The first in time law in Seattle (SMC 14.08.050) requires rental owners to publish written screening criteria with every listing, note the exact date and time each completed application arrives, screen applications in chronological order, and offer the unit to the first applicant who meets all the criteria.
That applicant then has 48 hours to accept. If they decline or do not respond, the offer moves to the next qualified applicant in line. The rule has applied citywide since January 1, 2017.
Seattle is the only city in Washington that dictates the order in which you must process rental applications. For owners used to reviewing a stack of applications and picking the strongest one, this is a fundamental change.
The good news: the process the law requires is also a clean, defensible process that protects you. This guide walks through what the ordinance demands, where owners commonly slip, and how to run a compliant lease-up.
The first in time rule was added to Seattle's Open Housing Ordinance in December 2016 and took effect January 1, 2017, with enforcement beginning July 1, 2017. The Washington State Supreme Court upheld it on November 14, 2019, so it is settled law. The Seattle Office for Civil Rights (SOCR) administers and enforces it.
At its core, SMC 14.08.050 makes it an unfair practice for an owner to fail to do four things:
Coverage matters for small owners. Per SOCR guidance, the first in time requirements do not apply to accessory dwelling units (ADUs or DADUs) or to a dwelling where the owner maintains their permanent residence.
They do apply to duplexes and triplexes even when the owner lives in one of the units; the non-owner-occupied units are treated as separate dwellings. There are also narrow exceptions when a unit is legally or voluntarily set aside for specific vulnerable populations, and that set-aside must be disclosed in your notice.
Before you collect any information about a prospective tenant, the ordinance requires notice of the criteria you will use to screen them. The notice must be in writing, or posted in the leasing office or in the building where the unit is located, and, if the unit is advertised online, on any website used to advertise it. A clearly labeled hyperlink to the full criteria is acceptable in online listings.
The notice must include:
Your criteria also have to be lawful on their own terms. Source of income is a protected class statewide under RCW 59.18.255, and any income-to-rent ratio must be applied after subtracting the portion covered by a voucher or subsidy. We cover the statewide framework in our guide to tenant screening in Washington State.
The chronological queue only works if your timestamps are accurate, so the ordinance requires you to note the date and time of every completed application. SOCR guidance fills in the mechanics:
An application is "complete" when it contains everything your published notice said was required. That is the whole test, which is why a precise document checklist in your notice matters so much. The ordinance also says a non-material omission does not render an application incomplete, so you cannot bounce an applicant down the queue over a trivial blank.
Two situations hold an applicant's place in line even before their application is complete. If someone needs extra time for language interpretation or translation, or for a disability-related accommodation, their timestamp is the date and time of the request, not the eventual submission. You may not unreasonably deny these requests, and for language-access requests you may require reasonable documentation only if you say so when granting the request.
Once applications are queued, you screen them in order. The first applicant who meets every published criterion gets the offer of tenancy. You cannot hold the offer while you screen the rest of the pool to see if someone "better" applies.
The acceptance window is fixed: the applicant has 48 hours from when the offer is made to accept. If they decline or do not respond within 48 hours, you move to the next completed application in chronological order, screen it, and if qualified, that applicant gets the same 48 hours. You repeat until someone accepts.
One more timing rule sits inside the screening step. If, after screening, you need information that was not listed in your notice, or you take an adverse action as described in RCW 59.18.257(1)(c), or you decide to conduct an individualized assessment, you must tell the applicant what you need and give them at least 72 hours to provide it. If they deliver within the window, their original timestamp stands. If they do not, you may treat the application as incomplete or reject it.
The Seattle ordinance is built on top of Washington's statewide screening statute, and the two are linked by design. RCW 59.18.257 requires that before obtaining any information about a prospective tenant, you give written notice of what information you will access, the criteria that may result in denial, the consumer reporting agency you use, and whether you accept comprehensive reusable screening reports. You may only charge a screening fee if that notice was given, and any adverse action requires a written notice in the statutory format.
SMC 14.08.050 requires the Seattle criteria notice to be provided in addition to and at the same time as the RCW 59.18.257(1) information. In practice, a Seattle listing should carry one combined disclosure: the state-required screening notice plus the city-required criteria, thresholds, document checklist, additional-time instructions, and any set-aside disclosure.
Treat these as one disclosure, not two paperwork events. Owners who split them tend to miss one of them.
SOCR investigates complaints, and remedies for violations can include rent refunds or credits, actual damages, attorney's fees, and civil penalties. These are the failure points we see most often:
Even outside Seattle city limits, we run leasing the same way, and we recommend every owner do so. Published objective criteria plus chronological processing is the cleanest defense against a discrimination claim anywhere in Washington, because it removes discretion from the decision and leaves a paper trail that shows it.
Run first-come, first-qualified everywhere, not just where the law demands it. It speeds up leasing, since applicants who can read your thresholds self-select before paying a screening fee. And it sets clear expectations, which means fewer disputes from denied applicants.
If you own units in Bellevue, Renton, Everett, or anywhere else in the Puget Sound, you are not legally bound by SMC 14.08.050. You are still bound by RCW 59.18.257, statewide source of income protections, and federal and state fair housing law, and a first-come-first-qualified process keeps you on the right side of all of them. Owners new to leasing can start with our overview of renting out your home in Seattle.
Set the criteria up front, then apply them identically to every single applicant. Consistency is the whole game. The fastest way to a Fair Housing complaint, or a non-paying resident, is making an exception on a gut feeling. Here is how we keep it disciplined:
We screen under the Fair Housing Act, Washington law, and local ordinances, including source-of-income and fair-chance rules. Lawful income like a housing voucher is counted, never penalized.
You get a real, repeatable system, not a hunch. That is what protects your home and your residents.
No. Per SOCR guidance, the first in time requirements do not apply to accessory dwelling units or detached accessory dwelling units, and they do not apply to a dwelling where the owner maintains a permanent residence. They do apply to duplexes and triplexes even if you live in one of the units.
48 hours from when the offer is made. If the applicant declines or does not respond within 48 hours, you screen the next completed application in chronological order, and a qualified applicant there gets the same 48 hours.
Yes. The ordinance does not force you to accept anyone who fails your criteria. It controls the order of processing, not the standards themselves. Your criteria must be published with minimum thresholds, applied uniformly, and consistent with fair housing law, source of income protections, and Seattle's Fair Chance Housing limits on criminal history.
Use a fair, documented method to order them and keep records of how you did it. SOCR recommends a written policy describing your process so you can explain it if a question ever arises.
SOCR investigates complaints. If it finds a violation, remedies can include eliminating the unfair practice, rent refunds or credits, actual damages, attorney's fees and costs, and civil penalties.
This article is general information, not legal advice. For questions about a specific situation under SMC 14.08.050 or RCW 59.18, consult a Washington landlord-tenant attorney.
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