1223-S

1223-S.E AMS HARG S3204.1

ESHB 1223 - S AMD - 422

By Senators Hargrove and Johnson

On page 6, beginning on line 31, strike section 5 and insert the following:

"NEW SECTION. Sec. 5. A new section is added to chapter 59.18 RCW to read as follows:

(1) Any person whose life, safety, health, or use of property is being injured or endangered by a tenant's gang-related activity may file a complaint with the police. The police shall make a determination within ten days whether or not there is probable cause to believe that the tenant is involved in gang-related activity. Upon determining there is probable cause to believe that the tenant is involved in gang-related activity the police must commence an unlawful detainer action against the tenant. The unlawful detainer action must set forth, in reasonable detail, facts and circumstances that establish probable cause to believe gang-related activity is occurring. The unlawful detainer action shall be served by delivering a copy personally to the tenant and the landlord or the landlord's agent. If the police are unable to personally serve the landlord after exercising due diligence, the police may deposit the notice and demand in the mail, postage prepaid, to the landlord's or the landlord's agent's last known address.

The police must serve the tenant engaging in the gang-related activity by delivering a copy personally to the tenant or by leaving a copy of the unlawful detainer complaint in a conspicuous location at the tenant's residence.

(2) If the court finds that the tenant was not in compliance with RCW 59.18.130(9), the court shall enter an order terminating the tenancy and requiring the tenant to vacate the premises."