Judge tosses Seattle law requiring landlords to rent to first qualified tenant

[Yo_Mama_Been_Loggin]

A King County judge has struck down a new Seattle rule requiring apartment landlords to rent to the first qualified person who applies for tenancy.

A handful of landlords sued a year ago, saying the "first-in-time" rule passed by the City Council in 2016 violates state protections for rights of property, due process and free speech.

King County Superior Court Judge Suzanne Parisien lauded the City Council's for aiming to eliminate "the role of implicit bias in tenancy decisions," but invalidated the law, ruling that "choosing a tenant is a fundamental attribute of property ownership."

The Rental Housing Association of Washington hailed the decision.

"The ability to select a tenant is fundamental to the successful operation of rental housing, “ Sean Martin, the group's interim executive director, said in a news release.

“What is equally important, however, is that this ruling restores the ability for rental housing owners to provide opportunities for underqualified renters who would otherwise have difficulty with being first in line to apply for a rental unit or meeting higher screening criteria standards,” Martin added.

It was not clear whether Seattle will appeal the ruling. City Attorney Pete Holmes was not immediately available for more information.

https://www.bizjournals.com/seattle/news/2018/03/28/seattle-first-in-time-landlord-rental-law-ruling.html?ana=e_mc_prem&s=newsletter&ed=2018-03-29&u=ColXVN5SPzQtLHFP87ho2w07857290&t=1522341368&j=80752351

[tazkcmo]

1. Pay wall so couldn't read the article

I'm assuming the reason for the rule was to try and prevent discrimination but I don't feel this rule isn't part of the solution. I'd have to agree with the property owners. Qualifying financially is just part of the decision making process. I personally would also consider if the applicant is a good fit for the community in the case of a multi-dwelling structure like a duplex, for example, as long as no discrimination is involved.

Let's say a single, white, elderly woman lives in one half of my rental duplex and she's been a great tenant for a long time. She's quiet, goes to bed early and friendly. I'm going to consider her when I'm looking at prospective tenants which means I might not rent to a well qualified night worker who enjoys playing drums, loud music and tap dancing. The two wouldn't be compatible, imo.

On the other hand, if a qualified applicant that worked days, enjoyed reading, playing chess and meditation and happened to be a minority of non-white persuasion made an inquiry, I'd really like to rent to her/him! Perfect match! But uh-oh, I suddenly remember that time the nice elderly woman expressed a dislike for non-whites and had referred to them as "those people". In this case, I'd still have to rent to the applicant because if I didn't I'd be doing it based on discrimination by the (used to be) nice, elderly lady. The only way I could possibly not rent to the meditating applicant is if a much more qualified and even better match applied, maybe the current tenant's twin sister that get along better than peas and carrots.

Good intentions in this rule but it's over reach, imo.