HOUSE BILL REPORT

HB 1683

BYRepresentatives Cantwell, Todd, Ebersole, Crane, Dorn and Sayan

Amending mobile home landlord-tenant provisions.

House Committe on Housing

Majority Report:  The substitute bill be substituted therefor and the substitute bill do pass.  (7)

      Signed by Representatives Nutley, Chair; Leonard, Vice Chair; Armstrong, Barnes, Todd, J. Williams and Wineberry.

Minority Report:  Do not pass.  (1)

      Signed by Representative Sanders.

House Staff:Charlie Gavigan (786-7340)

AS REPORTED BY COMMITTEE ON HOUSING FEBRUARY 4, 1988

BACKGROUND:

The Mobile Home Landlord-Tenant Act (the act) was originally passed in 1977, and has been amended several times.  The act addresses issues between the owners of mobile homes who rent the space on which the homes are placed (tenants) and the owners of the land on which the mobile homes are placed (landlords).

The act lists general provisions, defines the duties of landlords and tenants, provides for remedies for landlords and tenants, makes mediation mandatory in some cases, and makes mediation and arbitration optional in most cases.

The general provisions include the requirement that the rental agreements be in writing and contain certain information, and that the rental agreement cannot contain other specified information or statements.  The tenant must be offered at least a one year term, and if the tenant chooses a shorter term, the tenant must waive the right to a one year term in writing.

When a landlord violates the act, a tenant's basic remedies under the act are:  (1) Where the landlord has failed to make a repair, after notice to the landlord and the expiration of a statutory period for the landlord to make the repair, either: (a) the tenant can, after obtaining two bids, hire a contractor to do the repair and deduct the cost from the rent due (this is limited to one month's rent in a twelve month period), or (b) the tenant can go to court or arbitration and have determined the decreased value of the rental due to the needed repair, which the tenant then pays from the time the tenant gave notice of the needed repair to the landlord until the landlord makes the repair (the court or arbitrator can also authorize the tenant to make the repair, limited to one month's rent in a calendar year); and (2) Where the landlord has not returned the security deposit to the tenant within 14 days from the end of the tenancy or sent the tenant an explanation why the full deposit is not being returned, the landlord is liable for the full deposit.

If a tenant fails to perform a duty, a landlord's primary remedies under the act are:  (1) To keep the security deposit; and (2) To evict the tenant through an unlawful detainer action.

SUMMARY:

SUBSTITUTE BILL:  Additional civil remedies are provided when violation of the Mobile Home Landlord-Tenant Act occurs.

A court or arbitrator may award $100 or actual damages, whichever is greater, to a tenant when the landlord has violated the rental agreement provisions of the act.  The landlord is given a reasonable amount of time to correct the deficiency after receiving notice.

A court or arbitrator may award $500 or actual damages, whichever is greater, when the landlord has failed to make a repair and a court or arbitrator has determined that the value of the rental has diminished because of the landlord's failure to make the repair.

A local government may fine a park owner for not fixing violations to health and sanitation standards when the local government has tried to enforce these standards.  The fine can be up to $100 per day, depending on the seriousness of the violation.

SUBSTITUTE BILL COMPARED TO ORIGINAL: Additional remedies are optional for the court or arbitrator, rather than mandatory.  Instead of providing for an injunction, the local government's ability to monetarily penalize park owners for not repairing health and sanitation problems is enhanced.

Fiscal Note:      Not Requested.

House Committee ‑ Testified For:    Mary Dickerson, Mobile Home Owners Association; and John Jensen, Washington Mobile Home Owners of America.

House Committee - Testified Against:      John Woodring, Washington Mobile Park Owners Association; and Gary McFadden, Washington Mobile Park Owners Association.

House Committee - Testimony For:    The added monetary penalties will act as motivation for park owners to comply with the law.  The injunction will help address health and sanitation violations in mobile home parks.

House Committee - Testimony Against:      Added penalties should not be mandatory but should be optional for the court or arbitrator.  Remedies currently in the act are sufficient.  The health department enforcement should be improved if that is an issue rather than creating an injunction.