[WSBARP] Questions to the tenant

Douglas Scott doug at rainieradvocates.com
Thu Dec 14 11:58:39 PST 2023


CRIMINAL CONVICTION QUESTIONS

Thanks Rani, but we seem to have a difference of opinion on whether or not
a prospective tenant can be asked about this.  I did receive a response
referencing me to the 2016 HUD General Counsel  Guidance for the use of
criminal records by providers of housing in which such a question to a
tenant has a "discriminatory effect" and is improper.

*DOUGLAS W. SCOTT*
Rainier Legal Advocates|LLC

465 Rainier Blvd. N., Suite C
Issaquah, Washington 98027
425.392.8550 (tel)
425.392.2829 (fax)



www.rainieradvocates.com


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On Wed, Dec 13, 2023 at 1:54 PM Rani Sampson <rani at overcastlaw.com> wrote:

> It’s OK to ask prospective tenants about their criminal records.  A
> landlord can’t require that tenants have no criminal past.  Landlords must
> evaluate the type of crime and how recent it was before taking any adverse
> action.
>
>
>
> Suggest the landlord view the resources on this site:
> https://www.washingtonlawhelp.org/resource/new-state-law-what-a-landlord-needs-to-tell-y
>
>
>
> *                 Rani** K. Sampson*
>
>                  23 S Wenatchee Ave #320
>
>                  Wenatchee WA 98801
>
>                  (509) 663-5588 x 108
>
>                  (509) 293-4370 Direct
>
>
>
> *From:* wsbarp-bounces at lists.wsbarppt.com <
> wsbarp-bounces at lists.wsbarppt.com> *On Behalf Of *jgrant at accima.com
> *Sent:* Tuesday, December 12, 2023 12:10 PM
> *To:* 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com>
> *Subject:* Re: [WSBARP] Questions to the tenant
>
>
>
> #2 is not.  Statute prohibits it.  Not sure about #1.
>
>
>
> *From:* wsbarp-bounces at lists.wsbarppt.com <
> wsbarp-bounces at lists.wsbarppt.com> *On Behalf Of *Douglas Scott
> *Sent:* Tuesday, December 12, 2023 11:31 AM
> *To:* WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
> *Subject:* [WSBARP] Questions to the tenant
>
>
>
> Landlord has rental houses in Kent and Bonney Lake. Landlord wants to ask
> prospective tenants:
>
>    1. Have you ever been evicted or been given notice to move?
>    2. have you ever been convicted of a misdemeanor or felony?
>
> Are these questions legal to ask?
>
>
>
> *DOUGLAS W. SCOTT*
>
> Rainier Legal Advocates|LLC
>
>
>
> 465 Rainier Blvd. N., Suite C
>
> Issaquah, Washington 98027
>
> 425.392.8550 (tel)
>
> 425.392.2829 (fax)
>
>
>
>
>
>
>
> www.rainieradvocates.com
>
>
>
>
>
> Notice: This communication, including attachments, may contain
> information that is confidential and protected by the attorney/client or
> other privileges. It constitutes non-public information intended to be
> conveyed only to the designated recipient(s). If the reader or recipient of
> this communication is not the intended recipient, an employee or agent of
> the intended recipient who is responsible for delivering it to the intended
> recipient, or you believe that you have received this communication in
> error, please notify the sender immediately by return e-mail and promptly
> delete this e-mail, including attachments without reading or saving them in
> any manner. The unauthorized use, dissemination, distribution, or
> reproduction of this e-mail, including attachments, is prohibited and may
> be unlawful. Receipt by anyone other than the intended recipient(s) is not
> a waiver of any attorney/client or other privilege
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