AG Ferguson files enforcement action against apartment complex in University Place for discriminating against applicants with disabilities

Sunset Ridge Apartments refused to rent to applicants who use benefit programs that pay application fees and other housing costs

TACOMA - Attorney General Bob Ferguson filed a civil rights lawsuit today against a University Place apartment complex for illegal housing discrimination against applicants with disabilities.

Sunset Ridge Apartments claims in its advertising it offers "equal opportunity housing for all people." An investigation by the Attorney General's Wing Luke Civil Rights Division revealed that, in reality, Sunset Ridge refuses to accept applications from prospective tenants with disabilities who use benefits or subsidies that help pay their housing costs.

In a lawsuit filed today in Pierce County Superior Court, Ferguson asserts this practice violates the law in multiple ways. First, the Residential Landlord-Tenant Act bars landlords from making "any distinction" based on a prospective tenant's source of income - including benefit or subsidy programs. The Legislature amended the Residential Landlord-Tenant Act in 2018 to specifically prohibit landlords from refusing to rent to otherwise qualified tenants based on their source of income. The Attorney General's Office supported the bill, HB 2578, sponsored by Rep. Marcus Riccelli, D-Spokane.

Second, the Washington Law Against Discrimination prohibits housing practices that discriminate on the basis of disability. This includes by refusing to make reasonable accommodation to rules or policies that a person with a disability needs in order to have the same housing opportunity as a person without a disability. Third, the Consumer Protection Act prohibits unfair or deceptive practices in trade or commerce, including practices in the rental-housing industry.

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

Ferguson is asking the court to order Sunset Ridge to stop discriminating against applicants who have a disability, or who use a subsidy or benefit program to pay rent or other housing costs. Sunset Ridge also faces penalties of up to $12,500 for each violation of the Consumer Protection Act as well as liabilities under the Residential Landlord-Tenant Act of up to 4.5 times the monthly rent for the apartments they refused to rent to individuals who use subsidies.

If you believe a housing provider discriminated against you, you can file a complaint online at atg.wa.gov/file-complaint or call the office toll-free at 1-833-660-4877 and select option one.

The investigation

The Attorney General's Office started its investigation 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 would not accept Clarvida's benefits that assist tenants with disabilities in covering the initial costs to rent an apartment, which include application fees, security deposits and first and last months' rent. Clarvida screens its clients to ensure they have the means, via their own income or other subsidies, to pay their rent once they move into a rental property.

Clarvida was attempting to help a client apply for an apartment at Sunset Ridge. Sunset Ridge managers refused to accept a check from Clarvida following acceptance of their client's rental application, telling Clarvida's housing specialist they required payment of the application and a holding fee on the same day they received an application. The housing specialist then offered to make an immediate payment using a credit card or bank transfer. The manager informed the housing specialist that Sunset Ridge only accepted a check, cashier's check or money order directly from the prospective tenant. Sunset Ridge's regional manager confirmed the policy and refused to accept alternative payment options.

After learning of Clarvida's experience, an investigator with the Attorney General's Office then contacted Sunset Ridge posing as a Medicaid beneficiary who wanted to pay for an apartment through a state benefits program. The investigator told the manager they had a disability, could not pay rent with cash and needed an accommodation to the policy requiring payment via personal check, cashier's check or money order. The manager said they would not make an exception and declined to accept proposed alternative payments like a credit card or bank transfer. The manager explained Sunset Ridge would only accept personal checks, money orders or cashier's checks.

Sunset Ridge denied two separate requests from the investigator, confirming its policy each time.

Assistant Attorney General Anthony Thach, Investigator Jennifer Sievert and Paralegal Tiffany Jennings from the Wing Luke Civil Rights Division will handle the case for Washington.

Ferguson created the Wing Luke Civil Rights Division in 2015 to protect the rights of all Washington residents by enforcing state and federal anti-discrimination laws. Ferguson named the division for Wing Luke, who served as an Assistant Attorney General for the state of Washington in the late 1950s and early 1960s. He went on to become the first person of color elected to the Seattle City Council and the first Asian American elected to public office in the Pacific Northwest.

Legal resources

The Attorney General's Office provides a list of resources for renters, tenants and landlords for counties and cities across Washington state. Those resources include links to federal and state programs, legal clinics, dispute resolution programs and outside agencies that specialize in housing assistance programs. A full list of those resources is available here: https://www.atg.wa.gov/residential-landlord-tenant-resources

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Washington's Attorney General serves the people and the state of Washington. As the state's largest law firm, the Attorney General's Office provides legal representation to every state agency, board, and commission in Washington. Additionally, the Office serves the people directly by enforcing consumer protection, civil rights, and environmental protection laws. The Office also prosecutes elder abuse, Medicaid fraud, and handles sexually violent predator cases in 38 of Washington's 39 counties. Visit www.atg.wa.gov to learn more.

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