BP BHEAD INT H

AN ACT Relating to the mobile home landlord-tenant act; amending RCW 59.20.070, 59.20.075, 59.20.080, and 59.20.090; adding new sections to chapter 59.20 RCW; and prescribing penalties.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. (1) Rules are enforceable against a tenant only if:

(a) Their purpose is to promote the convenience, safety or welfare of the residents, protect and preserve the premises from abusive use, or make a fair distribution of services and facilities made available for the tenants generally;

(b) They are reasonably related to the purpose for which they are adopted;

(d) They are not for the purpose of evading an obligation of

the landlord;

(e) They are not retaliatory or discriminatory in nature; and

(f) They are sufficiently explicit in prohibition, direction,

or limitation of the tenants' conduct to fairly inform the tenants of what the tenants must do to comply.

(2) At least thirty days' written notice must be provided to all tenants in the mobile home park before any changes, additions, deletions, or amendments to the rules can become effective unless the tenants consent.

NEW SECTION. Sec. 2. If the tenant fails to comply with RCW 59.20.140, and the noncompliance can substantially affect the health and safety of the tenant or other tenants, or substantially increase the hazards of fire or accident that can be remedied by repair, replacement of a damaged item, or cleaning, the tenant shall comply within fifteen days after the sending of written notice by the landlord specifying the noncompliance, or, in the case of emergency as promptly as conditions require. If the tenant fails to remedy the condition in noncompliance within that period the landlord may enter the mobile home lot and cause the work to be done in a skillful manner, and submit an itemized bill of the actual and reasonable cost of repair. The bill may be made payable on the next date when periodic rent is due, or on terms that are mutually agreed to by the landlord and tenant, or immediately if the tenancy is terminated.

NEW SECTION. Sec. 3. (1) If a court finds as a matter of law that:

(a) A rental agreement, or any clause of it, was unconscionable at the time it was made, it may refuse to enforce the rental agreement or it may enforce the remainder of the rental agreement without the unconscionable clause. The court may also limit the application of the unconscionable clause to avoid any unconscionable result.

(b) A settlement in which a party waives or agrees to forego a claim or right under this chapter or under the rental agreement was unconscionable at the time it was made, the court may refuse to enforce the settlement, or it may enforce the remainder of the settlement without the unconscionable provision. The court may also limit the application of any unconscionable provision to avoid an unconscionable result.

(2) When it is claimed or appears to the court that the rental agreement or settlement, or any clause of it, may be unconscionable, the parties shall be afforded an opportunity to present evidence as to the setting, purpose, and effect to aid the court in making its determination.

NEW SECTION. Sec. 4. If a landlord intentionally causes the termination or interruption of any tenant's utility services, including water, heat, electricity, or gas, except when an interruption of a reasonable duration is required to make necessary repairs, then the tenant may require the restoration of the utility services or terminate the rental agreement, and in either case maintain an action for damages. Damages shall be the actual damages sustained, and up to one hundred dollars for each day or part thereof the tenant is deprived of any utility service.

A landlord shall give the tenants at least twenty-four hours' notice in writing whenever possible when planned repairs of a utility service which the mobile home park provides will cause an interruption of the utility service.

It shall be unlawful for a tenant to intentionally cause the termination or interruption of utility services provided by the landlord, including water, heat, electricity, or gas, excepting as resulting from the normal occupancy of the premises. If a tenant intentionally causes the termination or interruption of utility services in violation of this section, the tenant shall be liable for any actual damages sustained, and up to one hundred dollars for each day or part thereof that the utility services are unavailable.

NEW SECTION. Sec. 5. (1) If a landlord uses a rental agreement containing provisions known by the landlord to be prohibited under RCW 59.20.060(2), then the tenant may recover actual damages sustained or one hundred dollars, whichever is greater.

(2) If a landlord violates the right of entry provided in RCW 59.20.130(7), after receiving notice from the tenant in writing of a violation of this right, then the tenant may recover actual damages or one hundred dollars, whichever is greater, for each violation.

(3) If a landlord retaliates against a tenant in violation of RCW 59.20.070(4), a court in its discretion may award an amount not to exceed five hundred dollars for each violation in addition to actual damages sustained.

(4) If a landlord violates other provisions of RCW 59.20.070, then the tenant may recover actual damages or one hundred dollars, whichever is greater, for each violation.

(5) A tenant may recover his or her actual damages when the landlord violates other provisions of this chapter.

NEW SECTION. Sec. 6. Any person who violates the terms of a restraining order or an injunction issued by a court to prevent violations of this chapter, or any of the terms of an assurance of voluntary compliance duly filed in court, shall pay to the court a civil penalty not to exceed one thousand dollars for each violation. For the purposes of this section, the court issuing the restraining order or injunction, or in which an assurance of voluntary compliance is filed, shall retain jurisdiction over the action.

NEW SECTION. Sec. 7. The attorney general may bring an action in the name of the state against any person to restrain and prevent the doing of any act prohibited or declared to be unlawful in this chapter. The prevailing party may, in the discretion of the court, recover the costs of the action including a reasonable attorney's fee.

Sec. 8. RCW 59.20.070 and 1987 c 253 s 1 are each amended to read as follows:

A landlord shall not:

(1) Deny any tenant the right to sell such tenant's mobile home within a park or require the removal of the mobile home from the park because of the sale thereof. Requirements for the transfer of the rental agreement are in RCW 59.20.073;

(2) Restrict the tenant's freedom of choice in purchasing goods or services but may reserve the right to approve or disapprove any exterior structural improvements on a mobile home space: PROVIDED, That door-to-door solicitation in the mobile home park may be restricted in the rental agreement;

(3) Restrict tenants from forming "blockwatch" groups or other similar groups for security purposes that are recognized by a local law enforcement agency;

(4) Prohibit meetings by tenants of the mobile home park to discuss mobile home living and affairs, including forums for or speeches of public officials or candidates for public office held in any of the park community or recreation halls if these halls are open for the use of the tenants, conducted at reasonable times and in an orderly manner on the premises, or prohibit any public official or candidate from meeting with or distributing information to tenants at their individual mobile homes, nor penalize any tenant for participation in such activities;

((~~(4)~~)) (5) Evict a tenant, terminate a rental agreement, decline to renew a rental agreement, increase rental or other tenant obligations, decrease services, or modify park rules in retaliation for any of the following actions on the part of a tenant taken in good faith:

(a) Filing a complaint with any state, county, or municipal governmental authority relating to any alleged violation by the landlord of an applicable statute, ((~~regulation~~)) rule, or ordinance;

(b) Requesting the landlord to comply with the provision of this chapter or other applicable statute, ((~~regulation~~)) rule, or ordinance of the state, county, or municipality;

(d) Participation or membership in any homeowners association or group;

((~~(5)~~)) (6) Charge to any tenant a utility fee in excess of actual utility costs or intentionally cause termination or interruption of any tenant's utility services, including water, heat, electricity, or gas, except when an interruption of a reasonable duration is required to make necessary repairs;

((~~(6)~~)) (7) Remove or exclude a tenant from the premises unless this chapter is complied with or the exclusion or removal is under an appropriate court order; or

((~~(7)~~)) (8) Prevent the entry or require the removal of a mobile home for the sole reason that the mobile home has reached a certain age. Nothing in this subsection shall limit a landlords' right to exclude or expel a mobile home for any other reason provided such action conforms to chapter 59.20 RCW or any other statutory provision.

Sec. 9. RCW 59.20.075 and 1984 c 58 s 3 are each amended to read as follows:

Initiation by the landlord of any action listed in RCW 59.20.070((~~(4)~~))(5) within one hundred ((~~twenty~~)) eighty days after a good faith and lawful act by the tenant or within one hundred ((~~twenty~~)) eighty days after any inspection or proceeding of a governmental agency resulting from such act, shall create a rebuttable presumption affecting the burden of proof, that the action is a reprisal or retaliatory action against the tenant: PROVIDED, ((That if the court finds that the tenant made a complaint or report to a governmental authority within one hundred twenty days after notice of a proposed increase in rent or other action in good faith by the landlord, there is a rebuttable presumption that the complaint or report was not made in good faith: PROVIDED FURTHER,)) That no presumption against the landlord shall arise under this section, with respect to an increase in rent, if the landlord, in a notice to the tenant of increase in rent, specifies reasonable grounds for ((~~said~~)) the increase, which grounds may include a substantial increase in market value due to remedial action under this chapter.

Sec. 10. RCW 59.20.080 and 1989 c 201 s 12 are each amended to read as follows:

(1) ((~~Except as provided in subsection (2) of this section, the~~)) A landlord shall not terminate or fail to renew a tenancy, of whatever duration except for one or more of the following reasons:

(a) Substantial violation, or repeated or periodic violations of the rules of the mobile home park as established by the landlord at the inception of the tenancy or as assumed subsequently with the consent of the tenant or for violation of the tenant's duties as provided in RCW 59.20.140. The tenant shall be given written notice to cease the rule violation immediately. The notice shall state that failure to cease the violation of the rule or any subsequent violation of that or any other rule shall result in termination of the tenancy, and that the tenant shall vacate the premises within fifteen days: PROVIDED, That for a periodic violation the notice shall also specify that repetition of the same violation shall result in termination: PROVIDED FURTHER, That in the case of a violation of a "material change" in park rules with respect to pets, tenants with minor children living with them, or recreational facilities, the tenant shall be given written notice under this chapter of a six month period in which to comply or vacate;

(b) Nonpayment of rent or other charges specified in the rental agreement, upon five days written notice to pay rent and/or other charges or to vacate;

(c) Conviction of the tenant of a crime, commission of which threatens the health, safety, or welfare of the other mobile home park tenants. The tenant shall be given written notice of a fifteen day period in which to vacate;

(d) Failure of the tenant to comply with local ordinances and state laws and regulations relating to mobile homes or mobile home living within a reasonable time after the tenant's receipt of notice of such noncompliance from the appropriate governmental agency;

(e) Change of land use of the mobile home park including, but not limited to, conversion to a use other than for mobile homes or conversion of the mobile home park to a mobile home park cooperative or mobile home park subdivision: PROVIDED, That the landlord shall give the tenants twelve months' notice in advance of the effective date of such change, except that for the period of six months following April 28, 1989, the landlord shall give the tenants eighteen months' notice in advance of the proposed effective date of such change;

(f) Engaging in "drug-related activity." "Drug-related activity" means that activity which constitutes a violation of chapter 69.41, 69.50, or 69.52 RCW. A park owner seeking to evict a tenant pursuant to this subsection need not produce evidence of a criminal conviction, even if the alleged misconduct constitutes a criminal offense. Notice from a law enforcement agency of drug activity pursuant to RCW 59.20.155 shall constitute sufficient grounds, but not the only grounds, for an eviction under this subsection. If drug-related activity is alleged to be a basis of termination, the park owner may proceed directly to an unlawful detainer action; or

(g) The tenant's application for tenancy contained a material misstatement which induced the park owner to approve the tenant as a resident of the park, and the park owner discovers and acts upon the misstatement within one year of the time the resident began paying rent.

(2) ((A landlord may terminate any tenancy without cause. Such termination shall be effective twelve months from the date the landlord serves notice of termination upon the tenant or at the end of the current tenancy, whichever is later: PROVIDED, That a landlord shall not terminate a tenancy for any reason or basis which is prohibited under RCW 59.20.070 (3) or (4) or is intended to circumvent the provisions of (1)(e) of this section.

~~(3)~~)) Within five days of a notice of eviction as required by subsection (1)(a) ((~~or (2)~~)) of this section, the landlord and tenant shall submit any dispute((~~, including the decision to terminate the tenancy without cause,~~)) to mediation. The parties may agree in writing to mediation by an independent third party or through industry mediation procedures. If the parties cannot agree, then mediation shall be through industry mediation procedures. A duty is imposed upon both parties to participate in the mediation process in good faith for a period of ten days for an eviction under subsection (1)(a) of this section((~~, or for a period of thirty days for an eviction under subsection (2) of this section~~)). It is a defense to an eviction under subsection (1)(a) ((~~or (2)~~)) of this section that a landlord did not participate in the mediation process in good faith.

Sec. 11. RCW 59.20.090 and 1980 c 152 s 2 are each amended to read as follows:

(1) Unless otherwise agreed rental agreements shall be for a term of one year. Any rental agreement of whatever duration shall be automatically renewed for the term of the original rental agreement, unless:

(a) A different specified term is agreed upon; or

(b) The landlord serves notice of termination ((without cause upon the tenant prior to the expiration of the rental agreement: PROVIDED, That under such circumstances, at the expiration of the prior rental agreement the tenant shall be considered a month-to-month tenant upon the same terms as in the prior rental agreement until the tenancy is terminated)) for one of the reasons set forth in RCW 59.20.080.

(2) A landlord seeking to increase the rent upon expiration of the term of a rental agreement of any duration shall notify the tenant in writing three months prior to the effective date of any increase in rent((: PROVIDED, That if a landlord serves a tenant with notice of a rental increase at the same time or subsequent to serving the tenant with notice of termination without cause, such rental increase shall not become effective until the date the tenant is required to vacate the leased premises pursuant to the notice of termination or three months from the date notice of rental increase is served, whichever is later)).

(3) A tenant shall notify the landlord in writing one month prior to the expiration of a rental agreement of an intention not to renew.

(4)(a) The tenant may terminate the rental agreement upon thirty days written notice whenever a change in the location of the tenant's employment requires a change in his residence, and shall not be liable for rental following such termination unless after due diligence and reasonable effort the landlord is not able to rent the mobile home lot at a fair rental. If the landlord is not able to rent the lot, the tenant shall remain liable for the rental specified in the rental agreement until the lot is rented or the original term ends;

(b) Any tenant who is a member of the armed forces may terminate a rental agreement with less than thirty days notice if he receives reassignment orders which do not allow greater notice.

NEW SECTION. Sec. 12. Sections 1 through 7 of this act are each added to chapter 59.20 RCW.

NEW SECTION. Sec. 13. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.