Washington Bills
2EHB 1645: Addressing protection of victims of domestic violence,
sexual assault, or stalking in the rental of housing.
This legislation does not preclude a tenant screening service
or credit-reporting agency to provide complete information about
a prospective tenant’s background to include past domestic
violence activity. In its original form, when passed the House,
the bill allowed tenant information restriction (Section 5)
as it pertained to domestic violence, sexual assault or stalking
and other provisions. We feel that property owners need to have
all pertinent available information in a consolidated format
about future tenant(s).
STATUS:
2EHB 1645 PASSED both House and Senate/ Governor signed.
HB 2417/SB 6153: Notifying homebuyers or tenants of where information
regarding registered sex offenders may be obtained.
In its original form HB 2417 requires landlords to provide notice
to a tenant to call local law enforcement agencies, if they
so desire, to gain information about registered sex offenders
living in the area. There was a provision in the bill that would
not make the landlord liable in the event notice would not be
given to the tenant. However, all notice requirements were dropped
from the bill in its final form.
STATUS:
HB 2417 DEAD in the House Rules Committee
SB 6153 PASSED both House and Senate/ Delivered to the Governor
SHB 2459/SB 6187: Making supplemental operating appropriations.
The House 2004 Supplemental Operating Budget allocates $2 million
dollars for indigent civil legal representation. The Senate
2004 Supplemental Operating Budget does not include this provision.
We feel that all parties should have legal representation. However,
none of the funds allocated in the budget should be used for
lobbying purposes. There is ample “pro bono” representation
for indigent needs-additional funding may not be needed. We
feel a JLARC study should be conducted prior to any fund appropriation.
We support general fund funding versus filing fee increase funding.
STATUS:
HB 2459 Delivered to Governor
SB 6187 DEAD in the House Rules Committee
HB 2715/ SB 6402: Giving landlords the flexibility to deposit
landlord trust account funds in any financial institution.
(This bill was introduced by WAA). Allows tenant security deposits
to be deposited in a credit union account. This applies to the
Residential Landlord Tenant Act & Mobile Home Park Landlord
& Tenant Act. This bill puts into law that credit unions
are financial institutions that qualify to receive tenant security
deposits. Currently, many property owners are depositing security
deposits in credit unions. This bill will allow credit unions
to legally accept security deposits from members that are landlords.
STATUS:
HB 2715 DEAD in the House Rules Committee
SB 6402 PASSED both House and Senate/ Delivered to Governor.
SB6593: Prohibiting discrimination against consumers' choices
in housing.
Congress has preempted the regulation by the states of manufactured
housing construction standards through adoption of construction
standards for manufactured housing (42 U.S.C. Sec. 5401-5403);
and this federal regulation is equivalent to the state's uniform
building code. Finds that congress has declared that: (1) Manufactured
housing plays a vital role in meeting the housing needs of the
nation; and (2) Manufactured homes provide a significant resource
for affordable homeownership and rental housing accessible to
all Americans (42 U.S.C. Sec. 5401-5403). Declares an intent
to protect the consumers' rights to choose among a number of
housing construction alternatives without restraint of trade
or discrimination by local governments.
STATUS:
SB6593 Delivered to Governor
SB6476: Designating manufactured housing communities as nonconforming
uses.
There is concern that local jurisdictions are improperly using
zoning ordinances to eliminate existing manufactured housing
communities, a source of lower-cost housing. Provides that,
after the effective date of this act, a local government may
designate a new manufactured housing community as a nonconforming
use, but may not order the removal or phased elimination of
an existing manufactured housing community because of its status
as a nonconforming use.
STATUS:
SB6476 Delivered to Governor.
SB6649: Retaining fees for mobile/manufactured homes and factory
built housing and commercial structures.
In 2001 the Legislature created a joint legislative task force
to review the regulation of mobile/manufactured home alteration
and repair. As part of implementing the pilot project, the Department
of Labor and Industries was authorized to adopt a temporary
statewide fee schedule, allowing the department to restructure
its fees and billing process. The expiration date for the department's
authority to adopt statewide fee schedules is extended from
April 1, 2004, to April 1, 2009. Therefore, the department may
continue to operate under the fee schedule system currently
in use and is not required to revert back to the fee schedule
that was in place prior to the temporary schedule established
in 2002. The department's authority to increase fees above the
fiscal growth factor is removed. It is clarified that the bill's
purpose is not related to a pilot project and that indigent
applicants may continue to obtain fee waivers for mobile/manufactured
home alteration permits.
STATUS:
SB6649 Delivered to Governor
SHB 1012: Regarding residential landlord-tenant relationships.
Enables tenants to serve legal documents to landlords by sending,
as regular and certified, mail to either a) the address on the
property owner’s tax statement b) the address where the
tenant mails rental payments c) the address provided for service
of notice or process.
STATUS:
HB 1012 DEAD in the Senate Rules Committee.
HB 1869: Requiring performance audits for tax preferences.
This legislation would require a review on all tax breaks and
subject them to audit, to gage whether they meet their financial
goals. We will continue to monitor this bill next year, with
a lagging economy it’s too early to review tax breaks.
We support appropriate review of tax policy at a later time.
STATUS:
HB 1869 DEAD in Senate Ways & Means Committee
HB 2654: Requiring a tax expenditure report as part of the
biennial budget documents.
This bill would require a tax expenditure report detailing tax
breaks and listing them as a debt or cost on the states balance
sheet. Current practice declares that budget negotiators review
all tax proposals and each bill that has a fiscal impact requires
a fiscal impact statement. Therefore, we are not convinced this
legislation is needed.
STATUS:
HB 2654 DEAD in Senate Ways & Means Committee.
HB 2694/ SB 6467: Revising distribution of funds for operating
and maintenance of very low-income housing projects.
In its original form this bill would eliminate the 10 % vacancy
rate lid allowing funding of government subsidized apartments
in a geographic area that are economically depressed and in
competition with private sector housing. The 10% vacancy rate
is NOT repealed in its current form. It also allows vouchers
for very low-income reasons for payment or first and last months
rent and security and other deposits. Private sector apartment
owners would be disadvantaged if the 10 % vacancy rate lid was
eliminated because government funded residential housing would
be allowed to be constructed. For example, the Grays Harbor
vacancy rate for residential rental property with five units
or less is at 14%. Additionally, government subsidized housing
does not pay the same property taxes as private sector housing
therefore reducing county revenue.
STATUS:
HB 2694 DEAD in Senate Rules Committee
SB 6467 DEAD in Financial Services Institutions & Insurance
Committee
HB 2739/ SB 6244: Providing funding for certain justice system
activities.
Increases civil court filing fees in superior court from $110
to $200. The filing fee to initiate an unlawful detainer action
is currently $30. In this bill, it is raised to $50. If there
were an answer the fee would be an additional $150 for a total
of $200. There are also additional funding options allotted
to pay for law libraries in this HB 2739. Currently, Tenants
do not answer 90% of all unlawful detainers. An increase from
$30 to $50 would add a financial burden to the landlord who
is already trying to recover the rent. Additional costs may
potentially increase cost of rent.
STATUS:
HB 2739 DEAD in the House Judiciary Committee
SB 6244 DEAD in the Senate Judiciary Committee
HB 2870: Making available relocation assistance payments to
low-income tenants.
This legislation deals with penalties to landlords who do not
maintain properties in a lawful manner and also makes the landlord
financially responsible for tenant relocation. The Residential
Landlord & Tenant Act currently offers resolution for tenants
that live in buildings that do not meet code requirements and
other violations. Additional laws are not needed.
STATUS:
HB 2870 DEAD in the Senate Financial Institutions, Insurance
& Housing Committee
HB 3076: Providing property tax relief.
The intent of this bill is to create a “homestead exemption”
that would reduce a certain percentage of the property tax for
homeowners. We oppose legislation that would shift the property
tax from homeowners to commercial office and apartment buildings
and other homeowners. It would be unconstitutional because our
state constitution states all property owners be evaluated as
“one class.” This bill would open the poor to “split
roll evaluation” or property tax.
STATUS:
HB 3076 DEAD in the House Finance Committee
HB3082: Resolving manufactured/mobile home landlord and tenant
disputes.
Declares an intent to provide a less costly and lengthy way
for manufactured/mobile home landlords and tenants to resolve
disputes, and to provide a mechanism for state authorities to
quickly locate owners of manufactured housing communities. Declares
an intent to authorize the department of licensing to register
mobile home parks or manufactured housing communities, conduct
investigations, issue citations, and impose fines for violations
of the manufactured/mobile home landlord-tenant act. Requires
landlords and tenants to cooperate with the department in the
course of an investigation by: (1) Furnishing any papers or
documents requested; (2) Furnishing in writing an explanation
covering the matter contained in a complaint when requested
by the department; (3) Allowing authorized access to department
representatives for inspection of mobile home parks/manufactured
housing community facilities relevant to the alleged violation
being investigated; or (4) Responding to subpoenas issued by
the department. Declares that a failure to cooperate with the
department in the course of an investigation is a violation
of this act. Requires all mobile home parks and manufactured
housing communities to be registered with the department. Requires
each owner of a mobile home park/manufactured housing community
to pay to the department an annual registration fee to fund
the costs associated with administering this act.
STATUS:
HB3082 DEAD in House Rules Committee
SB 5082: Reducing property values by amounts spent on certain
fees.
This bill clarifies the definition and calculation of property
tax(s). It exempts impact fees, mitigation fees and system improvement
charges and recalculates them at a lower level. These fees are
for new construction only (no fiscal note requested on the bill).
We support legislation that fairly reduces property tax by ensuring
that property owners don’t pay twice or pay more on taxes
that they have already paid.
STATUS:
SB 5082 DEAD in Senate Ways & Means Committee
SB5384: Regulating utility services and connection charges
for certain mobile home parks.
Prohibits a utility provider from requiring an existing mobile
home park to pay certain utility charges until the mobile home
park connects to the utility.
STATUS:
SB5384 DEAD in the Senate Rules Committee.
SSB 5553: Creating a procedure for landlords to immediately
evict tenants involved in criminal activity.
This bill calls for immediate eviction of tenants who are involved
in criminal actions or unlawful civil disruptions. We support
legislation that protects both tenants and landlords against
those tenants who are involved in drug activity, malicious destruction,
domestic violence, drug manufacturing, public disturbance and
other actions.
STATUS:
SSB 5553 DEAD in the Senate Ways & Means Committee.
SB5866: Requiring that utility service charges of tenants be
collected from the tenant.
Declares that all charges made for utility services must be
charged to the customer who contracts for the services. In cases
where the service contract is with the tenant of a property,
collection of charges must be made from the tenant, and liens
against the property owner are prohibited. A city, county, or
town may not refuse to provide service to a residential customer
who is a tenant based on the nonpayment for services by the
prior customer. The city, county, or town may refuse to provide
service if the prior nonpaying customer continues to reside
in the premises.
Senator Bob Morton, Chairman of the Senate Natural Resources,
Energy and Water committee will be conducting a study on this
issue over the interim.
STATUS:
SB5866 DEAD in the Senate Natural Resources, Energy & Water
SB6477: Imposing impact fees on manufactured housing communities.
There is concern about the way in which impact fees are imposed
on manufactured housing communities among local jurisdictions
and that some jurisdictions treat these communities like single-family
residential housing, but their impact is more like that of multifamily
housing. If passed SB6477 allow Manufactured housing communities
to be declared as attached, multifamily housing units for purposes
of imposing impact fees.
STATUS:
SB6477 DEAD in Senate Land Use & Planning
SB6511: Prohibiting restrictions on the location of manufactured
homes based exclusively on age and dimensions.
There is concern about restrictions on the location of manufactured
housing that is based exclusively on age or dimension of the
housing.
SB6511 provides that no county, city, town, or code city may
enact any statute or ordinance that restricts the location of
manufactured homes in manufactured housing communities based
exclusively on the age or dimensions of the manufactured home.
STATUS:
SB6511 DEAD in the Senate Financial Services, Insurance Housing
SB6512: Filing a claim of lien for utility services against
the owner of a manufactured housing community.
This legislation provides that, if a tenant in a manufactured
housing community, as defined under RCW 59.20.030, fails to
pay for services and a claim of lien is filed against the premises,
then execution of the lien is the exclusive remedy and assignment
of the outstanding service charges to a collection agency is
prohibited.
STATUS:
SB6512 DEAD Senate Financial Services, Insurance Committee.
SB 6519: Regulating third party utility billings.
Allows a methodology in the event a residential property owner
would like to utilize a third party billing for dispersement
of utility bills. It also clarifies that the third party billing
company is liable for any mistakes or oversights in the calculations
of the tenants’ portion of the utility bill. It would
allow no more than $2 per utility per month and not to excess
a cumulative service charge of $5 for the entire bill. Dispute
resolution procedures are outlined under the Residential Landlord
Tenant and Mobile Home Park Landlord Tenant Act. We will continue
to monitor this legislation.
STATUS:
SB 6519 DEAD in the House Technology, Telecommunications &
Energy
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