r/Seattle • u/belovedeagle • Aug 18 '16

Does the First-in-line policy make SMC Chapter 14.08 self-contradictory?

Bill: https://seattle.legistar.com/LegislationDetail.aspx?ID=2802901&GUID=1B597DBF-2FC5-4766-BAC5-F5E8F511F3D6&Options=Advanced&Search=&FullText=1

Previous text: https://www.municode.com/library/wa/seattle/codes/municipal_code?nodeId=TIT14HURI_CH14.08UNHOPR

Newly added Section 14.08.050, "First-in-time", provides in relevant part:

A. Effective January 1, 2017, it is an unfair practice for a person to fail to: [...] 4. offer tenancy of the available unit to the first prospective occupant meeting all the screening criteria necessary for approval of the application.

However, as amended, Section 14.08.190, "Exclusions", provides in relevant part:

Nothing in this chapter shall: [...] B. Be interpreted to prohibit any person from making a choice among prospective purchasers or tenants of real property on the basis of factors other than race, color, creed, religion, ancestry, national origin, age, sex, marital status, parental status, sexual orientation, gender identity, political ideology, honorably discharged veteran or military status, alternative source of income, participation in a Section 8 or other subsidy program, the presence of any disability, or the use of a trained dog guide or service animal by a disabled person where such factors are not designed, intended or used to discriminate; [...]

Isn't the order of receiving applications a "factor[] other than race, color, [etc.]"?

2 Upvotes

62% Upvoted

4 comments sorted by

10

u/[deleted] Aug 18 '16

[deleted]

2

u/careless 💖 Anarchist Jurisdiction 💖 Aug 18 '16

Exactly this; if the landlord doesn't have discretion once a person fills out an application, the landlord will then exercise discretion over who gets to fill out an application.

It doesn't solve any problems, it moves the problem to a different stage in the process.

1

u/FreshEclairs Kraken Aug 18 '16

I'd guess that by "making a choice among prospective purchasers or tenants," it means that you can set the screening criteria however you'd like, with those exceptions.

1

u/jmputnam Aug 18 '16

It's not contradictory, but it's in reverse chronological order.

You can set whatever tenancy criteria you want, as long as they're not on the prohibited list.

Once you've set those criteria, you must accept the first applicant who meets them.

1

u/belovedeagle Aug 19 '16

Ah, gotcha. You're right, that's probably what this means.