H-776                _______________________________________________

                                                    HOUSE BILL NO. 275

                        _______________________________________________

State of Washington                              49th Legislature                              1985 Regular Session

By Representatives West, Isaacson, Sanders and Ballard

Read first time 1/28/85 and referred to Committee on Social & Health Services.

AN ACT Relating to nonpayment of rent by public assistance recipients; adding a new section to chapter 74.04 RCW; and creating a new section.

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

NEW SECTION. Sec. 1.  A new section is added to chapter 74.04 RCW to read as follows:

          (1) A landlord may recover unpaid rent from a tenant who is on public assistance under this section if the debt is reduced to judgment by a court of competent jurisdiction and notice is given under subsection (2) of this section in addition to any other notice requirements under law.

          (2) The person shall be notified of the debt by either personal service or certified mail, return receipt requested.  Personal service, return of the requested receipt, or refusal by the debtor is proof of notice.  The notice shall include a statement of the debt owed and a statement that public assistance payments may be reduced until the debt is paid.  Copies of the notice shall also be served on the department of social and health services.

          (3) Upon receipt of a writ of garnishment under chapter 7.33 RCW, the department shall deduct from subsequent assistance grants and pay to the landlord any amounts, as determined by the court, which do not exceed deductions as authorized under federal law for financial assistance programs.

NEW SECTION. Sec. 2.     If any part of section 1 of this act is found to be in conflict with federal requirements which are a prescribed  condition to the allocation of federal funds to the state, the conflicting part of section 1 of this  act is hereby declared to be inoperative solely to the extent of the conflict and with respect to the agencies directly affected, and such finding or determination shall not affect the operation of the remainder  of section 1 of this act in its application to the agencies concerned.  The rules under section 1 of this act shall meet federal requirements which are a necessary condition to the receipt of federal funds by the state.