H-2629.1 _______________________________________________
SUBSTITUTE HOUSE BILL 1043
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State of Washington 55th Legislature 1997 Regular Session
By House Committee on Law & Justice (originally sponsored by Representatives Schoesler, Dunn and Smith)
Read first time 03/05/97.
AN ACT Relating to the regulation of residential landlord-tenant duties; adding new sections to chapter 59.18 RCW; and creating a new section.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
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, 1997, 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, 1997, 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, 1997, 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, 1997, 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.
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