_______________________________________________
SUBSTITUTE
HOUSE BILL 1043
_______________________________________________
AS
AMENDED BY THE SENATE
Passed
Legislature - 1998 Regular Session
State of Washington 55th
Legislature 1997 Regular Session
By
Read first time 03/05/97.
Requiring
the state landlord/tenant act to preempt all other local landlord/tenant
acts.
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, 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.
