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Saturday, September 21, 2024

AG Ferguson sues apartment complex over alleged disability discrimination

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Attorney General Bob Ferguson | Facebook Website

Attorney General Ferguson files lawsuit against apartment complex for disability discrimination

TACOMA — Attorney General Bob Ferguson has initiated a civil rights lawsuit against Sunset Ridge Apartments in University Place, alleging illegal housing discrimination against applicants with disabilities. The suit, filed in Pierce County Superior Court, claims the apartment complex refuses to accept applications from prospective tenants who use benefits or subsidies to cover housing costs.

Despite advertising “equal opportunity housing for all people,” an investigation by the Attorney General’s Wing Luke Civil Rights Division found that Sunset Ridge does not accept applications from individuals with disabilities who rely on benefit programs to pay for application fees and other housing costs.

The lawsuit contends that this practice violates several laws. The Residential Landlord-Tenant Act prohibits landlords from making distinctions based on a tenant’s source of income, including benefit or subsidy programs. This law was amended in 2018 through HB 2578, sponsored by Rep. Marcus Riccelli, D-Spokane, with support from the Attorney General’s Office.

Additionally, the Washington Law Against Discrimination bars housing practices that discriminate based on disability. This includes refusing reasonable accommodations necessary for individuals with disabilities to have equal housing opportunities. Furthermore, the Consumer Protection Act outlaws unfair or deceptive practices in trade or commerce, which encompasses rental-housing industry practices.

“Washington is facing an affordable housing crisis,” said Ferguson. “Individuals and families who need help keeping a roof over their heads should not face discrimination for using programs made for that purpose.”

Ferguson seeks a court order to stop Sunset Ridge from discriminating against applicants with disabilities or those using subsidies to pay rent or other housing costs. The apartment complex could face penalties of up to $12,500 per violation of the Consumer Protection Act and liabilities under the Residential Landlord-Tenant Act amounting to up to 4.5 times the monthly rent for each refused rental due to reliance on subsidies.

The investigation began in April 2023 following a report from Clarvida (formerly Pathways of Washington), a community-based behavioral and social services organization. According to the complaint, Sunset Ridge refused Clarvida's benefits intended to assist tenants with disabilities in covering initial rental costs such as application fees and security deposits.

An investigator from the Attorney General’s Office posed as a Medicaid beneficiary seeking accommodation due to disability but was denied alternative payment options like credit card or bank transfer by Sunset Ridge managers who insisted on personal checks, cashier’s checks, or money orders directly from prospective tenants.

Assistant Attorney General Anthony Thach, Investigator Jennifer Sievert, and Paralegal Tiffany Jennings will handle the case for Washington.

Ferguson established the Wing Luke Civil Rights Division in 2015 to enforce state and federal anti-discrimination laws. Named after Wing Luke—an Assistant Attorney General in Washington during the late 1950s and early 1960s—the division aims to protect residents' rights across Washington state.

For legal resources related to residential landlord-tenant issues across Washington state counties and cities—including links to federal and state programs—visit: https://www.atg.wa.gov/residential-landlord-tenant-resources

The Attorney General's Office provides legal representation across various state agencies while enforcing consumer protection, civil rights, environmental protection laws; prosecuting elder abuse; Medicaid fraud; handling sexually violent predator cases; among other responsibilities.

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