Can a Seattle HOA or Condo Association Approve or Reject Your Tenant?
by Platuni | 06 Oct, 2026 | 5 mins read
Platuni
06 October, 2026
5 mins read
1. Washington boards generally don't approve tenants, landlords do
Unlike a New York co-op, where the corporation's board reviews and can deny a prospective tenant directly, Washington's condominium and HOA statutes don't give boards that authority as a matter of state law. RCW 64.34.308, which sets out a condo board's general powers, covers matters like budgets, the declarant control period, and director elections, not tenant approval. The same structural reality applies under RCW 64.38 for non-condo HOAs and RCW 64.90 (WUCIOA) for newer associations.
That doesn't mean a board has no role at all. A declaration can reserve a registration requirement, a notice-and-fee process, or even a review right if the original governing documents specifically grant one, the same way a condo declaration in any state can add restrictions the base statute doesn't require. What it means is a landlord shouldn't assume a Seattle board runs anything resembling a co-op-style approval process unless that specific building's declaration says otherwise.
2. What changed in 2023, and what Seattle landlords can ask now
Seattle's Fair Chance Housing Ordinance, passed in 2017, originally banned landlords from even asking about an applicant's arrest record, conviction record, or criminal history. Three landlords and the Rental Housing Association challenged that inquiry ban in federal court. The Ninth Circuit ruled in March 2023 that banning landlords from asking about or receiving publicly available criminal history information violated the First Amendment. As of 6 June 2023, the Seattle Office for Civil Rights stopped enforcing that specific inquiry ban.
That's a meaningfully different legal landscape than New York City, where the Fair Chance for Housing Act still bars any inquiry into criminal history before a conditional offer. In Seattle, a landlord can now ask.
3. What's still off-limits under Seattle's ordinance
The 2023 ruling struck down the inquiry ban specifically. Two other pieces of the ordinance remain in effect: landlords still cannot require an applicant to disclose their criminal history, and cannot take an adverse action, denying the application, based on that history. Advertising language that automatically excludes people with a criminal record ("no felons," "clean record required") is also still prohibited.
In practice, that means a landlord can now ask the question, and possibly conduct a sex offender registry check with a documented legitimate business reason, but still cannot make the actual rental decision turn on the answer.
4. This rule is Seattle-specific, not countywide or statewide
It's easy to assume a rule this specific applies more broadly than it does. It doesn't. King County's own 2025 Analysis of Impediments to Fair Housing Choice confirms Seattle is the only city in the county that restricts criminal-history screening this way; unincorporated King County and other cities in the county have no equivalent rule. Washington's statewide Fair Chance Act is also a common point of confusion, it governs employment background checks, not housing.
5. Board authority versus landlord screening rules, side by side
| Washington condo/HOA board | Seattle landlord screening | |
|---|---|---|
| Can approve or reject a tenant by statute? | No, not under RCW 64.34, 64.38, or 64.90 | Not applicable, this is the landlord's own decision |
| Can require tenant registration or fees? | Yes, if the declaration provides for it | N/A |
| Can ask about criminal history? | N/A | Yes, since June 2023 |
| Can deny an applicant based on criminal history? | N/A | No, adverse-action ban still in effect |
| Can require disclosure of criminal history? | N/A | No, still prohibited |
6. What to document either way
Whether or not your building's declaration requires anything, keep a written record of your own screening criteria and apply it consistently across applicants. If your application process includes a criminal history question, document that the actual approval or denial decision was based on other criteria, income, credit, references, not the criminal history answer. If the building requires tenant registration, get that process and its fees in writing from the managing agent before you promise a tenant a move-in timeline.
Substantive review means an editor or reviewer checked this article against the current statute text, the Ninth Circuit's 2023 opinion, and the cited third-party guidance. Seattle's Fair Chance Housing enforcement position changed materially in 2023 and could change again with further litigation; verify the Seattle Office for Civil Rights' current enforcement position before relying on this for a screening decision. This is general information, not legal advice. Corrections: compliance@platuni.com
Frequently asked questions
Can a Seattle condo board reject my tenant application?
Generally no, Washington's condo and HOA statutes don't give boards statutory authority to approve or reject a tenant. That decision is the landlord's, unless the specific building's declaration reserves a review right the base statute doesn't require.
Can Seattle landlords ask about criminal history now?
Yes, as of 6 June 2023, after the Ninth Circuit struck down that specific inquiry ban. They still cannot require disclosure of criminal history or deny an application based on it.
Is this rule the same everywhere in King County?
No, it's Seattle-specific. Unincorporated King County and other cities in the county have no equivalent restriction on criminal-history screening.
Does Washington's Fair Chance Act apply to my tenant screening?
No, that statute governs employment background checks, not housing. It's frequently confused with Seattle's separate Fair Chance Housing Ordinance, which is the one that actually applies to rentals.
If my condo building has no tenant-approval process, can I skip screening entirely?
No, the board's lack of involvement doesn't remove your own screening obligations or the legal limits on what you can ask and act on. Those apply to you as the landlord regardless of what the board does or doesn't review.
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