Wash. Admin. Code § 162-38 § 162-38-110

Inquiries to disabled applicants.

In Force
Verified 10/26/2026 · Next check 11/25/2026
effective 10/7/2026WashingtonReasonable Accommodations/Modifications

Operative Text

Wash. Admin. Code § 162-38 § 162-38-110
Unfair practice. It is an unfair practice under RCW 49.60.222 (1)(g) for a landlord to inquire into matters personal to a disabled applicant beyond what is necessary and appropriate to the landlord-tenant relationship. For example, the landlord may inquire as to how many persons will occupy the unit, but ordinarily will have no other reason to know whether an aide assists a person with a disability, and when.
Source: Legislative text reproduced verbatim
Plain English

Under Wash. Admin. Code § 162-38-110, landlords are prohibited from asking disabled rental applicants personal questions that go beyond what is genuinely relevant to the landlord-tenant relationship. The rule draws a clear line: questions about how many people will live in a unit are generally acceptable, but questions about whether a person uses a disability aide—or the details of that assistance—typically are not. This provision is part of Washington's broader fair housing framework established under RCW 49.60.222(1)(g).

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

Plain English — not legal advice.

For Property Managers

Wash. Admin. Code § 162-38-110 means that compliant property owners and managers limit their application inquiries to information that is directly relevant to the tenancy itself, such as the number of occupants. Operators generally avoid asking applicants about the nature of their disability, whether they receive personal care assistance, or the schedule of any aide. Maintaining application forms and screening procedures that are reviewed against this standard helps ensure that inquiries do not cross into territory the rule identifies as an unfair practice.

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 § 162-38-110 gives disabled rental applicants the right to be free from intrusive personal questions during the application process—questions about disability aides, care schedules, or similar personal matters are generally outside what a landlord is permitted to ask. If a landlord's inquiries feel overly personal or disability-focused, that conduct may constitute an unfair practice under RCW 49.60.222(1)(g), and applicants can explore options such as filing a complaint with the Washington State Human Rights Commission or reaching out to a local tenant-rights organization for general information. Keeping notes or records of the questions asked during the application process can be useful when describing an incident to a housing agency or advocacy group.

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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References Out

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References In

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Related Rules

§ 966.7
§ 966.7 Accommodation of persons with disabilities.
§ 982.316
§ 982.316 Live-in aide.
§ 2.6
Titles II and III of the Americans with Disabilities Act of 1990

Source Information

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