Fair Housing Act Complaint - Washington

WASHINGTON FAIR HOUSING COMPLAINT (LAW AGAINST DISCRIMINATION)

1. CAPTION

SUPERIOR COURT OF THE STATE OF WASHINGTON

COUNTY OF [____________________]

NO. [____________________]

COMPLAINT FOR DAMAGES, CIVIL PENALTIES, AND INJUNCTIVE RELIEF

1. Violation of the Washington Law Against Discrimination (RCW 49.60.222; RCW 49.60.030);
2. Violation of the federal Fair Housing Act (42 U.S.C. §§ 3604, 3617);
3. Failure to Provide Reasonable Accommodation / Modification (RCW 49.60.222(2); 42 U.S.C. § 3604(f)); and
4. Source-of-Income Discrimination (RCW 59.18.255). [if applicable]

JURY DEMAND

Plaintiff alleges as follows:

2. PARTIES

2.1. Plaintiff. Plaintiff [PLAINTIFF NAME] ("Plaintiff") is, and at all relevant times was, a resident of [CITY, COUNTY], Washington, and an "aggrieved person" within the meaning of RCW 49.60.040(1).

2.2. Defendant owner/landlord. Defendant [DEFENDANT] ("Defendant") is, and at all relevant times was, a [corporation / limited liability company / individual] that owns, operates, manages, or controls the dwelling at issue and is a "person" engaged in a "real estate transaction" within the meaning of RCW 49.60.040 and RCW 49.60.222.

2.3. Individual Defendant. Defendant [INDIVIDUAL NAME] is, and at all relevant times was, a [manager / leasing agent / owner / employee] of Defendant acting within the course and scope of that agency, and is sued individually for his/her own unfair practices.

2.4. Doe Defendants. The true names and capacities of Defendants sued as Does 1 through 10 are presently unknown to Plaintiff, who will seek leave to amend when they are ascertained.

2.5. Subject property. The dwelling at issue is located at [PROPERTY ADDRESS] (the "Property").

3. JURISDICTION AND VENUE

3.1. This Court has subject-matter jurisdiction under Wash. Const. art. IV, § 6 and RCW 2.08.010 because the causes of action arise under Washington law and the amount in controversy is within the Court's jurisdiction.

3.2. This Court has concurrent jurisdiction over the federal Fair Housing Act claims under 42 U.S.C. § 3613(a).

3.3. Venue is proper in [COUNTY] County under RCW 4.12.025 because Defendant transacts business and/or resides in this County and the Property and the unfair practices are located here.

3.4. Timeliness. This action is timely. A private WLAD civil action under RCW 49.60.030(2) is governed by the general three-year limitations period of RCW 4.16.080(2). The parallel federal claim is filed within two (2) years after the occurrence or termination of the discriminatory housing practice (42 U.S.C. § 3613(a)). [Confirm the applicable limitations period; for any administrative charge to the Washington State Human Rights Commission, see the Practice Notes.]

4. FACTUAL ALLEGATIONS

4.1. Plaintiff is a member of one or more classes protected by the WLAD. RCW 49.60.222 makes it an unfair practice to discriminate in a real estate transaction because of sex, marital status, sexual orientation [which WLAD defines to include gender identity], race, creed, color, national origin, citizenship or immigration status, families with children status, honorably discharged veteran or military status, the presence of any sensory, mental, or physical disability, or the use of a trained dog guide or service animal by a person with a disability.

4.2. On or about [DATE], Plaintiff [applied to rent / sought to purchase / resided at / inquired about] the Property.

4.3. Plaintiff is a member of the following protected class(es): [IDENTIFY — e.g., disability (________), families with children status, sexual orientation/gender identity, race (________), military/veteran status, use of a service animal].

4.4. Defendant engaged in one or more of the following unfair practices:

☐ Refusal to engage in a real estate transaction, or refusal to negotiate (RCW 49.60.222(1)(a), (d))
☐ Discrimination in the terms, conditions, or privileges of a real estate transaction, or in the furnishing of facilities or services (RCW 49.60.222(1)(b))
☐ Refusal to receive or transmit a bona fide offer (RCW 49.60.222(1)(c))
☐ Discriminatory advertising, statement, sign, application, record, or inquiry (RCW 49.60.222(1)(g))
☐ Misrepresenting that real property is unavailable for inspection, sale, rental, or lease when in fact it is available (RCW 49.60.222(1)(e))
☐ Otherwise making a dwelling unavailable or denying a dwelling (RCW 49.60.222(1)(f))
☐ Steering, or inducing a transaction by neighborhood-composition representations (RCW 49.60.223)
☐ Refusal to permit a reasonable modification of the premises (disability) (RCW 49.60.222(2)(a))
☐ Refusal to make a reasonable accommodation in rules, policies, practices, or services (disability) (RCW 49.60.222(2)(b))
☐ Expelling a person from occupancy of real property (RCW 49.60.222(1)(i))
☐ Discrimination in financing or related services (RCW 49.60.222(1)(j); RCW 49.60.176)
☐ Harassment or creation of a hostile housing environment
☐ Retaliation against a person who opposed discrimination or exercised fair-housing rights (RCW 49.60.210)
☐ Source-of-income discrimination — refusing a Housing Choice Voucher/Section 8 or other subsidy (RCW 59.18.255)
☐ Other: [DESCRIBE]

4.5. Specifically, the following occurred:

• [SPECIFIC INCIDENT 1 — date, actor, what was said/done, witnesses];
• [SPECIFIC INCIDENT 2];
• [SPECIFIC INCIDENT 3].

4.6. [Comparator evidence: Similarly situated applicants or tenants outside Plaintiff's protected class were treated more favorably, including [DESCRIBE].]

4.7. [Disability allegations, if applicable:] Plaintiff has a disability within the meaning of RCW 49.60.040(7) and 42 U.S.C. § 3602(h), specifically [DESCRIBE]. On or about [DATE], Plaintiff requested the following reasonable accommodation/modification: [DESCRIBE — e.g., assistance/service animal in a "no pets" building, accessible parking, grab bars]. Defendant [denied the request / failed to engage in the interactive process / imposed unreasonable conditions].

4.8. As a direct and proximate result of Defendant's conduct, Plaintiff suffered the damages described below, including out-of-pocket losses, loss of housing opportunity, and emotional distress.

5. COUNT I — WASHINGTON LAW AGAINST DISCRIMINATION (RCW 49.60.222; RCW 49.60.030)

5.1. Plaintiff incorporates the preceding paragraphs.

5.2. Defendant's conduct constitutes one or more unfair practices in a real estate transaction prohibited by RCW 49.60.222 because of Plaintiff's [PROTECTED CLASS].

5.3. Defendant acted intentionally and/or its facially neutral policy had an unjustified discriminatory effect (disparate impact).

5.4. RCW 49.60.030(1)(c) recognizes the right to engage in real estate transactions free from discrimination as a civil right, and RCW 49.60.030(2) authorizes a private civil action to enjoin further violations and to recover actual damages, the cost of suit including reasonable attorneys' fees, and any other appropriate remedy.

5.5. Plaintiff is entitled to injunctive relief, actual damages, civil penalties under RCW 49.60.225, and reasonable attorneys' fees and costs.

6. COUNT II — FEDERAL FAIR HOUSING ACT (42 U.S.C. §§ 3604, 3617)

6.1. Plaintiff incorporates the preceding paragraphs.

6.2. Defendant's conduct violated 42 U.S.C. § 3604 by refusing to rent or sell, by making housing unavailable, and/or by discriminating in the terms, conditions, or privileges of housing because of Plaintiff's [race / color / religion / sex / familial status / national origin / disability].

6.3. Defendant further violated 42 U.S.C. § 3617 by coercing, intimidating, threatening, interfering with, or retaliating against Plaintiff for exercising rights protected by the federal Fair Housing Act.

6.4. This Count is timely under 42 U.S.C. § 3613(a). Plaintiff is entitled to actual and punitive damages, injunctive relief, and reasonable attorneys' fees and costs under 42 U.S.C. § 3613(c).

7. COUNT III — REASONABLE ACCOMMODATION / MODIFICATION (DISABILITY)

7.1. Plaintiff incorporates the preceding paragraphs.

7.2. Plaintiff is a person with a disability under RCW 49.60.040(7) and 42 U.S.C. § 3602(h).

7.3. Plaintiff requested a reasonable accommodation in rules, policies, practices, or services and/or a reasonable modification of the premises necessary to afford Plaintiff full enjoyment of, and equal opportunity to use and enjoy, the dwelling, and Defendant was required to consider the request and engage in an interactive process.

7.4. The requested accommodation/modification was reasonable and necessary, and Defendant refused it in violation of RCW 49.60.222(2)(a)-(b) and 42 U.S.C. § 3604(f)(3)(A)-(B).

7.5. Plaintiff is entitled to actual and punitive damages, injunctive relief (including an order compelling the accommodation/modification), and attorneys' fees and costs.

8. COUNT IV — SOURCE-OF-INCOME DISCRIMINATION (RCW 59.18.255) [IF APPLICABLE]

8.1. Plaintiff incorporates the preceding paragraphs.

8.2. RCW 59.18.255 prohibits a landlord from refusing to rent, or otherwise discriminating against a prospective or current tenant, based on the tenant's source of income, including participation in a federal, state, local, or nonprofit-administered housing-assistance, subsidy, or voucher program.

8.3. Defendant refused to accept, or imposed adverse terms because of, Plaintiff's [Housing Choice Voucher/Section 8 / other subsidy or benefit — DESCRIBE], in violation of RCW 59.18.255.

8.4. Plaintiff is entitled to the remedies provided by RCW 59.18.255 and the RLTA, including actual damages, statutory damages, court costs, and reasonable attorneys' fees. [Verify current remedy provisions of RCW 59.18.255.]

9. DAMAGES

9.1. Actual/compensatory damages: out-of-pocket losses, higher rent or relocation costs, lost housing opportunity, and other pecuniary harm, in amounts to be proven at trial.

9.2. Emotional distress damages: humiliation, embarrassment, anxiety, and loss of dignity. The WLAD imposes no cap on compensatory damages.

9.3. Punitive damages: Washington does not permit punitive damages on the WLAD claim, but punitive damages are available on the federal FHA claim where Defendant acted with malice or reckless indifference to Plaintiff's federally protected rights (42 U.S.C. § 3613(c)(1)).

9.4. Civil penalties: civil penalties as authorized by RCW 49.60.225 (up to $10,000 for a first violation; up to $25,000 for a second within five years; up to $50,000 for a third within seven years).

9.5. Attorneys' fees and costs: under RCW 49.60.030(2) and 42 U.S.C. § 3613(c)(2).

9.6. Pre- and post-judgment interest as allowed by law.

10. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully prays for judgment against Defendants, jointly and severally, as follows:

• A. For actual and compensatory damages according to proof;
• B. For emotional-distress damages;
• C. For punitive damages on the federal claim;
• D. For civil penalties under RCW 49.60.225;
• E. For a declaration that Defendants' conduct violated Washington and federal fair-housing laws;
• F. For permanent injunctive relief, including an order to cease the discriminatory practices, to provide the requested accommodation/modification, and to adopt non-discriminatory policies and training;
• G. For reasonable attorneys' fees and costs under all applicable fee-shifting statutes;
• H. For pre- and post-judgment interest; and
• I. For such other and further relief as the Court deems just and proper.

11. DEMAND FOR JURY TRIAL

Plaintiff demands a trial by jury on all issues so triable pursuant to CR 38, Wash. Const. art. I, § 21, and the Seventh Amendment to the United States Constitution.

12. VERIFICATION

I, [PLAINTIFF NAME], declare under penalty of perjury under the laws of the State of Washington that I am the Plaintiff in this action, that I have read the foregoing Complaint, and that the matters stated herein are true of my own knowledge, except as to matters stated on information and belief, and as to those I believe them to be true.

Signed at [CITY], Washington, on [__/__/____].

[____________________]

[PLAINTIFF NAME]

13. SIGNATURE AND SERVICE BLOCKS

Date: [__/__/____]

Respectfully submitted,

[LAW FIRM NAME]

By: [____________________]

[ATTORNEY NAME], WSBA No. [______]

Attorney for Plaintiff

[STREET ADDRESS]

[CITY, STATE ZIP]

Telephone: [__________]

Email: [__________]

14. CERTIFICATE OF SERVICE

I certify that on [__/__/____] I caused a true and correct copy of the foregoing Complaint to be served on the following by [method — personal service / mail / electronic service per CR 5]:

[SERVICE LIST WITH ADDRESSES]

[____________________]

[NAME / TITLE]

15. WASHINGTON PRACTICE NOTES

• Enforcing agency. The Washington State Human Rights Commission (WSHRC) administers and enforces the WLAD's real-estate provisions. Local human rights agencies (e.g., the Seattle Office for Civil Rights, the Tacoma Human Rights Commission) may also have jurisdiction under municipal fair-housing ordinances that can be broader still.
• Protected classes (broader than federal). RCW 49.60.222: sex, marital status, sexual orientation (WLAD defines "sexual orientation" to include gender identity, RCW 49.60.040), race, creed, color, national origin, citizenship or immigration status, families with children status, honorably discharged veteran or military status, the presence of any sensory, mental, or physical disability, and use of a trained dog guide or service animal by a person with a disability. Source of income is protected in the rental context separately under RCW 59.18.255 (Residential Landlord-Tenant Act), enacted in 2018; it is not enumerated in RCW 49.60.222.
• Administrative charge vs. direct court suit. Election is permissive. An aggrieved person may file a complaint with the WSHRC OR commence a private civil action directly under RCW 49.60.030(2) — there is no administrative-exhaustion requirement for the private WLAD action.
• Limitations periods.
• Private WLAD civil action: governed by the general three-year tort limitations period, RCW 4.16.080(2) (per Washington case law applying RCW 4.16.080 to WLAD claims). Confirm against current authority.
• WSHRC administrative complaint (real estate): generally must be filed within one year of the alleged unfair practice. Confirm current WSHRC filing deadline.
• Federal: 1 year to file a HUD administrative complaint (42 U.S.C. § 3610(a)); 2 years for a private federal court action (42 U.S.C. § 3613(a)).
• Remedies and penalties. RCW 49.60.030(2) authorizes injunctive relief, actual damages, and reasonable attorneys' fees and costs in a private action; emotional-distress damages are recoverable and uncapped. Punitive damages are NOT available under Washington law but ARE available on the federal FHA count. RCW 49.60.225 authorizes civil penalties in WSHRC enforcement actions (up to $10,000 / $25,000 / $50,000 depending on prior violations).
• Service-animal and assistance-animal claims. WLAD expressly protects use of a trained dog guide or service animal (RCW 49.60.222) and requires reasonable accommodation; assistance/support animals are addressed under the reasonable-accommodation framework of RCW 49.60.222(2) and 42 U.S.C. § 3604(f).
• Removal exposure. Including the federal FHA count creates federal-question jurisdiction permitting removal under 28 U.S.C. § 1441. Consider pleading WLAD and RLTA counts only to anchor in state court.

16. SOURCES AND REFERENCES

• RCW 49.60.222 (unfair practices in real estate transactions) — https://app.leg.wa.gov/rcw/default.aspx?cite=49.60.222
• RCW 49.60.030 (freedom from discrimination; private civil action) — https://app.leg.wa.gov/rcw/default.aspx?cite=49.60.030
• RCW 49.60.040 (definitions; disability; aggrieved person) — https://app.leg.wa.gov/rcw/default.aspx?cite=49.60.040
• RCW 49.60.225 (relief; civil penalties) — https://app.leg.wa.gov/rcw/default.aspx?cite=49.60.225
• RCW 59.18.255 (source-of-income protection, RLTA, 2018) — https://app.leg.wa.gov/rcw/default.aspx?cite=59.18.255
• Washington State Human Rights Commission — https://www.hum.wa.gov/
• 42 U.S.C. § 3604 (federal FHA), § 3613 (private action), § 3617 (interference) — https://www.justice.gov/crt/fair-housing-act-2
• Texas Dep't of Housing & Community Affairs v. Inclusive Communities Project, Inc., 576 U.S. 519 (2015) (disparate impact under the FHA)
• HUD/DOJ Joint Statement on Reasonable Accommodations (2004); Reasonable Modifications (2008)

Disclaimer: This template is provided for informational purposes only and does not constitute legal advice. An attorney licensed in Washington must review and customize this document before filing. Verify all statutory citations, limitations periods, and court rules before use.