Wash. Rev. Code § 49.60 § 49.60.340
Election for civil action in lieu of hearing -- Relief.
Operative Text
(1) Any complainant on whose behalf the reasonable cause finding was made, a respondent, or an aggrieved person may, with respect to real estate transactions pursuant to RCW 49.60.222 through 49.60.225 , elect to have the claims on which reasonable cause was found decided in a civil action under RCW 49.60.030 (2) in lieu of a hearing under RCW 49.60.250 . This election must be made not later than twenty days after the service of the reasonable cause finding. The person making such election shall give notice of doing so to the commission and to all other complainants and respondents to whom the charge relates. Any reasonable cause finding issued by the commission pursuant to the procedures contained in this chapter shall become final twenty days after service of the reasonable cause finding unless a written notice of election is received by the commission within the twenty-day period. (2) If an election is made under subsection (1) of this section, the commission shall authorize not later than thirty days after the election is made, and the attorney general shall commence, a civil action on behalf of the aggrieved person in a superior court of the state of Washington seeking relief under this section. (3) Any aggrieved person with respect to the issues to be determined in a civil action under this section may intervene as of right in that civil action. (4) In a civil action under this section, if the court finds that an unfair practice in a real estate transaction has occurred or is about to occur, the court may grant any relief that a court could grant with respect to such an unfair practice in a real estate transaction in a civil action under RCW 49.60.030 (2). If monetary relief is sought for the benefit of an aggrieved person who does not intervene in the civil action, the court shall not award such relief if that aggrieved person has not complied with discovery orders entered by the court. (5) In any administrative proceeding under this section where the respondent is the prevailing party, a complainant who intervenes by filing a notice of independent appearance may be liable for reasonable attorneys' fees and costs only to the extent that the intervening participation in the administrative proceeding was frivolous or vexatious, or was for the purpose of harassment. (6) In any administrative proceeding brought under RCW 49.60.225 or any court proceeding arising therefrom, or any civil action under this section, the administrative law judge or the court in its discretion may allow the prevailing party, other than the commission, reasonable attorneys' fees and costs.
Washington's Wash. Rev. Code § 49.60.340 establishes an alternative path for resolving fair housing complaints in real estate transactions: instead of proceeding through an administrative hearing, any complainant, respondent, or aggrieved person may elect to have the dispute decided in a civil court action. This election must be made within twenty days of receiving the reasonable cause finding, and if no election is made in that window, the finding becomes final. Once a civil action is elected, the state Attorney General files suit in superior court on behalf of the aggrieved person, and courts may award the full range of relief available under Washington's anti-discrimination law, including monetary relief, though that relief may be withheld from parties who fail to comply with discovery orders.
Plain English — not legal advice.
Under § 49.60.340, a respondent in a fair housing matter involving a real estate transaction has the right to elect a civil court proceeding instead of an administrative hearing, but that election must be made in writing to the Washington Human Rights Commission within twenty days of receiving the reasonable cause finding. Operators who receive such a finding generally track the twenty-day deadline carefully and ensure all required notices are sent to the commission and other parties. Because the prevailing party in proceedings under this section may be awarded reasonable attorneys' fees and costs, property owners and managers typically document their compliance practices and participation in any proceedings thoroughly.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section § 49.60.340 gives aggrieved persons in Washington real estate transaction disputes the right to choose a civil court action over an administrative hearing after a reasonable cause finding is issued, and also grants the right to intervene in any civil action the Attorney General brings on their behalf. Tenants and housing applicants who receive a reasonable cause finding in their favor should be aware that the twenty-day election window is firm, and that failure to comply with court discovery orders can affect monetary relief. Those seeking to understand their options under this provision may benefit from consulting a tenant-rights organization or reviewing resources provided by the Washington Human Rights Commission.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 7, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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