HOUSING SEARCH ~ Tenant Services at Solid Ground

RCW 59.18.257

Landlords can only charge prospective tenants for the actual cost of screening fees. They cannot profit from application fees. Most landlords pay tenant screening companies to research potential tenants, including criminal background checks, credit checks, eviction and court records, employment history and rental histories. Tenant screening services also look for things such as histories of late payments, any evictions or default judgments, collections or bankruptcies. Application and screening fees generally cost $35-$75 per person.

It may be a good idea to ask the landlord to get a sense of their standards before you apply. You may be able to avoid having to pay unnecessary screening fees if you find out ahead of time that the landlord will not consider renting to any tenant who has an eviction or criminal history. While landlords are not obligated to tell prospective tenants what their screening criteria is before they apply, they may be willing to tell you if you ask. It may save you from paying screening fees in units where the landlord will not be willing to rent to you because of a blemish on your record.

2) Credit

Credit is one of the primary issues that landlords consider when screening tenants. If you know that you have credit problems, or if you find yourself paying numerous costly credit check fees to apartment buildings, you can take a copy of your credit report to the landlord when you look at the apartment and show them any blemishes that appear. Landlords do not have to accept your copy of the credit report, but you can explain what happened to your credit and what you are doing to clear up the problem.

You may be able to improve your credit by paying off any judgments or debts and making sure everything that appears on the report is correct. It will take work to clean up your credit. There is no quick way to get rid of credit issues, but many landlords will be more willing to work with you if you have negotiated a payment plan to pay off back debts. Solid Ground offers a Financial Fitness Boot Camp program that may help you get back on your feet financially.

As of December 2004, the Federal Fair Credit Reporting Act requires each of the three big credit reporting agencies to provide you with a free copy of your credit report, at your request, once every 12 months. If you have already received a free credit report and need to order another, it will cost about $10. It will cost a few dollars more if you would also like a credit score (FICO score), in addition to your report. There are three major credit reporting agencies: Equifax, Experian and TransUnion. These agencies have set up one central website, phone number and address through which you can order your free annual report. Be careful of fake or fraudulent websites.

To order a copy of your credit report, go to AnnualCreditReport.com, call 877.322.8228, or complete the Annual Credit Report Request Form and mail it to: Annual Credit Report Request Service, PO Box 105281, Atlanta, GA 30348-5281. You can print the form from the Federal Trade Commission’s Credit & Loans webpage. Keep in mind that each of the three credit reporting agencies above will have different information on you, so Equifax might show an account that Experian does not, for example. It all depends on who your creditors use. You might want to get all three, requesting a different one every few months so you have the complete picture.

If the entire reason or part of the reason the landlord denied your tenancy is because of your credit report, they must tell you that they did so and provide you with the name, address and phone number of the credit reporting agency that provided that information to them. In turn, that credit reporting agency must provide you with a free copy of your credit report. Typically, in order to obtain the free report, you must make the request within 30 days. For more information, see the Federal Trade Commission’s A Summary of Your Rights Under the Fair Credit Reporting Act. The FTC also has a guide to cleaning up your credit called Credit Repair: How to Help Yourself.

3) Rental History

Potential landlords may research your rental history and seek references from previous landlords to get a sense of your qualifications as a renter. There are no laws in the Landlord-Tenant Act that restrict what information about you a landlord gives as a part of the screening process. You may decide to bring references from former landlords or employers and other character references. If you are concerned that a former landlord may misrepresent or lie about your qualifications as a tenant, you can give the new landlord an explanation of the situation or additional references.

Some Credit Reporting Agencies conduct interviews with former landlords and may ask such questions as, “Did the tenant give proper notice to vacate?”, “Did the tenant ever receive any notices for nonpayment or noncompliance?” or “Did the tenant leave the unit in good condition?”

4) Eviction

Do you have an eviction on your record? Unfortunately, if a landlord ever filed a lawsuit to evict you, it will show up on your record – even if you never went to court. It is often best to be upfront about this with a potential landlord. You can explain the circumstances and ask if they are willing to rent to tenants with past evictions on their records. Additionally, make sure that any judgments against you have been paid. Many places won’t rent to you if those judgments have not been satisfied.

If you were evicted illegally, or won in eviction court, it will still show up in your record as an eviction and can be used against you in the screening process. You can bring a written explanation or a letter from the court stating that you won the eviction, or that the action was brought against you illegally. The new landlord may be willing to consider the extenuating circumstances surrounding the eviction.

Solid Ground is working with our partners to ensure that eviction laws in Washington State are fair to tenants who are evicted illegally or who win in eviction court. If you have a story to tell about evictions and tenant screening, and would like to get involved, call Solid Ground’s Tenant Advocacy Line at 206.694.6748 or via email at tenantwa@solid-ground.org.

5) Criminal Record

Can I Clear My Criminal Record?: Legal Voice
Seal Your Juvenile Criminal Record: Street Youth Legal Advocates of Washington
SHB 1793: An act relating to restricting access to juvenile records
Possible protections to end discrimination in housing and employment based on arrest / conviction record: Seattle Human Rights Commission
Eliminating Barriers to Jobs and Housing – Addressing the Impacts of Arrests and Conviction Records: Seattle Human Rights Commission
Sample Letter: Housing Denial for Criminal Record

Some landlords may screen out tenants who have criminal records, assuming that they will not be trustworthy renters, regardless of the nature of their crime, the circumstances surrounding the conviction, and the amount of time that has passed since the criminal activity occurred. If you have a criminal record, you might want to be upfront about it in order to avoid paying screening costs for a unit where the landlord refuses to accept tenants with criminal records.

If you can get a personal letter of reference from a community member, case manager or even a friend, bring that along. Some tenant screening services check criminal history and some don’t. You can ask the landlord if they will rent to someone with a criminal record. If you know right away that the landlord will not consider you for tenancy because of a criminal history or eviction on your record, you can save the money you would have spent on a tenant screening or application fee and apply for another unit.

In some cases, you may be able to expunge your record so a conviction does not show up anymore. Legal Voice’s Can I Clear My Criminal Record? has more on expunging criminal records. The Street Youth Legal Advocates of Washington's Seal Your Juvenile Criminal Record can help juveniles clear their criminal records and access a new law that allows youth to have their criminal record expunged if they receive a pardon from the Governor.

An arrest alone should not be grounds for denial of housing. If you were denied housing because of previous criminal charges for which you were not convicted, that could be a violation of Fair Housing laws. A criminal charge is not a determination of fault under the law and may be reported to a Civil Rights Office. In addition, it is discrimination for a landlord to only run criminal background checks on protected class groups, or not to select applicants consistently based on the same criteria. It also may be discrimination for landlords to have outright bans on all people with criminal records, because it disparately impacts groups that are incarcerated more heavily for discriminatory reasons.

Landlords should consider how long ago the crime occurred, any extenuating circumstances surrounding the arrest or conviction, whether the crime has any relevance towards the tenant’s ability to be a good renter, and any evidence of rehabilitation. Contact the King County Office of Civil Rights or the Washington State Human Rights Commission for more information.

Tenants whose criminal history is related to a disability can make a reasonable accommodation request to the landlord to accept alternative forms of determining eligibility for housing. Past drug addiction is considered a disability under Fair Housing laws. The tenant may submit a plan to the prospective landlord detailing any and all efforts they have undertaken to address and eliminate the issues that led to the crime, in addition to letters of support or certificates from drug rehabilitation programs, case managers, or other landlords. For more information, contact the King County Office of Civil Rights. See the Sample Letter: Housing Denial for Criminal Record.

In addition, the City of Seattle is currently considering a proposal to make it illegal for housing providers to discriminate against tenants on the basis of arrest or conviction record history. For more information, see Seattle Human Rights Commission’s Possible protections to end discrimination in housing and employment based on arrest / conviction record and Eliminating Barriers to Jobs and Housing – Addressing the Impacts of Arrests and Conviction Records.

6) Employment & Income

Prospective landlords will generally want to verify your employment status and income to ensure that you make enough money to afford the rent. Some landlords require that tenants earn double or triple the amount of rent. They may ask for your bank account numbers, copies of your paystubs or your employer’s phone number. You can decide what information you are comfortable sharing with your landlord, and how you would like to share it.

If you are not comfortable providing a prospective landlord with your bank account information, you may decide to provide a copy of your bank statement that shows your name, account history and balance with the account numbers blacked out. Or you may offer to show them paycheck invoices as an alternative. The landlord may decide not to rent to you on the basis of any information you decide not to provide, but the integrity of your personal information will remain intact.

7) Discrimination in Tenant Screening

It is not necessarily discriminatory if a landlord does not rent to you because of any problems with your screening report. A landlord does not have to tell you exactly why they chose not to rent to you. They do have to inform you that they denied you for tenancy and tell you how to get a copy of the report on which they based their decision.

Landlords cannot deny tenancy on the basis of any discriminatory reason or choose not to rent to you on the basis of any protected class, including race, gender, sexual orientation, disability, family status or national origin. In Seattle, Unincorporated King County and Bellevue it is discriminatory to deny housing because of a tenant’s Section 8 voucher status. For more information on discrimination and your civil rights, see Seattle Office for Civil Rights, King County Office of Civil Rights or the Washington State Human Rights Commission.

As long as landlords are not collecting information in a discriminatory manner, there are no laws restricting what information is asked of you on a rental application. However, there are laws restricting how that information can be used. You may ask why the landlord wants the information and what they are going to do with it. They must have a legitimate business reason for requesting it from you. It is at a landlord’s discretion to choose not to offer a unit to you if you do not provide the information requested, but sometimes landlords will be flexible if you have concerns.

There are additional protections in the law for tenants who are survivors of domestic violence, sexual assault or stalking. RCW 59.18.580 states that a landlord cannot refuse to enter into a rental agreement based on a household member’s status as a survivor of domestic violence, sexual assault or stalking, or because the tenant had previously terminated a lease for any of those reasons. A landlord who refuses to enter into a rental agreement with a tenant because of their status as a survivor is liable to the prospective tenant in civil action for their actual damages, plus court costs and attorneys’ fees, if they prevail.

8) Social Security Number & Immigration Status

Landlords can legally ask for social security numbers on rental applications as long as they are not doing so in a discriminatory manner. For example, it would be a violation of Fair Housing laws for a landlord to ask only individuals from one particular ethnic group for their social security numbers. If they ask one tenant, they must ask all tenants. If they are requesting social security numbers in a nondiscriminatory manner, landlords can legally choose not to rent to tenants who do not provide valid social security numbers. Not all landlords ask for them, and not all will choose not to rent to tenants who don’t provide them. Try to find out more about the landlord’s evaluation criteria before you fill out the application.

IRS regulations specify that projects financed through the Low-Income Housing Tax Credit (LIHTC) program are not required to collect social security numbers from potential residents. However, LIHTC projects still ask for social security numbers on applications and use them to determine applicants’ financial eligibility and suitability as tenants. Equivalent identification would be a Work Visa, Alien Registration Receipt Card, Temporary Resident Card, IRS Individual Taxpayer Identification Number (ITIN), or Employment Authorization Card. Failure on the part of applicants to provide social security numbers or equivalent identification could hinder or delay an LIHTC property’s ability to review their applications for housing.

Housing Search Questions Back to top

As you start searching for housing, make a list of any questions you have. Don’t be afraid to ask to speak to other tenants or to ask about the neighborhood, the nearest shopping centers, bus lines, or any visible damages to the unit. You can also speak to other residents in the building to find out what they like and don’t like about living there. You can gather information about other tenants’ experiences in the apartment building through internet research on any of the various apartment rating and review websites. See below for a detailed list of questions to ask a potential landlord.

It is crucial that you read a lease very carefully before you sign it. It is a legally binding contract, and you can be held to any and all of the conditions of tenancy once you sign the document, as long as they do not conflict with any state or local laws.

1) Before Signing a Rental Agreement 4) Other Fees

2) Rules of Tenancy 5) Utilities

3) Deposits 6) Condition of Unit

1) Before Signing a Rental Agreement

Is it a fixed-term or month-to-month tenancy?
Does the contract extend month-to-month after the fixed term, or does the tenancy end at the end of the lease term?
When specifically does the tenancy begin and end? Is the landlord going to prorate the costs if it ends in the middle of the month?
Will the landlord provide you with receipts for your rent? The Landlord-Tenant Act requires that they provide you with a receipt for anything paid in cash, and a receipt for all other payments if requested by the tenant.
Where and how do you pay your rent?
Who does the landlord designate as their agent, if any? Have you been provided with their name and contact information?
What is the landlord’s notice address for repair requests and other correspondence?
If the unit is within the city limits of Seattle, did your landlord provide you with a copy of the Department of Planning and Development summary Information for Tenants as required in the Seattle Municipal Code on Rental Agreement Regulation (SMC 7.24.080)?
Who do you contact in an emergency?
Can you speak with other tenants to see how they like living in the building? Research apartment buildings at the Better Business Bureau website or use any of the apartment rating websites available on the internet.
Is there off-street parking?
Is there an onsite manager? When are they available?
Does the landlord live in the building or nearby?
How often does the landlord intend on coming into the unit for inspections?
What is the neighborhood like? Are there schools and grocery stores nearby?
Is the unit close to public transportation options?
Are there any parts of your lease that sound odd to you or that make you unsure that the landlord is following the law?

2) Rules of Tenancy

When are the quiet hours?
When is your rent payment considered late?
Are all the rules and requirements of tenancy reasonable?
Does the lease include any rules that violate your rights under state or local laws?
Will the landlord allow you to paint the unit or install a satellite dish if you want to? Is landlord consent required to do so?
What is the guest policy?
Will the landlord allow you to move another person into the unit mid-contract? What is the screening process?
Does the landlord allow pets? Is there a pet deposit or fee?

3) Deposits

How much is the deposit?
Is it a security or damage deposit?
Does the landlord provide information on which financial institution your deposit is being held in?
Is a portion of the deposit designated as nonrefundable?
Did the landlord give you a receipt for your deposit?
Does the contract detail the terms and conditions under which your deposit is refundable?
Did the landlord provide you with a detailed checklist of the conditions of the unit upon move-in that you both signed off on?

4) Other Fees

What fees are being charged? Are they reasonable?
How much are late fees and when are they charged?
Is the landlord asking you to pay any notice or attorneys’ fees?
Are there fees to replace keys or NSF check processing fees?
Are there fees for parking or storage?
Is the landlord asking for last month’s rent? What is the process for applying it to your rent?

5) Utilities

What utilities are you responsible for? What utilities are being paid by the landlord?

Is it your responsibility to put the utilities in your name?
Are there outstanding utility charges on the accounts?
How is the landlord calculating your portion of the utilities? Is there a Third-Party Billing company?

What kind of heating is in the unit? Where is the thermostat located? Who is in control of the temperature setting? When is the heat turned on? Do other tenants have access to the thermostat?

Where are the fuse box and the hot water heater located?

Does the landlord charge you a fee for late utilities? Is this fee in addition to the utility company’s late fee?

6) Condition of Unit

4) Nonprofit Housing Developers

Is the landlord making any commitments to you to improve the conditions of the unit? If yes, get it in writing.
Do all the outlets, plumbing, heaters, light fixtures and phone jacks function well?
Is there adequate ventilation in the bathroom and unit in general?
Are there adequate locks on all the doors?
Do all the windows open and shut properly?
Is there excessive noise from heaters, neighbors, the street or construction nearby?

Resources: Low-Income Housing Back to top

There are several types of programs that offer low- and moderate-income housing for renters in Washington State. See HousingSearchNW.org, AptFinder.org or Washington State 2-1-1 for more detailed information on the different kinds of programs available in your area. For more detailed information on each program, see our Low-Income Housing Rights webpage.

1) Public Housing Authority 5) Home Sharing or Room Renting

2) HUD Project-Based Section 8 6) Deposit & Move-In Assistance

3) Low-Income Housing Tax Credit 7) Fair Market Rentals

1) Public Housing Authority

HUD's Public Housing Program and Housing Choice (Section 8) Vouchers are administered through the local Public Housing Authority. Most waiting lists open for a short time every year and applicants are selected by lottery. Section 8 voucher waiting lists are often two- to three-years long. Watch for opportunities to get your name on the waiting lists. Most Public Housing programs have their own waiting lists. Contact the housing authorities below for more information.

Seattle Housing Authority: 206.239.1500
King County Housing Authority: 206.214.1300
Renton Housing Authority: 425.226.1850
Housing Authority of Snohomish County (HASCO): 425.290.8499
Pierce County Housing Authority: 253.620.5400
Vancouver Housing Authority: 360.694.2501
Spokane Housing Authority: 509.328.2953

2) HUD Project-Based Section 8

HUD Project-Based Section 8 units are subsidized by the Department of Housing and Urban Development. For a full list of apartments within King County, call 206.220.5140 and leave a message with your name and address. HUD apartment units are different from Housing Authority buildings, because you apply to the individual locations rather than one office. You can apply to as many HUD apartments as you’d like (the more the better). Some HUD apartments have nonsubsidized units in the same building. HUD buildings are also listed at AptFinder.org or HousingSearchNW.org.

3) Low-Income Housing Tax Credit

Low-income housing tax credit programs provide units for low- and moderate-income renters. Look for other low-income buildings with Tax Credit and other subsidies at AptFinder.org or HousingSearchNW.org, affordable housing directories serving King County, and OneStopHousing.org, a resource for the Spokane area.

4) Nonprofit Housing Developers

Nonprofit housing developers also offer subsidized housing for low-income tenants. See a list of Seattle-area housing providers below. You can also call Washington State 2-1-1 (also at 206.461.3200 and 1.800.621.4636, or 206.461.3610 for TTY/hearing impaired calls) to get a list of housing options, including transitional housing and emergency shelter.

Capitol Hill Housing: 206.329.7303
Low Income Housing Institute (LIHI): 206.443.9935
Compass Housing Alliance: 206.789.1536
Imagine Housing – building eastside communities: 425.957.4742
Downtown Action to Save Housing (DASH): 425.646.9053
Mt. Baker Housing Association: 206.725.1478
Bellwether: 206.622.2893
Catholic Housing Services of Western Washington: 206.448.3360

Plymouth Housing Group: 206.652.8325 (Single residency occupancy – studios and one-bedrooms)
Senior Housing Assistance Group (SHAG): 425.228.4100
Seattle Senior Housing Program: 206.615.3351

5) Home Sharing or Room Renting

Home sharing or room renting can cost considerably less, and may be more immediately available and/or flexible in accepting people with credit or rental history problems. The following are options to find shared housing situations. Other roommate possibilities are listed in the rental sections of neighborhood newspapers and publications such as The Stranger, Seattle Weekly, and Little Nickel, or on the Seattle Craig’s List website. You can also search for a roommate online at Roomster.

6) Deposit & Move-In Assistance

Moving costs can be extremely high. Be prepared to come up with first month’s rent, last month’s rent and a deposit. You may want to save up money to cover moving costs, try to set up a payment arrangement with the landlord to cover moving costs, or try to get assistance paying off your deposit and initial rent charges. There are agencies and churches that have emergency funds available for move-in assistance. Washington State 2-1-1 (also 206.461.3200, 1.800.621.4636 or 206.461.3610 for TTY/hearing impaired calls) can give you information about rental assistance available in your area for income-qualified people. If you receive public assistance, you can ask your DSHS case worker about emergency financial assistance.

7) Fair Market Rentals

Sample Letter: Housing Denial for Criminal Record

King County offers a FREE resource to help people find homes anywhere in King County: HousingSearchNW.org. This is an affordable housing directory with detailed and up-to-date listings. The most common place to look for fair market rentals is in the classified section of newspapers like The Seattle Times or online at NW Homes. The best days to look are in the Saturday and Sunday Real Estate sections. Given the tight housing market that Seattle usually experiences, we recommend that you get up early Saturday morning and preview the properties for open houses on Sundays so you can be one of the first to arrive. Also try The Stranger and Seattle Weekly, two free local newspapers that have a large number of For Rent ads. These papers have a lot of roommate listings as well.

You may also have an idea of the area or specific neighborhood you want to live in. Take a walk or drive around the neighborhood and make note of any For Rent signs. This will give you a good sense of the neighborhood character, the people you may end up living next to, and what amenities are available in the area.

Smaller duplexes, complexes and mother-in-law apartments tend to rent for less than larger buildings. These types of units are usually owned and managed by an individual landlord. They may try to keep the rent down to attract good tenants who will maintain the property. Private “Mom & Pop” landlords are also more likely to rent to people without running a credit report.

Resources: Housing Search

AptFinder.org: Multifamily Affordable Properties website for affordable housing in Washington State

HousingSearchNW.org: Rental listings resource sponsored by the King County Housing Authority, Seattle Housing Authority, City of Seattle, United Way and King County

AnnualCreditReport.org

A Summary of Your Rights Under the Fair Credit Reporting Act: Federal Trade Commission website

Can I Clear My Criminal Record?: Legal Voice

Legal Assistance Guide: Compiled by Solid Ground Tenant Counselors

Public Housing Authorities: Department of Housing and Urban Development website

Seal Your Juvenile Criminal Record: Street Youth Legal Advocates of Washington

King County Office of Civil Rights

How to Dispute Credit Report Errors: Federal Trade Commission

FAQs: Housing Search Back to top

Q: Does the landlord have to take a copy of my credit report if I
provide one?

Currently, a prospective landlord may choose to take a copy of a credit report if the tenant provides one from one of the three major credit reporting agencies, but the law does not require them to do so. Solid Ground is working with our partners to pass legislation that would lower application costs by requiring landlords to accept credit reports from tenants if they can be verified with the credit reporting agency.

Q: What if something on my credit report is incorrect or was placed
there illegally?

You can petition credit reporting agencies to have any errors removed from your record. This can be a difficult process. For detailed information, see the Federal Trade Commission’s How to Dispute Credit Report Errors.

Q: Can the landlord screen someone I want to move into my house
with me?

Yes. If you want to move an additional tenant in mid-tenancy, the landlord has the right to put them through the screening process and charge them the application fee.

Q: I have a family member or partner who lives elsewhere but will
be staying over regularly in my unit. What are my rights?

Review the guest policy in your rental agreement. Often rental agreements limit the specific number of days, consecutive or total, a guest can stay in the unit without being screened and added to the contract. The landlord may ask that a frequent visitor be screened and have their name added to the rental agreement if they exceed the number of days allowed for visitors.

Q: I’m concerned that my former landlord will misrepresent my rental
history to a new potential landlord and give me a bad reference.
What can I do?

If you are concerned that a former landlord may misrepresent or lie about your qualifications as a tenant, you can give the new landlord an explanation of the situation, or bring additional references. There are no laws in the Landlord-Tenant Act that restrict what information a landlord gives about you as a part of the screening process. You may decide to bring references from other former landlords or employers and other character references. In situations like this, many tenants wonder if there is a way to sue their landlord for defamation (slander or libel). It may be possible to bring a private action against them in court, but it can be very difficult to secure an attorney for a lawsuit like this. For more information on how to best utilize legal services to solve housing problems, see our Legal Assistance Guide.

Q: If I won in eviction court or was evicted illegally, can the eviction
be used against me in the screening process?

Yes, even if you were evicted illegally or won in eviction court, it will still show up in your record as an eviction and may be used against you in the screening process. You can go to the courthouse and print out the court’s judgment that stated that you prevailed, or submit other documentation that the action was brought against you illegally. The new landlord may be willing to consider the extenuating circumstances.

Solid Ground is working to change this law so that tenants who have evictions on their records through no fault of their own are able to have them removed from their records. Real-life stories make a significant impact on lawmakers. We can help you share your story in order to change the laws. To learn more about how you can share your story, contact Tenant Services at 206.694.6748 or email tenantwa@solid-ground.org.

Q: Can the landlord ask me my social security number or bank
account numbers on the rental application?