Wash. Admin. Code § 162-38 § 162-38-035

Concurrent remedy in court.

In Force
Verified 10/26/2026 · Next check 11/25/2026
effective 10/7/2026WashingtonFair Housing & Anti-Discrimination

Operative Text

Wash. Admin. Code § 162-38 § 162-38-035
Courts have jurisdiction under RCW 49.60.030 (2) to remedy violations of RCW 49.60.222 , 49.60.223 , 49.60.2235 and 49.60.224 as interpreted and implemented by this chapter, concurrently with the commission. When the commission learns that an action on the same facts has been filed in court, the commission will administratively close the case before it in compliance with RCW 49.60.226 and WAC 162-08-062 .
Source: Legislative text reproduced verbatim
Plain English

Under Wash. Admin. Code § 162-38-035, both courts and the Washington State Human Rights Commission have the authority to address violations of the state's fair housing statutes (RCW 49.60.222–.224). These two forums operate concurrently, meaning a complainant may pursue a court action rather than—or instead of—an administrative proceeding. However, if the Commission discovers that a court case covering the same facts has been filed, it is required to administratively close its own case in accordance with state law.

Written by anthropic/claude-sonnet-4.6 · Reviewed on October 14, 2026

Plain English — not legal advice.

For Property Managers

Wash. Admin. Code § 162-38-035 means that a property owner or manager facing a fair housing complaint may find that the matter is pursued in court rather than solely before the Washington State Human Rights Commission. Compliant operators generally maintain thorough records of their rental policies and practices so they can respond consistently regardless of which forum is involved. Because the same conduct can be examined in either venue, operators typically ensure their policies align with RCW 49.60.222–.224 across all stages of the rental process.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Wash. Admin. Code § 162-38-035 establishes that tenants who believe they have experienced housing discrimination under RCW 49.60.222–.224 are not limited to filing a complaint with the Washington State Human Rights Commission—they may also have the option to pursue a remedy through the courts. If a court action is filed on the same facts, the Commission is required to close its administrative case, so understanding which forum to use is an important consideration. Tenants exploring their options may find it helpful to consult a tenant-rights organization or legal aid provider familiar with Washington fair housing law.

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 14, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.

Effective Timeline

Current
Oct 7, 2026
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Policies; recommendations

Source Information

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