1043-S AAS 3/4/98

SHB 1043 - S COMM AMD S5168.1

By Committee on Law & Justice

                                         ADOPTED AS AMENDED 3/4/98

    Strike everything after the enacting clause and insert the following:

    "NEW SECTION. Sec. 1.  (1) The legislature finds that the important goal of maximizing local control of public policy issues sometimes needs to be balanced with the also important goal of providing predictability and consistency in laws likely to be encountered by citizens as they move or engage in business across the state.

    (2) In order to provide a substantial measure of uniformity in the application of state landlord-tenant law while recognizing the importance of the process that has already led some local jurisdictions to adopt local laws, it is the intent of the legislature that:

    (a) Local jurisdictions that have not adopted ordinances regulating residential landlord-tenant relationships before January 1, 1999, not adopt ordinances inconsistent with chapter 59.18 RCW, the state residential landlord-tenant act; and

    (b) Local laws in existence as of January 1, 1999, not be amended in a manner inconsistent with section 2 of this act.

NEW SECTION. Sec. 2.  A new section is added to chapter 59.18 RCW to read as follows:

    Except as provided in section 3 of this act, the state of Washington hereby fully occupies and preempts the field of landlord-tenant regulation within the boundaries of the state.  Local laws not  in existence as of January 1, 1999, that are inconsistent with, more or less restrictive than, or exceed or fall below the requirements of state law shall not be enacted regardless of the nature of the code, charter, or home rule status of the city, town, county, or other municipality.  Local laws in existence as of January 1, 1999, shall not be amended to create inconsistencies with this section.

    Except as provided in section 3 of this act, affirmative defenses to an unlawful detainer action that change the duties of a landlord or tenant that are inconsistent with, more or less restrictive than, or exceed or fall below the requirements of state law shall not be enacted regardless of the nature of the code, charter, or home rule status of the city, town, county, or other municipality.

NEW SECTION. Sec. 3.  A new section is added to chapter 59.18 RCW to read as follows:

    (1) Section 2 of this act does not apply to local laws that are intended to affect directly the physical safety of a residential tenant.  For purposes of this section "physical safety" means the physical health or security of a tenant.

    (2) In any proceeding to determine whether a local law directly affects physical safety, a court shall not restrict its consideration to a statement of local legislative intent or finding and shall consider whether voiding a local law as inconsistent with this chapter will result in a direct and significant increase in the risk to the physical safety of residential tenants.

    (3) Section 2 of this act does not apply to local laws that are intended to protect tenants from discrimination on the basis of race, ancestry, gender, national origin, marital status, creed, color, age, parental status, participation in a program under section eight of the United States Housing Act (42 USC 1437 (f)) as now or hereafter amended, political ideology, the presence of any sensory, mental or physical disability, or the use of a trained guide dog or service dog by a disabled person.

    (4) Section 2 of this act does not apply to local ordinances dealing with landlord-tenant relations for houseboats, floating homes, or floating home docks."

SHB 1043 - S COMM AMD

By Committee on Law & Justice

                                                    ADOPTED 3/4/98

    On page 1, line 2 of the title, after "duties;" strike the remainder of the title and insert "adding new sections to chapter 59.18 RCW; and creating a new section."

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