Seattle’s Fair Chance Housing Ordinance (SMC 14.09) is widely misunderstood because many landlords think it’s mainly about when you can run a criminal background check.
It’s not.
It’s primarily about what you can do with criminal history information—and the safest approach is to assume that, in most Seattle rentals, criminal history cannot be used to deny housing, except in narrow circumstances.
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney regarding your specific situation.
What the Fair Chance Housing Ordinance Does
Seattle’s Fair Chance Housing Ordinance prohibits unfair practices in rental housing based on arrest records, conviction records, or criminal history.
It also prohibits advertising or policies that automatically or categorically exclude individuals with criminal records (for example, “no felons”).
According to the Seattle City Clerk’s Ordinance 125393 (creating SMC 14.09).
To learn more about how Seattle’s local rules interact with statewide landlord-tenant requirements, read Seattle Landlord-Tenant Law Guide.
The Most Important Question: Can You Run a Criminal Background Check in Seattle?
Yes.
According to the Seattle Office for Civil Rights (SOCR) Fair Chance Housing FAQ (Updated June 6, 2023), the ordinance does not prohibit landlords from running a criminal background check.
However, the restriction applies to how that information may be used.
Based on SOCR guidance, unless an exclusion applies, landlords are prohibited from taking adverse action based on criminal history—except as permitted under the registry-information pathway (sex offender registry information).
Compliance Implication: Even if you can run a criminal background check, using most criminal history to deny housing is generally prohibited in Seattle (outside narrow exceptions).
To learn more about fair housing risk and discrimination rules that can affect screening decisions, read Rental Housing Discrimination & Fair Housing Laws.
Can You Ask About Criminal History on the Application?
According to SOCR’s Fair Chance Housing FAQ, a landlord may inquire about criminal history, but cannot require the applicant to answer and cannot take adverse action because the applicant refused to answer.
Risk Note: If criminal history questions are included and an applicant is later denied, the decision may become more difficult to defend. Many Seattle housing providers remove these questions entirely to reduce compliance exposure.
To learn more about setting consistent, defensible screening standards that do not rely on prohibited factors, read Tenant Screening Criteria Guide.
The Registry-Information Exception
Seattle allows landlords to review “registry information” (sex offender registry information), but only if specific procedural requirements are followed.
According to the Seattle Office for Civil Rights Criminal History Protections guidance, landlords must:
Include registry screening in written screening criteria and provide required notice.
Establish a legitimate business reason before taking adverse action.
Allow the applicant to provide supplemental information related to rehabilitation, conduct, and context.
Based on SOCR guidance, screening for registry information is optional. Landlords are not required to conduct it.
The “Conditional Approval” Misconception
A common misconception is that landlords may conditionally approve an applicant and then deny based on criminal background findings.
Based on the Seattle Office for Civil Rights Fair Chance Housing FAQ, compliance is not determined by timing. The restriction concerns adverse action itself. Denying housing based on criminal history is generally prohibited unless it falls within the registry-information pathway or a listed exclusion.
Required Application Notice
According to SOCR guidance, landlords must include SMC 14.09 Fair Chance Housing notice language on all rental applications, including online applications.
The notice must be clearly visible and accessible to applicants.
To learn more about how Seattle rental applications should be structured to reduce compliance risk, read Seattle Rental Application Process (2026).
Enforcement and Legal Process
Can an applicant sue you in court under this ordinance?
- According to the Seattle Office for Civil Rights Fair Chance Housing FAQ, SMC 14.09 does not provide an individual right to file in court under the ordinance.
What happens instead?
- Based on the Seattle Office for Civil Rights Fair Housing Enforcement overview, complaints are handled through SOCR’s administrative enforcement process.
Exclusions: Situations Where the Ordinance May Not Apply
According to SOCR’s Fair Chance Housing FAQ, exclusions may apply in limited situations, including:
Owner-occupied single-family dwellings where the owner occupies part of the property
Certain ADU or DADU scenarios where the owner maintains a permanent residence on the same lot
Certain federally assisted housing situations where federal regulations require specific screening outcomes
A renter-facing summary is available through the City of Seattle’s Renting in Seattle Fair Chance Housing page.
Frequently Asked Questions
Can a landlord deny an applicant in Seattle because of a criminal conviction?
- Based on SOCR guidance, landlords are generally prohibited from denying housing based on criminal conviction history unless a specific exclusion applies or the decision complies with registry-information procedures.
Are criminal background checks illegal in Seattle rentals?
- No. According to SOCR, background checks are not prohibited. The limitation applies to how criminal history may be used.
Is Fair Chance Housing notice required on online applications?
- Yes. SOCR guidance requires that the notice be included on all rental applications, including digital platforms.
Can applicants sue directly under SMC 14.09?
- The ordinance does not provide a private right of action in court. Complaints are handled through the Seattle Office for Civil Rights administrative process.
How We Help
Seattle screening compliance is highly technical, and small wording or workflow errors can create meaningful exposure.
At GPS Renting, we help owners implement screening procedures designed to align with Seattle’s Fair Chance Housing requirements, including:
Application notice setup
Written screening criteria review
Registry-information compliance workflows
Want help reviewing your screening process and application language? Contact us now!