5188-S AMH HO H2710

5188-S AMH HO H2710.1

SSB 5188 - H AMD ADOPTED 4-18-91

By Committee on Housing

Strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 1. (1) Upon abandonment of a mobile home by a tenant or eviction of a tenant from a mobile home park space where the mobile home occupying that space is not subject to RCW 59.20.074, the landlord may store the mobile home on the mobile home lot or in the mobile park until removal of the mobile home as provided by law. The landlord may charge rent and reasonable expenses in the amount set forth in the rental agreement for occupancy of the mobile home lot or any other area in the mobile home park by the mobile home. Any rent or other reasonable expenses owed to the landlord pursuant to this section shall be paid to the landlord prior to removal of the mobile home from the mobile home park.

(2) This section shall not affect the availability of a landlord's lien as provided in chapter 60.72 RCW.

(3) For purposes of this section, "reasonable expenses" means any routine maintenance and utility charges for which the tenant is liable under the rental agreement."

"NEW SECTION. Sec. 2. (1) Rules and regulations 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 and regulations can become effective unless the tenants consent."

"NEW SECTION. Sec. 3. 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. 4. A tenant may not sublet or assign his or her tenancy in the mobile home park without the express written consent of the landlord unless a greater right is conferred in the rental agreement. The landlord shall approve or disapprove of the subletting or the assignment on the same basis that the landlord approves or disapproves of any new tenant. Notice of approval or disapproval shall be given in writing within five working days of receiving a written request from the tenant. The landlord may not unreasonably withhold consent. Transfers of rental agreements when the tenant sells or transfers title of the mobile home are governed by RCW 59.20.073."

"NEW SECTION. Sec. 5. (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. 6. 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. 7. (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. 8. 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. 9. 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. 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 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)).

(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. A new section is added to chapter 48.18 RCW to read as follows:

Any application taken for property insurance covering a mobile home situated in a mobile home park shall include the name and address of the mobile home park owner. Contemporaneous with the payment of any claim for physical damage to the insured mobile home, the insurer shall notify the owner of the mobile home park, in writing, of such payment."

"NEW SECTION. Sec. 13. Sections 1 through 9 of this act are each added to chapter 59.20 RCW."

"NEW SECTION. Sec. 14. 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."

SSB 5188 - H AMD

By Committee on Housing

On page 1, line 1 of the title, after "relations;" strike the remainder of the title and insert "amending RCW 59.20.080 and 59.20.090; adding a new section to chapter 48.18 RCW; adding new sections to chapter 59.20 RCW; and prescribing penalties."