Washington State

House of Representatives

Office of Program Research

BILL

ANALYSIS

Civil Rights & Judiciary Committee

HB 1460

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

Brief Summary of Bill

Requires a landlord to provide a tenant at least 60 days' prior written notice of an increase in rent of more than 10 percent.
Prohibits local jurisdictions from enacting or enforcing ordinances or other provisions that prescribe notice requirements for rent increases for single-family or multiple-unit residential rental structures or sites.

Background:

The Residential Landlord-Tenant Act (RLTA) regulates the creation of residential tenancies and the relationship between landlords and tenants of residential dwelling units. The RLTA establishes rights and duties of both tenants and landlords, procedures for the parties to enforce their rights, and remedies for violations of the RLTA.

A rental agreement may establish a tenancy for a specified period of time (e.g., one year) or a periodic tenancy (e.g., month to month). A tenancy for a specified time, also called a lease, is terminated at the end of the specified period. A periodic tenancy is automatically renewed until terminated by either the tenant or the landlord according to statutory notice requirements.

A landlord may change the rent price and other terms of the tenancy by providing all the affected tenants with 30-day prior written notice of the change. A change in rent or other terms of the tenancy becomes effective at the end of the rental term, or sooner with mutual consent.

A termination of tenancy is not a change of rule. A landlord or tenant may terminate a periodic tenancy by providing written notice of termination at least 20 days prior to the end of the month.

Under the Washington Constitution, local jurisdictions have the authority to adopt and enforce public health, safety, and other laws unless in conflict with the general laws of the state. Legislation enacted in 1981 preempts local jurisdictions with respect to the imposition of controls on rent. Towns, cities, and counties are prohibited from enacting or enforcing ordinances or other provisions that regulate the amount of rent that may be charged for single-family or multiple-unit residential rental structures or sites. Exceptions apply for publicly owned or managed property and low-income rental housing property under joint public-private agreements.

Summary of Bill:

A landlord must provide each affected tenant a minimum of 60 days' prior written notice of a rent increase of more than 10 percent.

Towns, cities, and counties are prohibited from enacting or enforcing ordinances or other provisions that prescribe notice requirements for rent increases for single-family or multiple-unit residential rental structures or sites. This restriction does not apply to publicly owned or managed property and low-income rental housing property under joint public-private agreements.