US judge upholds Seattle renter protections

SEATTLE (AP) – A federal judge has upheld tenant protection passed by Seattle City Council in 2017 and found it to be a sensible approach to reducing housing discrimination.

The protective measures that are anchored in the Fair Chance Housing Ordinance prohibit most landlords from inquiring about the criminal record of tenants or potential tenants, from evicting tenants or from refusing tenants an apartment due to a criminal record.

The city said it is trying to break down the barriers to housing for people with a criminal record and to reduce housing discrimination, as people of color are disproportionately represented in the criminal justice system.

A group of landlords sued in 2018 for violating their rights to freedom of expression – because the law prohibited them from asking about criminal records – as well as property rights.

US District Judge John C. Coughenour ruled in favor of the city on Tuesday.

“The ordinance is a sensible means of achieving the city’s goals and does not weigh much more on the speech than is necessary to achieve those goals,” he wrote.

City officials celebrated the verdict. Councilor Lisa Herbold, a sponsor of the law, said banning people who have served their sentences from being blocked from placement is a “recipe for relapse”.

“A criminal conviction shouldn’t be a life sentence to live on the street,” City Attorney Pete Holmes said in a press release. “Access to housing is at the core of stabilizing a person’s life, so I am grateful to the judge for setting the tone for the legal ruling today.”

Ethan Blevins, an attorney for the Pacific Legal Foundation, which represents the landlords, said he is awaiting an appeal. It was unfair for the city to forbid private property owners from reviewing previous convictions of rental applicants when the city itself is reviewing criminal records in some contexts, such as licensing taxi drivers.

“We are confident that this will be an argument that will prevail,” said Blevins on appeal.