Judge upholds Seattle law barring landlords from denying housing due to criminal history

A U.S. District Court Judge has rejected a challenge to the Seattle’s Fair Chance Housing Law, which bars most landlords from denying housing to applicants or taking other actions against tenants due to their criminal history.

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The Seattle City Council adopted the law in 2017, and it has remained in effect since. The Fair Chance Housing ordinance made it an unfair practice for landlords and tenant screening services to “require, disclosure, inquire about, or take an adverse action against a prospective occupant, a tenant, or a member of their household, based on any arrest record, conviction record, or criminal history.”

The Pacific Legal Foundation, which represented a number of landlords, challenged the ordinance. They claimed it violated constitutional rights to free speech and substantive due process. Judge Coughenour rejected their claims.

Councilmember Lisa Herbold is a co-sponsor of the legislation.

“When Seattle became the first city in the country to pass Fair Chance Housing in 2017, we knew it would change the lives of many who were unfairly rejected as tenants because of a criminal record, despite having served their time, or for others, never convicted in the first place,” Herbold said. “This policy is more important today than ever. Policymakers are reimagining the criminal justice system and the public health benefits of being housed during a deadly pandemic are self-evident. Further, blocking people who have fulfilled the terms of their sentencing from accessing housing is a recipe for recidivism.  With housing, a person is seven times less likely to reenter the criminal justice system. I would expect anyone in favor of a safer Seattle to support this decision.”

City Attorney Pete Holmes weighed in after Judge Coughenour’s rejection as well, adding that housing access is necessary for stabilization.

“A criminal conviction should not be a lifelong sentence to living on the streets,” Holmes said. “Housing access is core to stabilizing a person’s life, so I’m thankful to the judge for making the sound legal decision today.”

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The Pacific Legal Foundation recently unsuccessfully challenged Seattle’s Democracy Voucher program and First-in-Time law. The foundation has an ongoing lawsuit against Gov. Inslee’s eviction moratoria.

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