S-0211.2  _______________________________________________

                         SENATE BILL 5091

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State of Washington      55th Legislature     1997 Regular Session

By Senators Roach, Swecker and Winsley

Read first time 01/14/97.  Referred to Committee on Law & Justice.

Providing for uniformity in the application of real property laws to ensure fairness and due process.

    AN ACT Relating to the jurisdiction of district and superior courts over real property; adding a new section 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 declares that multiple and sometimes inconsistent landlord-tenant laws result in unfair determinations in both district and superior courts of this state resulting in the denial of due process.

    (2) In order to provide for uniform fairness and due process in the application of state law, it is the intent of the legislature that local political subdivisions and courts of the state apply the state's real property laws in a uniform manner in order to ensure due process for all residents of the state.

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

    The state of Washington hereby fully occupies and preempts the entire field of landlord-tenant regulation within the boundaries of the state.  Local laws that are inconsistent with, more restrictive than, or exceed the requirements of state law shall not be enacted and are preempted and repealed, regardless of the nature of the code, charter, or home rule status of the city, town, county, or other municipality.

    Affirmative defenses to an unlawful detainer action that change the duties of a landlord or tenant that are inconsistent with, more restrictive than, or exceed the requirements of state law shall not be enacted and are preempted and repealed, regardless of the nature of the code, charter, or home rule status of the city, town, county, or other municipality.

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