Wash. Admin. Code § 162-38 § 162-38-120
Unfair to request or require waiver of rights.
Operative Text
It is an unfair practice for any person as a condition of entering into or continuing a real estate transaction to request or require another person to waive rights or hold anyone harmless because the real property will be occupied by a disabled person or by a person with a disability using a trained dog guide or service animal.
Under Washington Administrative Code § 162-38-120, it is considered an unfair practice for anyone involved in a real estate transaction to make another party waive their legal rights—or agree to hold anyone harmless—simply because the property will be occupied by a person with a disability or by someone who uses a trained dog guide or service animal. This rule applies both at the start of a transaction and as an ongoing condition of continuing one. The provision is designed to prevent disability-related waivers from being used as a gatekeeping tool in housing.
Plain English — not legal advice.
Under Wash. Admin. Code § 162-38-120, compliant property owners and managers do not insert clauses into leases or applications that require prospective or current tenants to waive rights or sign hold-harmless agreements tied to a disability or the presence of a trained dog guide or service animal. Reviewing lease templates and application materials to remove any such conditions is a standard practice for operators seeking to comply with this rule. Because the prohibition covers both the initiation and continuation of a tenancy, these requirements cannot be introduced mid-lease either.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Wash. Admin. Code § 162-38-120 gives tenants and applicants with disabilities—or those who use a trained dog guide or service animal—protection against being asked to sign away their rights or agree to hold-harmless clauses as a condition of renting. If a landlord presents such a requirement, a tenant may have grounds to raise it as a violation of Washington's anti-discrimination rules. General enforcement paths can include filing a complaint with the Washington State Human Rights Commission or consulting a tenant-rights organization familiar with 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.
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