On November 14, 2019, the Washington State Supreme Court upheld tenant screening requirements known as ‘First-in-Time’ for properties located within the City of Seattle. The Seattle Office for Civil Rights is responsible for administering and enforcing the First-in-Time requirement, which requires landlords to provide notice of their screening criteria to applicants and to offer tenancy to the first qualified applicant who provides a completed application. This law is currently in effect.
- This law requires landlords to provide notice of their screening criteria to prospective tenants, and to include certain kinds of information in online advertisements, including:
- Criteria used to screen tenants and the minimum standard a person will need to meet to move forward
- All information, documentation, or submissions necessary for the landlord to determine if the tenant meets those criteria
- Written notice about how to request additional time to complete the application if additional time is needed to ensure meaningful access or for a reasonable accommodation for a disability
- If the landlord is legally required to or voluntarily setting aside the unit for vulnerable populations
- The law requires that landlords offer tenancy to the first applicant who completes an application and meets the stated criteria. Landlords must:
- Note the date and time of when a completed application is submitted
- Screen completed rental applications in chronological order
- Offer tenancy to the first person who meets the screening criteria
- Provide 48 hours to the tenant to accept
- If the first applicant does not accept within 48 hours, the landlord can move to the next tenant who completed an application.