reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 162 - Human Rights Commission › Chapter 162-36 - Real estate transactions › Section 162-36-006 - Retaliation

Current through Register Vol. 24-14, July 15, 2024
It is an unlawful practice to coerce, intimidate, threaten or
			interfere with any person in the exercise or enjoyment of, or on account of his
			or her having exercised or enjoyed, or on account of his or her having aided or
			encouraged any other person in the exercise or enjoyment of, rights regarding
			real estate transactions, regardless of the merits of the underlying claim,
			contentions or allegations at issue.
Statutory Authority:
			  RCW
			  49.60.120(3) and
			  49.60.240. 96-13-045, §
										162-36-006, filed 6/13/96,
			  effective 7/14/96.
Washington Administrative Code › Title 162 - Human Rights Commission › Chapter 162-36 - Real estate transactions › Section 162-36-010 - Soliciting buyers from neighbors of listed house

Current through Register Vol. 24-14, July 15, 2024
Some real estate firms have a practice of sending letters,
			post cards or printed circulars to residents of a neighborhood where they have
			a home listed for sale in order to obtain referrals of prospective buyers of
			the home. Such a practice does not necessarily discriminate against persons on
			the basis of race, creed, color, national origin, sex, sexual orientation,
			gender expression or gender identity, marital status, families with children
			status, the presence of a sensory, mental or physical disability or the use of
			a trained dog guide or service animal by a disabled person. However, the
			practice can have a discriminatory effect, and thereby constitute an unfair
			practice in a real estate transaction within the meaning of this chapter,
			where:
(1) It is used only in
		  neighborhoods occupied entirely or predominantly by persons of a single race,
		  creed, color, national origin, sex, sexual orientation, gender expression or
		  gender identity, marital status, families with children status, have the
		  presence of a sensory, mental or physical disability, or who use a trained dog
		  guide or service animal as a disabled person, or
(2) Persons of a particular race, creed,
		  color, national origin, sex, sexual orientation, gender expression or gender
		  identity, marital status, families with children status, have the presence of a
		  sensory, mental or physical disability, or use a trained dog guide or service
		  animal as a disabled person living in the same neighborhood are not sent
		  solicitations, or
(3) The content
		  or language of the solicitation invites, promotes or perpetuates residential
		  segregation or discrimination on the basis of race, creed, color, national
		  origin, sex, sexual orientation, gender expression or gender identity, marital
		  status, families with children status, the presence of a sensory, mental or
		  physical disability, or the use of a trained dog guide or service animal by a
		  disabled person.
Statutory Authority:
			  RCW
			     49.60.120(3) and 1997 c 271.
			  98-08-035, §
										162-36-010, filed 3/23/98,
			  effective 4/23/98. Statutory Authority:
			  RCW
			     49.60.120(3) and
			  49.60.240. 96-13-045, §
										162-36-010, filed 6/13/96,
			  effective 7/14/96; Order 14, §
										162-36-010, filed
			  7/16/73.
Washington Administrative Code › Title 162 - Human Rights Commission › Chapter 162-36 - Real estate transactions › Section 162-36-020 - Content and language of solicitation

Current through Register Vol. 24-14, July 15, 2024
Residential segregation on the basis of race, creed, national
			origin or other ethnic classification is rooted in the history of this country
			and fixed in the patterns of thought of many people. The content and language
			of a solicitation of names of prospective purchasers directed to neighbors of a
			house listed for sale, must be examined in this context in assessing whether
			the solicitation constitutes an unfair practice within the meaning of
			RCW
			   49.60.222 and WAC
			162-36-010. A solicitation which
			indicates that the recipient of the solicitation can control the type of
			persons who will move into the neighborhood by referring appropriate
			prospective buyers, is likely to be understood as an invitation to discriminate
			on the basis of race, creed, color, national origin, sex, sexual orientation,
			gender expression or gender identity, marital status, families with children
			status, the presence of a sensory, mental or physical disability, or the use of
			a trained dog guide or service animal by a disabled person. Phrases such as
			"uphold the standards of the community" (when the "standards" are unspecified)
			are likely to be understood the same way. Accordingly, it is an unfair practice
			under RCW
			   49.60.222 and WAC
			162-36-010 for the content or
			language of a neighborhood solicitation to:
(1) Suggest in any way that the solicitor,
		  buyer or seller has the power to control the type or character of the person or
		  persons to whom the property involved may be sold;
(2) Invite or provoke discriminatory
		  feelings, actions, or responses from the person or persons being
		  solicited;
(3) Make reference to an
		  assumed standard of the community which the solicitor, buyer or seller must or
		  will uphold, unless the particular community standard is identified
		  specifically, and the standard does not have the effect of excluding persons of
		  a particular race, creed, color, national origin, sex, sexual orientation,
		  gender expression or gender identity, marital status, families with children
		  status, the presence of a sensory, mental or physical disability, or the use of
		  a trained dog guide or service animal by a disabled person.
Statutory Authority:
			  RCW
			     49.60.120(3) and 1997 c 271.
			  98-08-035, §
										162-36-020, filed 3/23/98,
			  effective 4/23/98. Statutory Authority:
			  RCW
			     49.60.120(3) and
			  49.60.240. 96-13-045, §
										162-36-020, filed 6/13/96,
			  effective 7/14/96; Order 14, §
										162-36-020, filed
			  7/16/73.
Washington Administrative Code › Title 162 - Human Rights Commission › Chapter 162-38 - Real estate transactions, disability discrimination › Section 162-38-010 - Scope and purpose of chapter

Current through Register Vol. 24-14, July 15, 2024
(1)
Confined to unfair practices.
This chapter interprets and implements the disability discrimination
		  coverage provided by the law against discrimination regarding unfair practices
		  in real estate transactions,
		  RCW
		     49.60.222 through
		  49.60.340. This chapter applies to
		  the unfair practices which the commission is empowered by
		  RCW
		     49.60.120(4) to eliminate
		  and prevent through the administrative process provided in
		  RCW
		     49.60.230 through
		  49.60.270.
(2)
Principal statutes interpreted.
The statutes principally interpreted in this chapter are
		  RCW
		     49.60.222 through
		  49.60.225. This chapter does not
		  define the scope of the civil right to be free from discrimination because of a
		  disability declared in
		  RCW
		     49.60.030 or interpret other
		  statutes.
(3)
Sources of
		  policy guidance.
In applying and interpreting the provisions of the law
		  against discrimination regarding discrimination in real estate transactions
		  based upon the presence of a sensory, mental or physical disability or the use
		  of a trained dog guide or service animal by a disabled person, the commission
		  is guided by the following:
(a) Legislative
		  policy statements found in
		  RCW
		     49.60.010,
		  49.60.030,
		  70.84.010 and
		  70.92.100; and
(b) The federal Fair Housing Amendments Act
		  of 1988, 42 U.S.C.
		  3601, et seq.
Washington Administrative Code › Title 162 - Human Rights Commission › Chapter 162-38 - Real estate transactions, disability discrimination › Section 162-38-035 - Concurrent remedy in court

Current through Register Vol. 24-14, July 15, 2024
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.
Statutory Authority:
			  RCW
			  49.60.120(3) and
			  49.60.240. 96-13-045, §
										162-38-035, filed 6/13/96,
			  effective 7/14/96. Statutory Authority:
			  RCW
			  49.60.120(3). 82-19-086
			  (Order 41), §
										162-38-035, filed
			  9/22/82.
Washington Administrative Code › Title 162 - Human Rights Commission › Chapter 162-38 - Real estate transactions, disability discrimination › Section 162-38-040 - Definitions

Current through Register Vol. 24-14, July 15, 2024
The following words or phrases are used in this chapter in the
			meaning given, unless the context clearly indicates another meaning.
"Accessible" means usable or understandable by a person who is
			disabled, with reasonable effort and in reasonable safety.
"Standards for barrier-free facilities" means standards for
			making building and facilities accessible to physically disabled persons,
			pursuant to chapter 51-30 WAC and
			chapter
			70.92 RCW. See WAC
			162-38-030(2),
			162-38-070.
"Disability" is short for "the presence of a sensory, mental or
			physical disability."
"Landlord" means anyone other than the occupant of real
			property who attempts to control use of the property under claim of right
			arising out of an ownership interest in real property by that person or another
			person for whom that person acts. The term includes owners of rental property,
			trustees, receivers, persons controlling the common areas used in connection
			with condominiums, and agents or others acting in the interest of any such
			persons.
"Rental property" includes real property that is rented or
			leased, offered for rental or lease, or built or maintained for rental or
			lease.
"Structural" means the load-bearing members and essential
			structure or composition of a place, as distinguished from its finish,
			decorations or fittings. Examples of structural components are floors, walls,
			stairs, door openings, sidewalks, elevators, and escalators. Examples of things
			that are not structural are moveable walls, bathroom fixtures and partitions,
			fixtures such as water fountains (whether or not attached to a wall), doors and
			door hardware, cabinets, counters, handrails, signs (attached or painted),
			elevator controls, alarm systems, and carpeting and other floor covers.
"Tenant" is a person who rents or seeks to rent real
			property.
"Dog guide" means a dog that is trained for the purpose of
			guiding blind persons or a dog that is trained for the purpose of assisting
			hearing impaired persons.
"Service animal" means an animal that is trained for the
			purpose of assisting or accommodating a disabled person's sensory, mental, or
			physical disability.
Statutory Authority:
			  RCW
			  49.60.120(3). 99-15-025,
			  §
										162-38-040, filed 7/12/99,
			  effective 8/12/99. Statutory Authority:
			  RCW
			     49.60.120(3) and 1997 c 271.
			  98-08-035, §
										162-38-040, filed 3/23/98,
			  effective 4/23/98. Statutory Authority:
			  RCW
			     49.60.120(3) and
			  49.60.240. 96-13-045, §
										162-38-040, filed 6/13/96,
			  effective 7/14/96. Statutory Authority:
			  RCW
			  49.60.120(3). 82-19-086
			  (Order 41), §
										162-38-040, filed
			  9/22/82.
Washington Administrative Code › Title 162 - Human Rights Commission › Chapter 162-38 - Real estate transactions, disability discrimination › Section 162-38-050 - Who is protected

Current through Register Vol. 24-14, July 15, 2024
(1)
Scope.
RCW    49.60.222 defines practices in
		  connection with real estate transactions that are unfair when done because of
		  "the presence of any sensory, mental, or physical disability, or the use of a
		  trained dog guide or service animal by a disabled person." Nothing in this
		  chapter or in
		  chapter
		  49.60 RCW, however,
		  prohibits treating disabled persons more favorably in a real estate transaction
		  than persons who are not disabled.
(2)
Presence of disability.
The
		  presence of a sensory, mental, or physical disability includes, but is not
		  limited to, an abnormal condition that:
(a) Is
		  medically cognizable or diagnosable;
(b) Exists as a record or history;
		  or
(c) Is perceived to exist,
		  whether or not it exists in fact.
Washington Administrative Code › Title 162 - Human Rights Commission › Chapter 162-38 - Real estate transactions, disability discrimination › Section 162-38-060 - General rules

Current through Register Vol. 24-14, July 15, 2024
(1)
General principles apply.
The unfair practices in real estate
		  transactions as defined in
		  RCW
		     49.60.222 through
		  49.60.225 apply to claims of
		  disability discrimination. This chapter deals with special questions as to the
		  application of the law to disability discrimination. Where no special provision
		  is made by the statute, by this chapter, or by exception by the commissioners
		  under WAC
		  162-06-030, general principles of
		  nondiscrimination apply.
(2)
Statutory rules.
It is an unfair practice for any person to do any
		  of the acts enumerated in
		  RCW
		     49.60.222 through
		  49.60.225 because of the presence
		  of a sensory, mental or physical disability or the use of a trained dog guide
		  or service animal by a disabled person. For purposes of this chapter, an unfair
		  practice in a real estate transaction on the basis of a disability includes
		  discrimination because of a disability of the buyer or renter, a person
		  residing in or intending to reside in that dwelling after it is so sold, rented
		  or made available, or any person associated with that buyer or
		  renter.
Statutory Authority:
			  RCW
			  49.60.120(3) and 1997 c 271.
			  98-08-035, §
										162-38-060, filed 3/23/98,
			  effective 4/23/98. Statutory Authority:
			  RCW
			     49.60.120(3) and
			  49.60.240. 96-13-045, §
										162-38-060, filed 6/13/96,
			  effective 7/14/96. Statutory Authority:
			  RCW
			  49.60.120(3). 82-19-086
			  (Order 41), §
										162-38-060, filed
			  9/22/82.
Washington Administrative Code › Title 162 - Human Rights Commission › Chapter 162-38 - Real estate transactions, disability discrimination › Section 162-38-070 - Accessibility

Current through Register Vol. 24-14, July 15, 2024
(1)
Laws
		  requiring accessibility.
The principal laws that require that buildings
		  be made accessible are:
(a) The state building
		  code, chapter 19.27
		  RCW, which includes the standards for barrier free facilities in chapter 51-30
		  WAC, promulgated under the authority of
		  chapter
		  70.92 RCW.
(b) The federal Fair Housing Amendments Act
		  of 1988, codified at 42
		  U.S.C. 3601, et seq., and accompanying
		  regulations (chapter  24 C.F.R. Part 100).
(c) The Americans With Disabilities Act of
		  1990, codified at 42 U.S.C.
		  12101, et seq.
(d) The Rehabilitation Act of 1973, codified
		  at 29 U.S.C.
		  701, et seq., and accompanying
		  regulations.
(e) The Architectural
		  Barriers Act, codified at 42
		  U.S.C. 4151, et seq.
Washington Administrative Code › Title 162 - Human Rights Commission › Chapter 162-38 - Real estate transactions, disability discrimination › Section 162-38-080 - Modifications or additions made by tenants

Current through Register Vol. 24-14, July 15, 2024
(1)
Landlord need not pay.
Except as required by law, a landlord is not required to pay for
		  alterations or additions to real property needed to make it accessible by
		  disabled persons.
(2)
Unfair
		  to unreasonably prohibit modifications needed by disabled tenant.
Whether or not the landlord permits tenants in general to make
		  alterations or additions to a structure, it is an unfair practice under
		  RCW
		     49.60.222 for a landlord to refuse to allow a
		  disabled tenant to make reasonable alterations or additions to the structure or
		  fixtures under the following conditions:
(a)
		  The alterations or additions are paid for by the tenant; and
(b) The tenant agrees to restore the interior
		  of the dwelling to the condition that existed before the modification,
		  reasonable wear and tear excepted; or
(c) As otherwise required by
		  RCW
		     49.60.222(2).
Washington Administrative Code › Title 162 - Human Rights Commission › Chapter 162-38 - Real estate transactions, disability discrimination › Section 162-38-090 - Public areas of rental property

Current through Register Vol. 24-14, July 15, 2024
(1)
Are covered as places of public
		  accommodation.
RCW    49.60.040 includes the following in its broad definition of place of public
		  accommodation:
". . . public halls, public elevators, and public washrooms
			of buildings and structures occupied by two or more tenants, or by the owner
			and one or more tenants."
(2)
Applicable law.
Public areas
		  as defined in this section are governed by the public accommodations coverage
		  of the law against discrimination,
		  RCW
		     49.60.215, and chapter 162-26 WAC, public
		  accommodations, disability discrimination, as well as by the real estate
		  transaction coverage of the law against discrimination and this chapter of the
		  commission's regulations.
(3)
Public areas.
"Public" areas for purposes of public accommodations
		  coverage of rental property include all areas intended for use by more than one
		  tenant, or by one or more tenants and the resident owner. The area need not be
		  open to the public at large. The area is covered if it is open to all tenants,
		  or any two tenants, or the owner and one or more tenants. In addition to public
		  halls, public elevators and public washrooms, public areas include garbage
		  disposal facilities, recreation facilities, laundry or other work areas, and
		  open space.
Statutory Authority:
			  RCW
			  49.60.120(3) and
			  49.60.240. 96-13-045, §
										162-38-090, filed 6/13/96,
			  effective 7/14/96. Statutory Authority:
			  RCW
			  49.60.120(3). 82-19-086
			  (Order 41), §
										162-38-090, filed
			  9/22/82.
Washington Administrative Code › Title 162 - Human Rights Commission › Chapter 162-38 - Real estate transactions, disability discrimination › Section 162-38-100 - Persons with dog guides or service animals

Current through Register Vol. 24-14, July 15, 2024
(1)
Are protected.
RCW
		     49.60.222 protects persons with disabilities
		  from discrimination because of their use of a trained dog guide or service
		  animal the same as it protects them from discrimination directly because of
		  disability.
(2)
General rule.
The same rules that apply to the treatment of persons because of
		  disability under
		  RCW
		     49.60.222 and this chapter apply to the
		  treatment of persons with disabilities because they use a trained dog guide or
		  service animal.
(3)
Landlord's duty.
It is an unfair practice for a landlord to refuse
		  to rent to a person with a disability because the person uses a trained dog
		  guide or service animal. A landlord's no-pet policy cannot be applied to the
		  dog guide or service animal of a person with a disability.
(4)
Cleaning or damage deposits not
		  unfair.
It is not an unfair practice for a landlord to enforce on a
		  tenant with a disability using a dog guide or service animal its standard
		  cleaning or damage deposit if the same cleaning or damage deposit is enforced
		  equally on all tenants.
(5)
Pet deposits unfair.
It is an unfair practice for a landlord to
		  enforce on a tenant with a disability using a dog guide or service animal a pet
		  deposit in addition to any standard cleaning or damage deposit.
Statutory Authority:
			  RCW
			  49.60.120(3). 99-15-025,
			  §
										162-38-100, filed 7/12/99,
			  effective 8/12/99. Statutory Authority:
			  RCW
			     49.60.120(3) and 1997 c 271.
			  98-08-035, §
										162-38-100, filed 3/23/98,
			  effective 4/23/98. Statutory Authority:
			  RCW
			  49.60.120(3). 82-19-086
			  (Order 41), §
										162-38-100, filed
			  9/22/82.
Washington Administrative Code › Title 162 - Human Rights Commission › Chapter 162-38 - Real estate transactions, disability discrimination › Section 162-38-105 - Removal of dog guides and service animals

Current through Register Vol. 24-14, July 15, 2024
(1)
General rule.
It is an
		  unfair practice to request that a trained dog guide or service animal be
		  removed, unless the person can show:
(a) That
		  the presence, behavior or actions of that dog guide or service animal
		  constitutes an unreasonable risk of injury or harm to property or other
		  persons; and
(b) A reasonable
		  attempt to eliminate the behavior or actions of that dog guide or service
		  animal that constitutes an unreasonable risk fails.
It is an unfair
			practice to remove a trained dog guide or service animal from the entire rental
			property because the animal presents a risk of injury or harm when in part of
			the rental property.
Washington Administrative Code › Title 162 - Human Rights Commission › Chapter 162-38 - Real estate transactions, disability discrimination › Section 162-38-110 - Inquiries to disabled applicants

Current through Register Vol. 24-14, July 15, 2024
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.
Statutory Authority:
			  RCW
			  49.60.120(3). 99-15-025,
			  §
										162-38-110, filed 7/12/99,
			  effective 8/12/99. Statutory Authority:
			  RCW
			     49.60.120(3) and
			  49.60.240. 96-13-045, §
										162-38-110, filed 6/13/96,
			  effective 7/14/96. Statutory Authority:
			  RCW
			  49.60.120(3). 82-19-086
			  (Order 41), §
										162-38-110, filed
			  9/22/82.
Washington Administrative Code › Title 162 - Human Rights Commission › Chapter 162-38 - Real estate transactions, disability discrimination › Section 162-38-120 - Unfair to request or require waiver of rights

Current through Register Vol. 24-14, July 15, 2024
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.
Statutory Authority:
			  RCW
			  49.60.120(3) and 1997 c 271.
			  98-08-035, §
										162-38-120, filed 3/23/98,
			  effective 4/23/98. Statutory Authority:
			  RCW
			     49.60.120(3) and
			  49.60.240. 96-13-045, §
										162-38-120, filed 6/13/96,
			  effective 7/14/96. Statutory Authority:
			  RCW
			  49.60.120(3). 82-19-086
			  (Order 41), §
										162-38-120, filed
			  9/22/82.
Washington Administrative Code › Title 162 - Human Rights Commission › Chapter 162-40 - Credit transactions › Section 162-40-010 - Scope of chapter

Current through Register Vol. 24-14, July 15, 2024
This chapter carries out the policies and practices of the
			commission in connection with the law against discrimination covering credit
			transactions. The principal statutes involved are
			RCW
			   49.60.175,
			49.60.176, and
			49.60.222(1)(j).
Statutory Authority:
			  RCW
			  49.60.120(3). 00-01-177,
			  §
										162-40-010, filed 12/21/99,
			  effective 1/21/00; Order 25, §
										162-40-010, filed
			  4/23/76.
Washington Administrative Code › Title 162 - Human Rights Commission › Chapter 162-40 - Credit transactions › Section 162-40-021 - Coordination with federal law

Current through Register Vol. 24-14, July 15, 2024
(1) It
		  is the policy of the commission to coordinate its enforcement of the Washington
		  state law against discrimination with enforcement of the federal Equal Credit
		  Opportunity Act, Pub. L. 93-495, as amended, and Regulation B Equal Credit
		  Opportunity  12 C.F.R. 202, to the maximum extent possible without diminishing
		  the impact of the state law where the statutes differ. Federal law alters,
		  affects or preempts only those regulations contained in this chapter which are
		  inconsistent with federal law, and then only to the extent of the
		  inconsistency.
(2) Differences
		  between state and federal regulations. The state of Washington is a community
		  property state; therefore, regulations governing community property may define
		  the differences between the federal and state regulations.
Statutory Authority:
			  RCW
			  49.60.120(3). 00-01-177,
			  §
										162-40-021, filed 12/21/99,
			  effective 1/21/00; Order 34, §
										162-40-021, filed
			  6/30/77.
Washington Administrative Code › Title 162 - Human Rights Commission › Chapter 162-40 - Credit transactions › Section 162-40-041 - Definitions

Current through Register Vol. 24-14, July 15, 2024
For purposes of this regulation, unless the context indicates
			otherwise, the following definitions apply:
(1) "Account" means an extension of credit.
		  When employed in relation to an account, the word "use" refers only to open end
		  credit.
(2) "Adverse action."
(a) The term means:
(i) A refusal to grant credit in
		  substantially the amount or on substantially the terms requested in an
		  application unless the creditor makes a counteroffer (to grant credit in a
		  different amount or on other terms) and the applicant uses or expressly accepts
		  the credit offered;
(ii) A
		  termination of an account or an unfavorable change in the terms of an account
		  that does not affect all or a substantial portion of a class of a creditor's
		  accounts; or
(iii) A refusal to
		  increase the amount of credit available to an applicant who has made an
		  application for an increase in accordance with procedures established by the
		  creditor.
Washington Administrative Code › Title 162 - Human Rights Commission › Chapter 162-40 - Credit transactions › RULES CONCERNING APPLICATIONS › Section 162-40-055 - Rules concerning applications

Current through Register Vol. 24-14, July 15, 2024
Rules concerning applications comply with Regulation B Equal
			  Credit Opportunity  12 C.F.R. 202, Section 202.5, except where community
			  property law is governed by the state of Washington at
			  chapter
			  26.16 RCW, Husband and
			  wife -- Rights and liabilities -- Community property.
Statutory Authority:
				RCW
				49.60.120(3). 00-01-177,
				§
											162-40-055, filed 12/21/99,
				effective 1/21/00.
Washington Administrative Code › Title 162 - Human Rights Commission › Chapter 162-40 - Credit transactions › RULES CONCERNING EVALUATION OF APPLICATIONS › Section 162-40-065 - Rules concerning evaluation of applications

Current through Register Vol. 24-14, July 15, 2024
Rules concerning evaluation of applications comply with
			  Regulation B Equal Credit Opportunity  12 C.F.R. 202, Section 202.6, except
			  where community property law is governed by the state of Washington at
			  chapter
			  26.16 RCW, Husband and
			  wife -- Rights and liabilities -- Community property.
Statutory Authority:
				RCW
				49.60.120(3). 00-01-177,
				§
											162-40-065, filed 12/21/99,
				effective 1/21/00.
Washington Administrative Code › Title 162 - Human Rights Commission › Chapter 162-40 - Credit transactions › RULES CONCERNING EXTENSION OF CREDIT › Section 162-40-075 - Rules concerning extensions of credit

Current through Register Vol. 24-14, July 15, 2024
Rules concerning extensions of credit comply with Regulation
			  B Equal Credit Opportunity  12 C.F.R. 202, Section 202.7, except where community
			  property law is governed by the state of Washington at
			  chapter
			  26.16 RCW, Husband and
			  wife -- Rights and liabilities -- Community property.
Statutory Authority:
				RCW
				49.60.120(3). 00-01-177,
				§
											162-40-075, filed 12/21/99,
				effective 1/21/00.
Washington Administrative Code › Title 162 - Human Rights Commission › Chapter 162-40 - Credit transactions › RULES CONCERNING EXTENSION OF CREDIT › Section 162-40-171 - Notifications

Current through Register Vol. 24-14, July 15, 2024
Rules concerning notifications comply with Regulation B Equal
			  Credit Opportunity  12 C.F.R. 202, Section 202.9, except where community
			  property law is governed by the state of Washington at
			  chapter
			  26.16 RCW, Husband and
			  wife -- Rights and liabilities -- Community property.
Statutory Authority:
				RCW
				49.60.120(3). 00-01-177,
				§
											162-40-171, filed 12/21/99,
				effective 1/21/00; Order 34, §
											162-40-171, filed
				6/30/77.
Washington Administrative Code › Title 162 - Human Rights Commission › Chapter 162-40 - Credit transactions › RULES CONCERNING EXTENSION OF CREDIT › Section 162-40-181 - Furnishing of credit information

Current through Register Vol. 24-14, July 15, 2024
Rules concerning furnishing of Credit Information comply with
			  Regulation B Equal Credit Opportunity  12 C.F.R. 202, Section 202.10, except
			  where community property law is governed by the state of Washington at
			  chapter
			  26.16 RCW, Husband and
			  wife -- Rights and liabilities -- Community property.
Statutory Authority:
				RCW
				49.60.120(3). 00-01-177,
				§
											162-40-181, filed 12/21/99,
				effective 1/21/00; Order 34, §
											162-40-181, filed
				6/30/77.
Washington Administrative Code › Title 162 - Human Rights Commission › Chapter 162-40 - Credit transactions › CONSUMER REPORTING AGENCIES › Section 162-40-191 - General rule

Current through Register Vol. 24-14, July 15, 2024
A consumer reporting agency shall not report to a creditor
			  any information relating to an applicant's race, creed, color, national origin,
			  sex, or the presence of any sensory, mental, or physical disability or that the
			  applicant uses a trained dog guide or service animal because of a
			  disability.
Statutory Authority:
				RCW
				49.60.120(3). 00-01-177,
				§
											162-40-191, filed 12/21/99,
				effective 1/21/00; Order 34, §
											162-40-191, filed
				6/30/77.
Washington Administrative Code › Title 162 - Human Rights Commission › Chapter 162-40 - Credit transactions › CONSUMER REPORTING AGENCIES › Section 162-40-201 - Rules concerning credit files

Current through Register Vol. 24-14, July 15, 2024
(1) Establishing credit files. A consumer
			reporting agency shall not refuse to establish a credit file for any person in
			any name under which an applicant may open or maintain an account. This file
			may be referenced with the file of the applicant's spouse.
(2) Name on credit report. A consumer
			reporting agency shall issue credit reports in the name in which the request
			for the report was received. A credit report may include the name of the spouse
			or former spouse, if available.
(3)
			Public record information. If a consumer reporting agency places public record
			information in credit files and such information contains the names of both
			spouses, such information shall be referenced so that it is accessible in the
			name of each spouse.
(a) If a consumer
			reporting agency places public record information concerning a decree of
			separation or dissolution of marriage in credit files, it shall place such
			information in the individual credit file of each spouse.
Washington Administrative Code › Title 162 - Human Rights Commission › Chapter 162-40 - Credit transactions › GENERAL PROVISIONS › Section 162-40-211 - Record retention

Current through Register Vol. 24-14, July 15, 2024
Rules concerning record retention conform to Regulation B
			  Equal Credit Opportunity  12 C.F.R. 202, Section 202.12, except where community
			  property law is governed by the state of Washington at
			  chapter
			  26.16 RCW, Husband and
			  wife -- Rights and liabilities -- Community property.
Statutory Authority:
				RCW
				49.60.120(3). 00-01-177,
				§
											162-40-211, filed 12/21/99,
				effective 1/21/00; Order 34, § 162-40-210 (codified as WAC
				162-40-211), filed
				6/30/77.
Washington Administrative Code › Title 162 - Human Rights Commission › Chapter 162-40 - Credit transactions › GENERAL PROVISIONS › Section 162-40-221 - Rules of construction

Current through Register Vol. 24-14, July 15, 2024
Any violation of the provisions of this chapter shall
			  constitute an unfair practice within the meaning of
			  RCW
			     49.60.175,
			  49.60.176, and/or 49.60.222
			  (1)(j).
Statutory Authority:
				RCW
				49.60.120(3). 00-01-177,
				§
											162-40-221, filed 12/21/99,
				effective 1/21/00; Order 34, §
											162-40-221, filed
				6/30/77.
Washington Administrative Code › Title 162 - Human Rights Commission › Chapter 162-40 - Credit transactions › EXEMPTIONS › Section 162-40-231 - Exemption for special purpose credit program

Current through Register Vol. 24-14, July 15, 2024
Any credit program that qualifies as a special purpose credit
			  program under the provisions of  12 C.F.R. §
										202.8  is exempt from these
			  regulations to the extent these regulations are inconsistent with the
			  provisions of  12 C.F.R. §
										202.8.
Statutory Authority:
				RCW
				49.60.120(3). 00-01-177,
				§
											162-40-231, filed 12/21/99,
				effective 1/21/00; Order 34, §
											162-40-231, filed
				6/30/77.
Washington Administrative Code › Title 162 - Human Rights Commission › Chapter 162-40 - Credit transactions › EXEMPTIONS › Section 162-40-251 - Remedies

Current through Register Vol. 24-14, July 15, 2024
An administrative law judge may order, or the commission's
			  staff may propose upon a finding of reasonable cause to believe a violation of
			  chapter
			  49.60 RCW has occurred, or
			  in prefinding settlement efforts, remedies, including but not limited
			  to:
(1) Requiring the creditor to
			establish in writing nondiscriminatory criteria for the granting of
			credit.
(2) Requiring the creditor
			or consumer reporting agency to conduct training sessions of its employees and
			agents in order to insure that the employees and agents are aware of their
			responsibilities and liabilities under the Washington state law against
			discrimination
			RCW
			   49.60.240,
			49.60.250, and
			49.60.225 and Regulation B of the
			Equal Credit Opportunity Act, Section 202.14.
(3) Requiring the creditor to pay actual or
			special damages to aggrieved parties.
(4) Requiring the creditor to submit to the
			commission proof that it has ceased said discriminatory practices and
			implemented a policy of nondiscrimination.
(5) Requiring that the creditor conduct
			remedial advertising.
(6) Requiring
			the creditor to offer credit to the aggrieved parties.
(7) Requiring the creditor or consumer
			reporting agency to revise the structure and content of its files to eliminate
			discrimination and to remove all references to the complaint from the
			complainant's file.
(8) Requiring
			the posting of a notice in view of applicants for credit stating that it is an
			unfair practice for any person furnishing credit to deny or terminate such
			credit or to adversely affect an individual's credit standing because of such
			individual's race, creed, color, sex, national origin, or marital
			status.
(9) Requiring the
			distribution of these regulations to each of its employees and agents who
			determine, influence, or effectuate the creditor's policies and
			practices.
Statutory Authority:
				RCW
				49.60.120(3). 00-01-177,
				§
											162-40-251, filed 12/21/99,
				effective 1/21/00; Order 34, §
											162-40-251, filed
				6/30/77.
Washington Administrative Code › Title 170 - Early Learning, Department of › Chapter 170-01 - Disclosure of public records › Section 170-01-0010 - Purpose

Current through Register Vol. 24-14, July 15, 2024
The purpose of this chapter is to provide rules for the
				department to implement the Public Records Act, chapter 42.56
				RCW.
Statutory Authority:
				  RCW
				     42.56.040,
				  43.215.070, and chapter 43.215
				  RCW. 12-09-035, §
										170-01-0010, filed 4/11/12,
				  effective 5/12/12.
Washington Administrative Code › Title 170 - Early Learning, Department of › Chapter 170-01 - Disclosure of public records › Section 170-01-0020 - Definitions

Current through Register Vol. 24-14, July 15, 2024
The definitions set forth in chapter 42.56 RCW shall apply to
				this chapter. The following definitions also apply to this chapter.
"Authorization" means a detailed document that gives the
				department permission to use or disclose confidential information records for
				specified purposes.
"Client" means a person who receives services or benefits from
				the department.
"Department" means the department of children, youth, and
				families. Where appropriate, "department" also may refer to the officials and
				employees of the department of children, youth, and families.
"Disclosure" means inspection or copying of public records,
				unless the record is exempt from disclosure by law.
"Public records" includes any writing, as defined in
				RCW
				   42.56.010, containing information relating to
				the conduct of government or the performance of any governmental or proprietary
				function prepared, owned, used, or retained by any state or local agency
				regardless of physical form or characteristics. Almost all records held by an
				agency relate to the conduct of government; however, some do not. A purely
				personal record having no relation to the conduct of government is not a
				"public record." While the contents of the personal record might not be a
				public record, a transaction of the record itself may be.
"Public records officer" or "PRO" means the designated person
				for the department who oversees all records requests under
				RCW
				   42.56.580. This person is identified in the
				Washington state register.
"Redact" means to edit from a released record information that
				is exempt from disclosure to the public, by covering over the information with
				black ink or other method without deleting the information from the original
				record.
Statutory Authority:
				  RCW
				     42.56.040,
				  43.215.070, and chapter 43.215
				  RCW. 12-09-035, §
										170-01-0020, filed 4/11/12,
				  effective 5/12/12.
Washington Administrative Code › Title 170 - Early Learning, Department of › Chapter 170-01 - Disclosure of public records › Section 170-01-0030 - Department locations

Current through Register Vol. 24-14, July 15, 2024
(1) The
			 administrative office of the department is located at 1500 Jefferson Street,
			 S.E., Olympia, Washington.
(2)
			 Field offices are located throughout the state and contact information can be
			 found on the department's web site,
www.dcyf.wa.gov
.
Statutory Authority:
				  RCW
				     42.56.040,
				  43.215.070, and chapter 43.215
				  RCW. 12-09-035, §
										170-01-0030, filed 4/11/12,
				  effective 5/12/12.
Washington Administrative Code › Title 170 - Early Learning, Department of › Chapter 170-01 - Disclosure of public records › Section 170-01-0040 - Public records officer

Current through Register Vol. 24-14, July 15, 2024
The department's director will appoint a public records
				officer (PRO) whose responsibility is to serve as a "point of contact" for
				members of the public seeking public records. The department will provide the
				public records officer's name and contact information by publishing it in the
				state register. The department will also provide the public records officer's
				contact information on its web site,
www.dcyf.wa.gov
.
A request may be fulfilled by the PRO, or department staff
				designated by the PRO.
Statutory Authority:
				  RCW
				     42.56.040,
				  43.215.070, and chapter 43.215
				  RCW. 12-09-035, §
										170-01-0040, filed 4/11/12,
				  effective 5/12/12.
Washington Administrative Code › Title 170 - Early Learning, Department of › Chapter 170-01 - Disclosure of public records › Section 170-01-0050 - Records index

Current through Register Vol. 24-14, July 15, 2024
(1) The records
			 retention schedule established by the division of state archives of the office
			 of the secretary of state serves as an index for the identification and
			 location of the department's records including those described in
			 RCW
			    42.56.070(5).
(2) The records retention schedule indexes
			 records according to the originating program or section, and then the record
			 series title. Each title is further identified by a statement of function or
			 purpose, and the retention period. The records retention schedule is available
			 to the public for inspection and copying. The records retention schedule is
			 updated by the department as needed. With the assistance of the public records
			 officer or designee, any person can obtain access to the department's public
			 records using the records retention schedule.
Statutory Authority:
				  RCW
				     42.56.040,
				  43.215.070, and chapter 43.215
				  RCW. 12-09-035, §
										170-01-0050, filed 4/11/12,
				  effective 5/12/12.
Washington Administrative Code › Title 170 - Early Learning, Department of › Chapter 170-01 - Disclosure of public records › Section 170-01-0100 - Availability of public records

Current through Register Vol. 24-14, July 15, 2024
Public records are available for inspection and copying during
				the department's normal business hours, Monday through Friday, 8 a.m. to 5
				p.m., excluding legal holidays. A department staff person must be present at
				all times when a record is being inspected. Appointments are not required, but
				significantly help the department provide prompt and efficient service. Some
				department records may be stored in other locations, in computer storage
				systems, or the state records warehouse, and may take time to identify and
				gather . Other records may be exempt from disclosure. Original records cannot
				be removed from the inspection location. If required by law, department staff
				must redact information in a record before making it available for inspection.
				Department staff will make copies of records on request.
Statutory Authority:
				  RCW
				     42.56.040,
				  43.215.070, and chapter 43.215
				  RCW. 12-09-035, §
										170-01-0100, filed 4/11/12,
				  effective 5/12/12.
Washington Administrative Code › Title 170 - Early Learning, Department of › Chapter 170-01 - Disclosure of public records › Section 170-01-0110 - Organization of records

Current through Register Vol. 24-14, July 15, 2024
The department will maintain its records in an organized
				manner and will take reasonable actions to protect records from damage and
				disorganization. Records available on the department's web site,
www.dcyf.wa.gov
, are available to the
				public without a records request, and the department does not copy those
				records. Requestors are encouraged to view the documents available on the web
				site prior to submitting a records request.
Statutory Authority:
				  RCW
				     42.56.040,
				  43.215.070, and chapter 43.215
				  RCW. 12-09-035, §
										170-01-0110, filed 4/11/12,
				  effective 5/12/12.
Washington Administrative Code › Title 170 - Early Learning, Department of › Chapter 170-01 - Disclosure of public records › Section 170-01-0120 - How to make a public records request

Current through Register Vol. 24-14, July 15, 2024
(1)
			 Public records requests should be made directly to the department's public
			 records officer.
(2) Public records
			 requests may be made verbally or in writing.
(a) Written requests may be sent by email to
			 dcyf.publicrecords@ dcyf.wa.gov, by fax to 360-725-4925 or mail. Requests may
			 be delivered to 1500 Jefferson Street S.E., Olympia, Washington or P.O. Box
			 40975, Olympia, WA 98504-0975.
(b)
			 The department's public records request form is on its web site. The department
			 recommends that requestors submit requests using the department's public
			 records request form.
(c) A written
			 request without using the DEL public records request form should contain:
(i) Name of requestor;
(ii) Address of requestor;
(iii) Other contact information, including
			 telephone number and any email address;
(iv) The date on which the request was
			 made;
(v) A sufficient description
			 of the record requested; and
(vi)
			 If the record being requested may include a list of individuals or businesses,
			 a statement that the list will not be used for commercial purposes, which is
			 prohibited by law.
Washington Administrative Code › Title 170 - Early Learning, Department of › Chapter 170-01 - Disclosure of public records › Section 170-01-0200 - How the department responds to public records requests

Current through Register Vol. 24-14, July 15, 2024
Within five business days of receiving the request, the
				department will either:
(1) Provide
			 the record;
(2) Acknowledge the
			 request and give a reasonable time estimate of how long the department will
			 take to provide records;
(3)
			 Contact the requestor to clarify the request if it isn't understood by the
			 public records officer; or
(4) Deny
			 all or part of the request in writing, with reasons for the denial. The
			 explanation will include the law that the department relied upon in its denial.
At his or her discretion, the public records officer may send
				the requested records by email, fax, postal mail, or commercial delivery. The
				records may be delivered on paper, computer or compact discs, or other
				methods.
Statutory Authority:
				  RCW
				     42.56.040,
				  43.215.070, and chapter 43.215
				  RCW. 12-09-035, §
										170-01-0200, filed 4/11/12,
				  effective 5/12/12.
Washington Administrative Code › Title 170 - Early Learning, Department of › Chapter 170-01 - Disclosure of public records › Section 170-01-0205 - Third-party requests for otherwise confidential records

Current through Register Vol. 24-14, July 15, 2024
(1) A third party, such as a department
			 client's attorney or lay representative, may access otherwise confidential
			 records about a department client with a valid authorization.
(2) The authorization should:
(a) Identify the client;
(b) Identify the individual(s) or
			 organization(s) authorized to receive the records;
(c) State that the department may disclose
			 the information to the requestor;
(d) Identify the record(s) that the client
			 wants the department to release;
(e) State the date the authorization expires
			 or an expiration event that relates to the client or the purpose of the use of
			 disclosure;
(f) State the reason
			 for disclosure;
(g) State the right
			 to revoke;
(h) State the potential
			 for redisclosure;
(i) As
			 appropriate, include specific language authorizing the department to release
			 any one or more of the following to the requestor: Substance use disorder
			 records, child welfare records, adoption records, records concerning
			 reproductive health and sexually transmitted diseases, and mental health
			 records; and
(j) Include a dated,
			 verified signature of the individual with legal authority to authorize the
			 release of records.
Washington Administrative Code › Title 170 - Early Learning, Department of › Chapter 170-01 - Disclosure of public records › Section 170-01-0206 - Notifying third parties of a request

Current through Register Vol. 24-14, July 15, 2024
(1)
			 If records responsive to a public records request identify or pertain directly
			 to an individual or organization other than the requestor, the department may
			 notify the named individual or organization about the request.
(2) The department's third-party notice may
			 include:
(a) A copy of the original
			 request;
(b) If appropriate, a copy
			 of the records that identify or pertain to the third party;
(c) The date the department intends to
			 release the record; and
(d) A
			 statement that the third party may prevent release of the record by agreement
			 or by bringing a lawsuit and getting an injunction against the department and
			 the requestor under
			 RCW
			    42.56.540 prior to the intended release
			 date.