Washington Rental Application

What information should landlords collect?

A Washington rental application gives landlords their first opportunity to screen potential tenants. Landlords can gather key information to determine whether an interested party will receive a more extensive application.

Landlords typically collect the following information in a rental application:

• Applicant and co-applicant names
• Contact information
• Employment and income history
• Rental History
• Smoking status
• References
• Current, previous, and past residences
• Vehicle information
• Pets

Looking for an easy online rental application form? Use our free rental application template to get started today.

Pre-Screener

Landlords use a pre-screener after a renter expresses interest in a listing. This step helps verify whether the prospective tenant is suitable before moving forward with the application process.

Pre-screeners typically ask about:

• Contact information
• Employment status
• Income
• Self-reported credit score
• Desired move-in date
• Number of people the applicant will live with
• Pets
• Smoking

Note: Pre-screeners may help speed up tenant selection, but a full rental application is still necessary to choose tenants.

Federal Application Laws

There are many federal laws and regulations regarding Washington rental applications. We’ll cover them in detail below.

Fair Housing Act (FHA)

The Fair Housing Act prohibits discrimination in rental applications based on race, color, religion, national origin, sex, familial status, and disability.

These protections apply to everyone involved in the rental process: landlords, property managers, agents, and employees. Landlords may not deny a tenant for discriminatory reasons or include questions about protected characteristics in the rental application.

For example, a landlord cannot ask about a prospective tenant’s religion or ethnic background. As such, landlords must select tenants based on objective criteria, not personal attributes.

Equal Credit Opportunity Act (ECOA)

The Equal Credit Opportunity Act prevents credit agencies from discriminating based on race, religion, gender, or other protected characteristics, including when an applicant receives public assistance.

This law also sets clear rules for how landlords can review credit and rental applications, ensuring they assess applicants fairly and without bias.

Americans with Disabilities Act (ADA)

The Americans with Disabilities Act prohibits landlords from discriminating against or denying housing to applicants with disabilities.

The law also requires landlords to make reasonable accommodations when needed, which could include allowing a service animal or permitting accessibility modifications to the property (as long as the tenant covers the cost).

Fair Credit Reporting Act (FCRA)

The Fair Credit Reporting Act sets strict guidelines for how landlords can use credit reports in rental applications.

Landlords must get a prospective tenant’s permission before running a credit check. If they deny the application or require a higher deposit based on the report, they must inform the applicant of their decision and the reason behind it.

Federal law does not allow landlords to run a credit check without consent, and landlords must disclose any adverse action taken due to that report to the applicant.

Civil Rights Act of 1866

The Civil Rights Act of 1866 prohibits discrimination based on race in all aspects of the rental process. Landlords must treat all applicants equally, regardless of race, when advertising, screening, and leasing rental properties.

Washington Application Laws

The Washington State Law Against Discrimination builds on the Fair Housing Act (FHA) by protecting individuals from discrimination when renting a property. It also regulates the questions landlords can ask potential tenants and how they may use that information (RCW 49.60.010).

Below are some key points that the Washington State Law Against Discrimination covers:

Source of income: Washington limits a landlord’s ability to deny rental applications based on the applicant’s source of income, including public assistance, housing programs, veteran benefits, Social Security, and other legal sources of income (RCW 59.18.255).

Criminal history: Criminal history can play a role in a landlord’s tenant selection process, particularly when there’s been a conviction (RCW 59.18.257). Washington State law does not set a specific time limit on how far back a conviction can factor into a rental decision.

Seattle is an exception, limiting landlords to considering only criminal convictions from the past seven years. Landlords generally cannot base rental decisions on criminal history, except in cases involving registered sex offenses (Fair Chance Housing Ordinance, SMC 14.09) (Fair Chance Housing Ordinance, SMC 14.09).

Eviction history: Washington law prevents landlords from using sealed eviction records or eviction history older than seven years when making a rental decision (RCW 59.18.367).

Seattle goes further by prohibiting landlords from considering eviction history from the COVID-19 period when making an adverse decision, as outlined in the Seattle Just Cause Eviction Ordinance (SMC 22.205).

Sexual orientation & gender identity: It is illegal to discriminate against someone in Washington State based on sexual orientation or gender identity (RCW 49.60.222).

Pets, ESAs, and Service Animals

Washington landlords should include a section for pets within their application if their rental property allows them.

Even if the property isn’t pet-friendly, landlords cannot discriminate against applicants with a service or emotional support animal (RCW 49.60.222). Regardless of the animal’s status, tenants are still responsible for any damage it causes.

Pet information: Landlords should include a question in the online rental application asking whether the tenant has a pet, service animal, or emotional support animal. Doing so helps clarify the type of animal and ensures the landlord handles the application in compliance with Washington law.

Fair Housing Act: Landlords may not discriminate against a rental applicant for having a service animal. They also cannot charge pet fees, deposits, or pet rent for service animals or ESAs. They also cannot deny housing based on the service animal’s or ESA’s size, weight, or breed (RCW 49.60.222).

Denial Process

If a landlord denies a rental application, they must follow all relevant laws and apply the same steps and review process to every applicant for the property.

Landlords may deny a prospective tenant for reasons such as employment or income verification issues, poor credit history, an unfavorable rental background, or information found in a criminal or civil record, when legally permitted (RCW 59.18.257).

Denial notice: Washington requires a landlord to notify a prospective tenant after denying an application or taking other adverse actions, unless the denial is due to the applicant not completing the application (RCW 59.18.257).

Credit/background denials: If a credit or background check leads to a denial, the FCRA requires the landlord to send an adverse action notice to the applicant that includes:

• The consumer reporting agency’s name and contact information (RCW 59.18.257).
• The right for the tenant to get a copy of the consumer report at no charge if a denial occurs and to dispute the information that led to the denial (RCW 59.18.257).

Document storage: It’s recommended, but not mandatory, that landlords store denied applications and screening reports for at least three years to help defend against potential discrimination claims (RCW 59.18.257).