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| WA State FAIR HOUSING UPDATE: July 2004 |
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By Roxanne Vierra, King County Office of Civil Rights The Blackberry Ridge complex has several applicants competing for the same apartment. Can the manager choose the applicant she believes will be the best, based on her experience? Some individuals who "look" okay turn out to be bad tenants; however, a housing provider working on assumptions and experience alone won't know that until after entering into a lease agreement. You will have more consistent results and fewer discrimination complaints if you establish a fair screening process for all prospective tenants and apply it equally to all. It's best to screen applicants on a first-come, first-served basis, then stop screening when you reach a qualified applicant who meets the screening criteria, and offer the unit to that applicant. It's a good idea to date and time-stamp the applications so you know the exact order in which you received them. Pre-printed documents will help to ensure that you are gathering the same information from every applicant, and that you aren't asking for any inappropriate information. The posted pool rules for the Rainbow Apartments give separate swim hours for children and for adults. Is this in compliance with fair housing laws? Pool rules should be reasonable for the use and enjoyment of all tenants. Under fair housing laws, "adult swim" hours are not permitted. In accordance with Washington State Law (WAC 246-260-100), when no lifeguard or attendant is present at a pool, children 12 years or younger must have a responsible adult (18 or older) present. It is permissible to require that children between the ages of 13-17 have at least one other person present who is 13 or older (this is the buddy system, with a second person to provide rescue or call for help). Housing providers who decide to post an area as requiring adult supervision should be careful not to establish unnecessary restrictions (for example, rules excluding everyone under 18 years old would likely be too strict). If you establish your pool use age limits using the state law, your rules will be in compliance with fair housing laws. Some areas might be dangerous for very young children, such as saunas or hot tubs. Be aware of applicable building and safety codes, and consult with the appropriate local, state or federal agency for guidance. Washington State Law (WAC 388-148-0170) requires "age and developmentally appropriate supervision of any child that uses hot tubs, swimming pools, spas, and other man-made and natural bodies of water." Under this law, you can establish lower age limits for use of saunas or hot tubs. KCOCR Fair Housing Home Page Your comments about this web site Updated: July 19, 2004 King County | DES | OCR | News | Services | Comments | Search Links to external sites do not constitute
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