s sensory, mental, or physical disability.”

Service animals are utilized by persons with a variety of disabilities and in many different ways. Service animals may lead blind people or serve as the ears of a deaf person. They may also carry and pick up items, be used for balance, and provide warnings of impending seizures or low blood sugar. Service animals may allow persons with anxiety disorders, PTSD or other emotional illnesses to function in society, by alerting their handlers to avoid anxiety triggers, by recognizing and blocking behaviors, or by stimulating the person to “snap back” to a conscious state. Service animals can remind handlers that it is time to take medication, and can summon help in the case of fainting or a seizure. The ways in which persons with disabilities use service animals are growing and evolving as we discover additional ways in which animals can be utilized by persons with disabilities.

Emotional support animals, comfort animals, and therapy dogs are not service animals under Washington State Law. Other species of animals, whether wild or domestic, trained or untrained, are not considered service animals either. The work or tasks performed by a service animal must be directly related to the individual’s disability. It does not matter if a person has a note from a doctor that states that the person has a disability and needs to have the animal for emotional support. A doctor’s letter does not turn an animal into a service animal.

2. Other Support or Therapy Animals

Emotional Support Animal: Although many medical professionals have been turning to emotional support animals as a treatment plan to aid in psychiatric disabilities, (including loneliness, phobias, anxiety, depression, and other related conditions) by providing companionship and comfort to the animal’s owner, these animals often do not receive specialized training to aid the owner with skilled tasks. These animals are NOT considered service animals by the ADA or Washington State Law, and are not protected by the laws outlined for service animals. Emotional support animals ARE however protected as reasonable accommodations for housing and air travel, but most of the time additional documentation from a physician may be required.

Therapy Animal: Therapy animals have been used in clinical settings such as nursing homes, hospitals, rehabilitation centers, and special education centers for years. Some states may have laws defining a therapy animal, but they are not considered a service animal or an emotional support animal and are not protected by the federal laws that allow the use of a service animal. Therapy animals typically serve a group of individuals to provide comfort and happiness, and do not aid a singular handler with a disability. They aid in the improvement of “physical, social, emotional, and/or cognitive functioning” of a variety of people and patients.

3. Responsibilities of a Handler

A service dog is protected by federal and state laws to be allowed access to public places such as stores, restaurants, theaters, etc. (anywhere it’s handler would otherwise be allowed access to). However, there are some rules and behavior guidelines the handler must follow. The laws not only protect the handler and service animal from being denied access to those places, but also protects business owners from unruly service animals and/or “fraudulent” service animals. A business owner has the right to deny access to a service animal and handler team if they pose a direct threat to the health and/or safety to the establishment’s patrons or display poor or unacceptable behaviors. Below is a list of basic rules that must be followed in order to maintain access rights:

Rules and Behavior Guidelines

• Washington State follows the ADA requirements for the service animal to be under the complete control of it’s handler. This could be achieved through the use of a leash, harness, or other tether mechanism. However, in cases where either the handler is unable to hold a tether because of a disability or its use would interfere with the service animal’s safe, effective performance of work or tasks, the service animal must be under the handler’s control by some other means, such as voice control.
• The service animal MUST be housebroken- urinating or defecating in public places that are not appropriate would be grounds for removal of the team from the establishment.
• The service animal must be vaccinated and licensed according to local state and county laws. Some counties will waive the fee of licensing under certain circumstances for service animals.
• The handler is responsible for the care of the service animal’s needs. This means they are solely responsible for the feeding, watering and cleaning up after the service animal in an establishment.

Here are some basic guidelines to follow for the proper behavior of a service animal:

• Follow the “4 on the floor” rule. For example: no jumping, standing up on hind legs, or being placed in shopping carts.
• Keep a quiet profile. In some cases, a service dog may be trained to bark for an alert, which is perfectly acceptable. However, it is unacceptable for the dog to uncontrollably bark, growl or whine while in an establishment.
• Maintain control of the service animal at all times. Most service animals are trained to stay close to its handler (i.e. under a chair, bench or table when the handler is sitting, next to or in front of the handler in a “sit” or “down” when the handler is standing stationary). Allowing the service animal to run around or away from it’s handler is unacceptable.

Another thing to note is the size of the service animal. In some circumstances, a service animal may need to maintain contact or closeness to the handler to detect an alert. In this case, a smaller service animal may be held or carried by the handler instead of walked.

Training

WA State Law clearly defines a service animal as being “trained”. Training itself is not defined, and there is no requirement that the animal have a certain type of training, that the animal be certified, or that it be trained by a particular person or by a person having certification. Court cases have determined that the training needs to be more than obedience training or positive reinforcement that are given to family pets. A service animal must have training that sets it apart from a family pet; the service animal must be trained to engage in specific actions or tasks to assist its handler with a disability. This training requirement often eliminates “emotional support animals”, “therapy dogs”, and “comfort animals” from the definition of service animal. Before determining that an animal falls into one of these categories and excluding the animal, an inquiry should be made into what the animal is trained to do. However, if you are in a housing situation, federal law applies , because it has a more expansive definition that looks upon certain animals as reasonable accommodations for persons with disabilities, with no training requirement.

4. Handler’s Rights of Access

RCW 49.60.215 prohibits discrimination in a place of public accommodation due to the “use of a trained dog guide or service animal by a disabled person.” WAC 162-26-130 requires “fair service in a place of public accommodation regardless of the use of a trained dog guide or service animal by a disabled person as well as because of the disability itself.”

Service animals must be allowed into all areas of a place of public accommodation where the general public is allowed – this includes dining and eating areas, restrooms, and areas where food is sold. A place of public accommodation cannot request that the service animal be removed unless it creates a risk of harm. This risk must be actual, and cannot be speculative or based on a fear of dogs. In addition, if an animal exhibits disruptive, poor or unsanitary behavior, it would not be considered a trained service animal, and can be removed.

:Questions a business can ask:

• First, in situations where it is not obvious that the dog is a service animal , a business can ask, “Is the dog a service animal required because of a disability?” If the dog is a not a service dog, the business can exclude the animal. If the handler answers that the dog is a service animal, the business can proceed to a second question.
• The second question a business may ask is, “What work or task has the dog been trained to perform?” The answer to this question will determine if the business needs to allow the animal or if it can exclude the animal.

– If the handler refuses to answer, the animal can be excluded.

– If the handler discloses their disability, but refuses to disclose what the animal is trained to do for them, the animal can be excluded.

– If the handler provides documentation or certification that the animal is a service animal, but neither the documentation nor the handler can explain what the animal is trained to do, the business can exclude the animal. ( There is no state or federal service animal registry or certification process, so such documentation has no legal merit and is often purchased off of the Internet. )

– If the handler answers only that the animal can sit, stay, lie down, come when called, or do something else related to obedience and good manners, this does not indicate the animal is trained to provide services for a disability, and the animal can be excluded.

– If the handler answers that the animal makes them feel better, or indicates that the animal’s mere presence alone is what helps the handler, and the animal is not trained to do a task or provide a service, it may be excluded.

– If the handler answers that the animal is trained to guide them, help with balance or mobility, alert them to a condition, pick up or carry items, remind them to take medication, stabilize them during a seizure, redirect their attention from a trigger, or do some other work or task to mitigate a disability, then the animal is a trained service and must be allowed.

Additional Points:

• Service animals are not considered pets, so a “no pets” policy does not apply.
• A business, entity or establishment may not charge a fee for a service animal.
• Service animals are not limited to large dogs; small dogs and miniature horses may also work as service animals.
• Service animals will often be identified with a harness or vest, but there is no legal requirement that the service animal have any identification.
• The business cannot ask the customer about his or her disability, as this is private information, and the business cannot ask for proof of disability, a medical note, “papers”, an “I.D.” or “certification”.
• If an animal is identified as a service animal, the business must allow the animal into all public parts of the business, including where food is sold and eaten. The business cannot segregate the service animal and its handler to a particular part of the place of public accommodation.
• It is reasonable to expect that the service animal should remain in physical or voice control of its handler at all times, that the animal not defecate or urinate inside, and that the animal not bark excessively, be disruptive, run to people or jump on them, or act aggressively toward people. Keep in mind, however, that sometimes it is a service animal’s job to warn its handler of surroundings or impending medical events, and it might do so with a bark.
• The service animal is there to provide a service; it is working. Therefore it should not be wandering around, socializing, eating at the table, or being fed. It this type of behavior occurs, the business can ask that it stop, and if the behavior continues, the business can ask that the animal leave. Service animals are highly trained, and the majority of service animal handlers will be very conscientious about their animal’s behavior, and would not allow it to engage it inappropriate or disruptive behavior.

5. Housing

The U.S. Department of Housing and Urban Development (HUD) is the federal agency in charge of enforcing housing laws throughout the country, including anti-discrimination laws. Under the federal Fair Housing Act (FHA), a housing provider (including landlords, property managers, and home owner and condominium associations) cannot discriminate against persons with disabilities, and must reasonably accommodate persons with disabilities. The FHA does not have a training requirement for service animals. It defines an “assistance animal” as, “animals that do work, perform tasks, assist, and/or provide therapeutic emotional support for individuals with disabilities.” The person must have a disability, should request the animal as a reasonable accommodation for that disability, and must be able to answer the two questions the ADA allows an entity to ask, or, if the animal is not a service animal, give proof that the animal is necessary because of a disability-related need. Emotional support animals and comfort animals would be included as a reasonable accommodation under HUD rules. Therefore, if a person with a disability has a guide dog, service animal or an emotional support animal, that animal should be allowed into that person’s dwelling despite a “no pets” policy. There should be no charge or “pet fee” for the service animal. HUD does not limit the species of service animals; service animals could include dogs, cats, and other animals. If you believe that you have been discriminated against in housing because of your service animal, you will need to file your complaint directly with HUD.

6. Employment

WAC 162.22.100 states, “It is an unfair practice of an employer…to request that a trained dog guide or service animal be removed from the workplace…” If the animal is trained to provide a disability-related service to a person with a disability, an employer needs to allow the service animal in the workplace. These animals are not pets, so a “no pets” policy in the workplace does not apply. A business can refuse to allow the service animal only if the animal poses a direct threat, or an undue hardship in the workplace. Speculation that the animal poses a risk or danger is not enough to refuse the animal. Fear of dogs by other employees or by customers is not a valid reason for not allowing a service animal. If allergies are an issue, an employer must balance the need for the service animal with reasonably accommodating the person with allergies, often by separation (but not segregation) if possible.

7. Service Animals in Training

WA State Law does not give public access rights to persons with service animals that are not fully trained. While a business that does not sell food might choose to allow these animals entry, there is no legal obligation to do so.

8. Additional Laws

King County Assistance Animal Guide

• RCW 9.91.170 Interfering with dog guide or service animal (Layla’s Law)
  (1)(a) Any person who has received notice that his or her behavior is interfering with the use of a dog guide or service animal who continues with reckless disregard to interfere with the use of a dog guide or service animal by obstructing, intimidating, or otherwise jeopardizing the safety of the dog guide or service animal user or his or her dog guide or service animal is guilty of a misdemeanor, except as provided in (b) of this subsection.(b) A second or subsequent violation of this subsection is a gross misdemeanor.(2)(a) Any person who, with reckless disregard, allows his or her dog to interfere with the use of a dog guide or service animal by obstructing, intimidating, or otherwise jeopardizing the safety of the dog guide or service animal user or his or her dog guide or service animal is guilty of a misdemeanor, except as provided in (b) of this subsection.(b) A second or subsequent violation of this subsection is a gross misdemeanor.(3) Any person who, with reckless disregard, injures, disables, or causes the death of a dog guide or service animal is guilty of a gross misdemeanor.(4) Any person who, with reckless disregard, allows his or her dog to injure, disable, or cause the death of a dog guide or service animal is guilty of a gross misdemeanor.(5) Any person who intentionally injures, disables, or causes the death of a dog guide or service animal is guilty of a class C felony punishable according to chapter 9A.20 RCW. (6) Any person who wrongfully obtains or exerts unauthorized control over a dog guide or service animal with the intent to deprive the dog guide or service animal user of his or her dog guide or service animal is guilty of theft in the first degree, RCW 9A.56.030. (7)(a) In any case in which the defendant is convicted of a violation of this section, he or she shall also be ordered to make full restitution for all damages, including incidental and consequential expenses incurred by the dog guide or service animal user and the dog guide or service animal which arise out of or are related to the criminal offense. (b) Restitution for a conviction under this section shall include, but is not limited to: (i) The value of the replacement of an incapacitated or deceased dog guide or service animal, the training of a replacement dog guide or service animal, or retraining of the affected dog guide or service animal and all related veterinary and care expenses; and (ii) Medical expenses of the dog guide or service animal user, training of the dog guide or service animal user, and compensation for wages or earned income lost by the dog guide or service animal user. (8) Nothing in this section shall affect any civil remedies available for violation of this section. (9) For purposes of this section, the following definitions apply: (a) “Dog guide” means a dog that is trained for the purpose of guiding blind persons or a dog trained for the purpose of assisting hearing impaired persons. (b) “Service animal” means an animal that is trained for the purposes of assisting or accommodating a disabled person’s sensory, mental, or physical disability. (c) “Notice” means a verbal or otherwise communicated warning prescribing the behavior of another person and a request that the person stop their behavior. (d) “Value” means the value to the dog guide or service animal user and does not refer to cost or fair market value. [2003 c 53 § 52; 2001 c 112 § 2.] Notes:
  Intent — Effective date — 2003 c 53: See notes following RCW 2.48.180. Short title — 2001 c 112: “This act may be known and cited as Layla’s Law.” [2001 c 112 § 1.]
• RCW 49.60.040 Definitions (as amended by 2007 c 317
  (23) “Dog guide” means a dog that is trained for the purpose of guiding blind persons or a dog that is trained for the purpose of assisting hearing impaired persons;(24) “Service animal” means an animal that is trained for the purpose of assisting or accommodating a ((disabled person’s)) sensory, mental, or physical disability of a person with a disability;(25)(a) “Disability” means the presence of a sensory, mental, or physical impairment that:(i) Is medically cognizable or diagnosable; or(ii) Exists as a record or history; or(iii) Is perceived to exist whether or not it exists in fact. (b) A disability exists whether it is temporary or permanent, common or uncommon, mitigated or unmitigated, or whether or not it limits the ability to work generally or work at a particular job or whether or not it limits any other activity within the scope of this chapter. (c) For purposes of this definition, “impairment” includes, but is not limited to: (i) Any physiological disorder, or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: Neurological, musculoskeletal, special sense organs, respiratory, including speech organs, cardiovascular, reproductive, digestive, genitor-urinary, hemic and lymphatic, skin, and endocrine; or (ii) Any mental, developmental, traumatic, or psychological disorder, including but not limited to cognitive limitation, organic brain syndrome, emotional or mental illness, and specific learning disabilities. (d) Only for the purposes of qualifying for reasonable accommodation in employment, an impairment must be known or shown through an interactive process to exist in fact and: (i) The impairment must have a substantially limiting effect upon the individual’s ability to perform his or her job, the individual’s ability to apply or be considered for a job, or the individual’s access to equal benefits, privileges, or terms or conditions of employment; or (ii) The employee must have put the employer on notice of the existence of an impairment, and medical documentation must establish a reasonable likelihood that engaging in job functions without an accommodation would aggravate the impairment to the extent that it would create a substantially limiting effect. (e) For purposes of (d) of this subsection, a limitation is not substantial if it has only a trivial effect. [2007 c 317 § 2; 2006 c 4 § 4; 1997 c 271 § 3; 1995 c 259 § 2. Prior: 1993 c 510 § 4; 1993 c 69 § 3; prior: 1985 c 203 § 2; 1985 c 185 § 2; 1979 c 127 § 3; 1973 c 141 § 4; 1969 ex.s. c 167 § 3; 1961 c 103 § 1; 1957 c 37 § 4; 1949 c 183 § 3; Rem. Supp. 1949 § 7614-22.]
• RCW 49.60.370 Liability for killing or injuring dog guide or service animal — Penalty in addition to other remedies or penalties — Recovery of attorneys’ fees and costs — No duty to investigate.
  (1) A person who negligently or maliciously kills or injures a dog guide or service animal is liable for a penalty of one thousand dollars, to be paid to the user of the animal. The penalty shall be in addition to and not in lieu of any other remedies or penalties, civil or criminal, provided by law.(2) A user or owner of a dog guide or service animal, whose animal is negligently or maliciously injured or killed, is entitled to recover reasonable attorneys’ fees and costs incurred in pursuing any civil remedy.(3) The commission has no duty to investigate any negligent or malicious acts referred to under this section.[1997 c 271 § 23; 1988 c 89 § 1. Formerly RCW 70.84.100.]
• RCW 49.60.180 Unfair practices of employers.
  It is an unfair practice for any employer:(1) To refuse to hire any person because of age, sex, marital status, sexual orientation, race, creed, color, national origin, honorably discharged veteran or military status, or the presence of any sensory, mental, or physical disability or the use of a trained dog guide or service animal by a person with a disability, unless based upon a bona fide occupational qualification: PROVIDED, That the prohibition against discrimination because of such disability shall not apply if the particular disability prevents the proper performance of the particular worker involved: PROVIDED, That this section shall not be construed to require an employer to establish employment goals or quotas based on sexual orientation.(2) To discharge or bar any person from employment because of age, sex, marital status, sexual orientation, race, creed, color, national origin, honorably discharged veteran or military status, or the presence of any sensory, mental, or physical disability or the use of a trained dog guide or service animal by a person with a disability.(3) To discriminate against any person in compensation or in other terms or conditions of employment because of age, sex, marital status, sexual orientation, race, creed, color, national origin, honorably discharged veteran or military status, or the presence of any sensory, mental, or physical disability or the use of a trained dog guide or service animal by a person with a disability: PROVIDED, That it shall not be an unfair practice for an employer to segregate washrooms or locker facilities on the basis of sex, or to base other terms and conditions of employment on the sex of employees where the commission by regulation or ruling in a particular instance has found the employment practice to be appropriate for the practical realization of equality of opportunity between the sexes.(4) To print, or circulate, or cause to be printed or circulated any statement, advertisement, or publication, or to use any form of application for employment, or to make any inquiry in connection with prospective employment, which expresses any limitation, specification, or discrimination as to age, sex, marital status, sexual orientation, race, creed, color, national origin, honorably discharged veteran or military status, or the presence of any sensory, mental, or physical disability or the use of a trained dog guide or service animal by a person with a disability, or any intent to make any such limitation, specification, or discrimination, unless based upon a bona fide occupational qualification: PROVIDED, Nothing contained herein shall prohibit advertising in a foreign language.[2007 c 187 § 9; 2006 c 4 § 10; 1997 c 271 § 10; 1993 c 510 § 12; 1985 c 185 § 16; 1973 1st ex.s. c 214 § 6; 1973 c 141 § 10; 1971 ex.s. c 81 § 3; 1961 c 100 § 1; 1957 c 37 § 9. Prior: 1949 c 183 § 7, part; Rem. Supp. 1949 § 7614-26, part.]
• RCW 49.60.190 Unfair practices of labor unions.
  It is an unfair practice for any labor union or labor organization:(1) To deny membership and full membership rights and privileges to any person because of age, sex, marital status, sexual orientation, race, creed, color, national origin, honorably discharged veteran or military status, or the presence of any sensory, mental, or physical disability or the use of a trained dog guide or service animal by a person with a disability.(2) To expel from membership any person because of age, sex, marital status, sexual orientation, race, creed, color, national origin, honorably discharged veteran or military status, or the presence of any sensory, mental, or physical disability or the use of a trained dog guide or service animal by a person with a disability.(3) To discriminate against any member, employer, employee, or other person to whom a duty of representation is owed because of age, sex, marital status, sexual orientation, race, creed, color, national origin, honorably discharged veteran or military status, or the presence of any sensory, mental, or physical disability or the use of a trained dog guide or service animal by a person with a disability.[2007 c 187 § 10; 2006 c 4 § 11; 1997 c 271 § 11; 1993 c 510 § 13; 1985 c 185 § 17; 1973 1st ex.s. c 214 § 8; 1973 c 141 § 11; 1971 ex.s. c 81 § 4; 1961 c 100 § 2; 1957 c 37 § 10. Prior: 1949 c 183 § 7, part; Rem. Supp. 1949 § 7614-26, part.]
• RCW 49.60.200 Unfair practices of employment agencies.
  It is an unfair practice for any employment agency to fail or refuse to classify properly or refer for employment, or otherwise to discriminate against, an individual because of age, sex, marital status, sexual orientation, race, creed, color, national origin, honorably discharged veteran or military status, or the presence of any sensory, mental, or physical disability or the use of a trained dog guide or service animal by a person with a disability, or to print or circulate, or cause to be printed or circulated any statement, advertisement, or publication, or to use any form of application for employment, or to make any inquiry in connection with prospective employment, which expresses any limitation, specification or discrimination as to age, sex, race, sexual orientation, creed, color, or national origin, honorably discharged veteran or military status, or the presence of any sensory, mental, or physical disability or the use of a trained dog guide or service animal by a person with a disability, or any intent to make any such limitation, specification, or discrimination, unless based upon a bona fide occupational qualification: PROVIDED, Nothing contained herein shall prohibit advertising in a foreign language.[2007 c 187 § 11; 2006 c 4 § 12; 1997 c 271 § 12; 1993 c 510 § 14; 1973 1st ex.s. c 214 § 9; 1973 c 141 § 12; 1971 ex.s. c 81 § 5; 1961 c 100 § 3; 1957 c 37 § 11. Prior: 1949 c 183 § 7, part; Rem. Supp. 1949 § 7614-26, part.]
• RCW 49.60.215 Unfair practices of places of public resort, accommodation, assemblage, amusement.
  It shall be an unfair practice for any person or the person’s agent or employee to commit an act which directly or indirectly results in any distinction, restriction, or discrimination, or the requiring of any person to pay a larger sum than the uniform rates charged other persons, or the refusing or withholding from any person the admission, patronage, custom, presence, frequenting, dwelling, staying, or lodging in any place of public resort, accommodation, assemblage, or amusement, except for conditions and limitations established by law and applicable to all persons, regardless of race, creed, color, national origin, sexual orientation, sex, honorably discharged veteran or military status, the presence of any sensory, mental, or physical disability, or the use of a trained dog guide or service animal by a person with a disability: PROVIDED, That this section shall not be construed to require structural changes, modifications, or additions to make any place accessible to a person with a disability except as otherwise required by law: PROVIDED, That behavior or actions constituting a risk to property or other persons can be grounds for refusal and shall not constitute an unfair practice.[2007 c 187 § 12; 2006 c 4 § 13; 1997 c 271 § 13; 1993 c 510 § 16. Prior: 1985 c 203 § 1; 1985 c 90 § 6; 1979 c 127 § 7; 1957 c 37 § 14.]
• RCW 49.60.220 Unfair practice to aid violation.
  It is an unfair practice for any person to aid, abet, encourage, or incite the commission of any unfair practice, or to attempt to obstruct or prevent any other person from complying with the provisions of this chapter or any order issued thereunder.[1957 c 37 § 13. Prior: 1949 c 183 § 7, part; Rem. Supp. 1949 § 7614-26, part.]
• RCW 49.60.380 License waiver for dog guide and service animals.
  A county, city, or town shall honor a request by a blind person or hearing impaired person not to be charged a fee to license his or her dog guide, or a request by a physically disabled person not to be charged a fee to license his or her service animal.[1997 c 271 § 24; 1989 c 41 § 1. Formerly RCW 70.84.120.]
• RCW 49.60.222 Unfair practices with respect to real estate transactions, facilities, or services.
  (1) It is an unfair practice for any person, whether acting for himself, herself, or another, because of sex, marital status, sexual orientation, race, creed, color, national origin, families with children status, honorably discharged veteran or military status, the presence of any sensory, mental, or physical disability, or the use of a trained dog guide or service animal by a person with a disability:(a) To refuse to engage in a real estate transaction with a person;(b) To discriminate against a person in the terms, conditions, or privileges of a real estate transaction or in the furnishing of facilities or services in connection therewith;(c) To refuse to receive or to fail to transmit a bona fide offer to engage in a real estate transaction from a person;(d) To refuse to negotiate for a real estate transaction with a person;(e) To represent to a person that real property is not available for inspection, sale, rental, or lease when in fact it is so available, or to fail to bring a property listing to his or her attention, or to refuse to permit the person to inspect real property; (f) To discriminate in the sale or rental, or to otherwise make unavailable or deny a dwelling, to any person; or to a person residing in or intending to reside in that dwelling after it is sold, rented, or made available; or to any person associated with the person buying or renting; (g) To make, print, circulate, post, or mail, or cause to be so made or published a statement, advertisement, or sign, or to use a form of application for a real estate transaction, or to make a record or inquiry in connection with a prospective real estate transaction, which indicates, directly or indirectly, an intent to make a limitation, specification, or discrimination with respect thereto; (h) To offer, solicit, accept, use, or retain a listing of real property with the understanding that a person may be discriminated against in a real estate transaction or in the furnishing of facilities or services in connection therewith; (i) To expel a person from occupancy of real property; (j) To discriminate in the course of negotiating, executing, or financing a real estate transaction whether by mortgage, deed of trust, contract, or other instrument imposing a lien or other security in real property, or in negotiating or executing any item or service related thereto including issuance of title insurance, mortgage insurance, loan guarantee, or other aspect of the transaction. Nothing in this section shall limit the effect of RCW 49.60.176 relating to unfair practices in credit transactions; or (k) To attempt to do any of the unfair practices defined in this section. (2) For the purposes of this chapter discrimination based on the presence of any sensory, mental, or physical disability or the use of a trained dog guide or service animal by a person who is blind, deaf, or physically disabled includes: (a) A refusal to permit, at the expense of the person with a disability, reasonable modifications of existing premises occupied or to be occupied by such person if such modifications may be necessary to afford such person full enjoyment of the dwelling, except that, in the case of a rental, the landlord may, where it is reasonable to do so, condition permission for a modification on the renter agreeing to restore the interior of the dwelling to the condition that existed before the modification, reasonable wear and tear excepted; (b) To refuse to make reasonable accommodation in rules, policies, practices, or services when such accommodations may be necessary to afford a person with the presence of any sensory, mental, or physical disability and/or the use of a trained dog guide or service animal by a person who is blind, deaf, or physically disabled equal opportunity to use and enjoy a dwelling; or (c) To fail to design and construct covered multifamily dwellings and premises in conformance with the federal fair housing amendments act of 1988 (42 U.S.C. Sec. 3601 et seq.) and all other applicable laws or regulations pertaining to access by persons with any sensory, mental, or physical disability or use of a trained dog guide or service animal. Whenever the requirements of applicable laws or regulations differ, the requirements which require greater accessibility for persons with any sensory, mental, or physical disability shall govern. Nothing in (a) or (b) of this subsection shall apply to: (i) A single-family house rented or leased by the owner if the owner does not own or have an interest in the proceeds of the rental or lease of more than three such single-family houses at one time, the rental or lease occurred without the use of a real estate broker or salesperson, as defined in RCW 18.85.010, and the rental or lease occurred without the publication, posting, or mailing of any advertisement, sign, or statement in violation of subsection (1)(g) of this section; or (ii) rooms or units in dwellings containing living quarters occupied or intended to be occupied by no more than four families living independently of each other if the owner maintains and occupies one of the rooms or units as his or her residence. (3) Notwithstanding any other provision of this chapter, it shall not be an unfair practice or a denial of civil rights for any public or private educational institution to separate the sexes or give preference to or limit use of dormitories, residence halls, or other student housing to persons of one sex or to make distinctions on the basis of marital or families with children status. (4) Except pursuant to subsection (2)(a) of this section, this section shall not be construed to require structural changes, modifications, or additions to make facilities accessible to a person with a disability except as otherwise required by law. Nothing in this section affects the rights, responsibilities, and remedies of landlords and tenants pursuant to chapter 59.18 or 59.20 RCW, including the right to post and enforce reasonable rules of conduct and safety for all tenants and their guests, provided that chapters 59.18 and 59.20 RCW are only affected to the extent they are inconsistent with the nondiscrimination requirements of this chapter. Nothing in this section limits the applicability of any reasonable federal, state, or local restrictions regarding the maximum number of occupants permitted to occupy a dwelling. (5) Notwithstanding any other provision of this chapter, it shall not be an unfair practice for any public establishment providing for accommodations offered for the full enjoyment of transient guests as defined by RCW 9.91.010(1)(c) to make distinctions on the basis of families with children status. Nothing in this section shall limit the effect of RCW 49.60.215 relating to unfair practices in places of public accommodation. (6) Nothing in this chapter prohibiting discrimination based on families with children status applies to housing for older persons as defined by the federal fair housing amendments act of 1988, 42 U.S.C. Sec. 3607(b)(1) through (3), as amended by the housing for older persons act of 1995, P.L. 104-76, as enacted on December 28, 1995. Nothing in this chapter authorizes requirements for housing for older persons different than the requirements in the federal fair housing amendments act of 1988, 42 U.S.C. Sec. 3607(b)(1) through (3), as amended by the housing for older persons act of 1995, P.L. 104-76, as enacted on December 28, 1995. (7) Nothing in this chapter shall apply to real estate transactions involving the sharing of a dwelling unit, or rental or sublease of a portion of a dwelling unit, when the dwelling unit is to be occupied by the owner or subleasor. For purposes of this section, “dwelling unit” has the same meaning as in RCW 59.18.030. [2007 c 187 § 13; 2006 c 4 § 14. Prior: 1997 c 400 § 3; 1997 c 271 § 14; 1995 c 259 § 3; prior: 1993 c 510 § 17;
• RCW 49.60.223 Unfair practice to induce sale or rental of real property by representations regarding entry into neighborhood of persons of particular race, disability, etc.
  It is an unfair practice for any person, for profit, to induce or attempt to induce any person to sell or rent any real property by representations regarding the entry or prospective entry into the neighborhood of a person or persons of a particular race, creed, color, sex, national origin, sexual orientation, families with children status, honorably discharged veteran or military status, or with any sensory, mental, or physical disability and/or the use of a trained dog guide or service animal by a person who is blind, deaf, or physically disabled.[2007 c 187 § 14; 2006 c 4 § 15; 1997 c 271 § 15. Prior: 1993 c 510 § 18; 1993 c 69 § 6; 1979 c 127 § 9; 1969 ex.s. c 167 § 5.]
• RCW 49.60.2235 Unfair practice to coerce, intimidate, threaten, or interfere regarding secured real estate transaction rights.
  It is an unlawful practice to coerce, intimidate, threaten, or interfere with any person in the exercise or enjoyment of, or on account of his or her having exercised or enjoyed, or on account of his or her having aided or encouraged any other person in the exercise or enjoyment of, rights regarding real estate transactions secured by RCW 49.60.030, 49.60.040, and 49.60.222 through 49.60.224.[1993 c 69 § 7.]
• RCW 49.60.224 Real property contract provisions restricting conveyance, encumbrance, occupancy, or use to persons of particular race, disability, etc., void — Unfair practice.
  (1) Every provision in a written instrument relating to real property which purports to forbid or restrict the conveyance, encumbrance, occupancy, or lease thereof to individuals of a specified race, creed, color, sex, national origin, sexual orientation, families with children status, honorably discharged veteran or military status, or with any sensory, mental, or physical disability or the use of a trained dog guide or service animal by a person who is blind, deaf, or physically disabled, and every condition, restriction, or prohibition, including a right of entry or possibility of reverter, which directly or indirectly limits the use or occupancy of real property on the basis of race, creed, color, sex, national origin, sexual orientation, families with children status, honorably discharged veteran or military status, or the presence of any sensory, mental, or physical disability or the use of a trained dog guide or service animal by a person who is blind, deaf, or physically disabled is void.(2) It is an unfair practice to insert in a written instrument relating to real property a provision that is void under this section or to honor or attempt to honor such a provision in the chain of title.[2007 c 187 § 15; 2006 c 4 § 16; 1997 c 271 § 16; 1993 c 69 § 8; 1979 c 127 § 10; 1969 ex.s. c 167 § 6.]
• RCW 49.60.225 Relief for unfair practice in real estate transaction — Damages — Penalty.
  (1) When a reasonable cause determination has been made under RCW 49.60.240 that an unfair practice in a real estate transaction has been committed and a finding has been made that the respondent has engaged in any unfair practice under RCW 49.60.250, the administrative law judge shall promptly issue an order for such relief suffered by the aggrieved person as may be appropriate, which may include actual damages as provided by the federal fair housing amendments act of 1988 (42 U.S.C. Sec. 3601 et seq.), and injunctive or other equitable relief. Such order may, to further the public interest, assess a civil penalty against the respondent:(a) In an amount up to ten thousand dollars if the respondent has not been determined to have committed any prior unfair practice in a real estate transaction;(b) In an amount up to twenty-five thousand dollars if the respondent has been determined to have committed one other unfair practice in a real estate transaction during the five-year period ending on the date of the filing of this charge; or(c) In an amount up to fifty thousand dollars if the respondent has been determined to have committed two or more unfair practices in a real estate transaction during the seven-year period ending on the date of the filing of this charge, for loss of the right secured by RCW 49.60.010, 49.60.030, 49.60.040, and 49.60.222 through 49.60.224, as now or hereafter amended, to be free from discrimination in real property transactions because of sex, marital status, race, creed, color, national origin, sexual orientation, families with children status, honorably discharged veteran or military status, or the presence of any sensory, mental, or physical disability or the use of a trained dog guide or service animal by a person who is blind, deaf, or physically disabled. Enforcement of the order and appeal therefrom by the complainant or respondent may be made as provided in RCW 49.60.260 and 49.60.270. If acts constituting the unfair practice in a real estate transaction that is the object of the charge are determined to have been committed by the same natural person who has been previously determined to have committed acts constituting an unfair practice in a real estate transaction, then the civil penalty of up to fifty thousand dollars may be imposed without regard to the period of time within which any subsequent unfair practice in a real estate transaction occurred. All civil penalties assessed under this section shall be paid into the state treasury and credited to the general fund.(2) Such order shall not affect any contract, sale, conveyance, encumbrance, or lease consummated before the issuance of an order that involves a bona fide purchaser, encumbrancer, or tenant who does not have actual notice of the charge filed under this chapter.(3) Notwithstanding any other provision of this chapter, persons awarded damages under this section may not receive additional damages pursuant to RCW 49.60.250. [2007 c 187 § 16; 2006 c 4 § 17; 1997 c 271 § 17; 1995 c 259 § 4. Prior: 1993 c 510 § 20; 1993 c 69 § 9; 1985 c 185 § 19; 1979 c 127 § 11; 1973 c 141 § 14; 1969 ex.s. c 167 § 7.]
• RCW 64.38.028 Removal of discriminatory provisions in governing documents — Procedure.
  (1) The association, acting through a simple majority vote of its board, may amend the association’s governing documents for the purpose of removing:(a) Every covenant, condition, or restriction that purports to forbid or restrict the conveyance, encumbrance, occupancy, or lease thereof to individuals of a specified race, creed, color, sex, or national origin; families with children status; individuals with any sensory, mental, or physical disability; or individuals who use a trained dog guide or service animal because they are blind or deaf or have a physical disability; and(b) Every covenant, condition, restriction, or prohibition, including a right of entry or possibility of reverter, that directly or indirectly limits the use or occupancy of real property on the basis of race, creed, color, sex, national origin; families with children status; the presence of any sensory, mental, or physical disability; or the use of a trained dog guide or service animal by a person with a physical disability or who is blind or deaf.(2) Upon the board’s receipt of a written request by a member of the association that the board exercise its amending authority granted under subsection (1) of this section, the board must, within a reasonable time, amend the governing documents, as provided under this section.(3) Amendments under subsection (1) of this section may be executed by any board officer.(4) Amendments made under subsection (1) of this section must be recorded in the public records and state the following: “This amendment strikes from these covenants, conditions, and restrictions those provisions that are void under RCW 49.60.224. Specifically, this amendment strikes: (a) Those provisions that forbid or restrict use, occupancy, conveyance, encumbrance, or lease of real property to individuals of a specified race, creed, color, sex, or national origin; families with children status; individuals with any sensory, mental, or physical disability; or individuals who use a trained dog guide or service animal because they are blind or deaf or have a physical disability; and (b) Every covenant, condition, restriction, or prohibition, including a right of entry or possibility of reverter, that directly or indirectly limits the use or occupancy of real property on the basis of race, creed, color, sex, national origin; families with children status; the presence of any sensory, mental, or physical disability; or the use of a trained dog guide or service animal by a person with a physical disability or who is blind or deaf.” (5) Board action under this section does not require the vote or approval of the owners. (6) As provided in RCW 49.60.227, any owner, occupant, or tenant in the association or board may bring an action in superior court to have any provision of a written instrument that is void pursuant to RCW 49.60.224 stricken from the public records. (7) Nothing in this section prohibiting discrimination based on families with children status applies to housing for older persons as defined by the federal fair housing amendments act of 1988, 42 U.S.C. Sec. 3607(b)(1) through (3), as amended by the housing for older persons act of 1995, P.L. 104-76, as enacted on December 28, 1995. Nothing in this section authorizes requirements for housing for older persons different than the requirements in the federal fair housing amendments act of 1988, 42 U.S.C. Sec. 3607(b)(1) through (3), as amended by the housing for older persons act of 1995, P.L. 104-76, as enacted on December 28, 1995. (8) Except as otherwise provided in subsection (2) of this section, (a) nothing in this section creates a duty on the part of owners, occupants, tenants, associations, or boards to amend the governing documents as provided in this section, or to bring an action as authorized under this section and RCW 49.60.227; and (b) an owner, occupant, tenant, association, or board is not liable for failing to amend the governing documents or to pursue an action in court as authorized under this section and RCW 49.60.227. [2006 c 58 § 2.]
• RCW 70.84.010 Declaration — Policy.
  The legislature declares:(1) It is the policy of this state to encourage and enable the blind, the visually handicapped, the hearing impaired, and the otherwise physically disabled to participate fully in the social and economic life of the state, and to engage in remunerative employment.(2) As citizens, the blind, the visually handicapped, the hearing impaired, and the otherwise physically disabled have the same rights as the able-bodied to the full and free use of the streets, highways, walkways, public buildings, public facilities, and other public places.(3) The blind, the visually handicapped, the hearing impaired, and the otherwise physically disabled are entitled to full and equal accommodations, advantages, facilities, and privileges on common carriers, airplanes, motor vehicles, railroad trains, motor buses, streetcars, boats, and all other public conveyances, as well as in hotels, lodging places, places of public resort, accommodation, assemblage or amusement, and all other places to which the general public is invited, subject only to the conditions and limitations established by law and applicable alike to all persons.[1980 c 109 § 1; 1969 c 141 § 1.]
• RCW 70.84.020 “Dog guide” defined.
  For the purpose of this chapter, the term “dog guide” means a dog that is trained for the purpose of guiding blind persons or a dog trained for the purpose of assisting hearing impaired persons.[1997 c 271 § 18; 1980 c 109 § 2; 1969 c 141 § 2.]
• RCW 70.84.021 “Service animal” defined.
  For the purpose of this chapter, “service animal” means an animal that is trained for the purposes of assisting or accommodating a disabled person’s sensory, mental, or physical disability.[1997 c 271 § 19; 1985 c 90 § 1.]
• RCW 70.84.040 Precautions for drivers of motor vehicles approaching pedestrian who is using a white cane, dog guide, or service animal.
  The driver of a vehicle approaching a totally or partially blind pedestrian who is carrying a cane predominantly white in color (with or without a red tip), a totally or partially blind or hearing impaired pedestrian using a dog guide, or an otherwise physically disabled person using a service animal shall take all necessary precautions to avoid injury to such pedestrian. Any driver who fails to take such precaution shall be liable in damages for any injury caused such pedestrian. It shall be unlawful for the operator of any vehicle to drive into or upon any crosswalk while there is on such crosswalk, such pedestrian, crossing or attempting to cross the roadway, if such pedestrian is using a white cane, using a dog guide, or using a service animal. The failure of any such pedestrian so to signal shall not deprive him of the right-of-way accorded him by other laws.[1997 c 271 § 20; 1985 c 90 § 3; 1980 c 109 § 4; 1971 ex.s. c 77 § 1; 1969 c 141 § 4.]
• RCW 70.84.050 Handicapped pedestrians not carrying white cane or using dog guide — Rights and privileges.
  A totally or partially blind pedestrian not carrying a white cane or a totally or partially blind or hearing impaired pedestrian not using a dog guide in any of the places, accommodations, or conveyances listed in RCW 70.84.010, shall have all of the rights and privileges conferred by law on other persons.[1997 c 271 § 21; 1980 c 109 § 5; 1969 c 141 § 5.]
• RCW 70.84.060 Unauthorized use of white cane, dog guide, or service animal.
  It shall be unlawful for any pedestrian who is not totally or partially blind to use a white cane or any pedestrian who is not totally or partially blind or is not hearing impaired to use a dog guide or any pedestrian who is not otherwise physically disabled to use a service animal in any of the places, accommodations, or conveyances listed in RCW 70.84.010 for the purpose of securing the rights and privileges accorded by the chapter to totally or partially blind, hearing impaired, or otherwise physically disabled people.[1997 c 271 § 22; 1985 c 90 § 4; 1980 c 109 § 6; 1969 c 141 § 6.]
• RCW 70.84.070 Penalty for violations.
  Any person or persons, firm or corporation, or the agent of any person or persons, firm or corporation, who denies or interferes with admittance to or enjoyment of the public facilities enumerated in RCW 70.84.010, or otherwise interferes with the rights of a totally or partially blind, hearing impaired, or otherwise physically disabled person as set forth in RCW 70.84.010 shall be guilty of a misdemeanor.[1985 c 90 § 5; 1980 c 109 § 7; 1969 c 141 § 7.]
• RCW 70.84.080 Employment of blind or other handicapped persons in public service
  In accordance with the policy set forth in RCW 70.84.010, the blind, the visually handicapped, the hearing impaired, and the otherwise physically disabled shall be employed in the state service, in the service of the political subdivisions of the state, in the public schools, and in all other employment supported in whole or in part by public funds on the same terms and conditions as the able-bodied, unless it is shown that the particular disability prevents the performance of the work involved.[1980 c 109 § 8; 1969 c 141 § 9.]

9. Additional Resources

State Attorney General
1125 Washington St SE PO Box 40100
Olympia, WA 98504-0100
Phone: (360) 753-6200
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