[atlas:bill]

AN ACT Relating to early termination of rental agreements; adding new sections to chapter 59.18 RCW; repealing RCW 59.18.356; and declaring an emergency.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. A new section is added to chapter 59.18 RCW to read as follows:

The definitions in this section apply throughout this section and sections 2 through 4 of this act unless the context clearly requires otherwise.

(1) "Domestic violence" has the same meaning as set forth in RCW 26.50.010.

(2) "Sexual assault" has the same meaning as set forth in RCW 70.125.030.

(3) "Stalking" has the same meaning as set forth in RCW 9A.46.110.

(4) "Qualified third party" means a police officer, licensed medical care provider, an employee of a court of the state acting in the course of his or her duties, member of the clergy, attorney, social worker, licensed mental health professional or other licensed counselor, or advocate working at an agency that assists victims of domestic violence, sexual assault, or stalking.

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

(1)(a) If a tenant notifies the landlord in writing that he or she is a victim of domestic violence, sexual assault, or stalking, and either (a)(i), (ii), or (iii) of this subsection applies, then subsection (2) of this section applies:

(i) The tenant has a valid order for protection under chapter 26.50 RCW or RCW 9A.46.040, 9A.46.050, 10.14.080, or 26.09.050;

(ii) The tenant has notified a law enforcement officer of an act or acts of domestic violence, sexual assault, or stalking; or

(iii) The tenant has consulted with a qualified third party and reported the domestic violence, sexual assault, or stalking to the qualified third party.

(b) When a copy of the order for protection, police report, or verification of consultation with or report to a qualified third party, as required under (a) of this subsection, is made available to the landlord, the tenant may terminate the rental agreement and quit the premises without further obligation under the rental agreement. However, the request to terminate the rental agreement must occur within ninety days of the most recent acts, events, or circumstances that gave rise to the protective order, report to a law enforcement officer, or consultation with or report to a qualified third party. Verification of consultation with or reporting to a qualified third party may consist of a signed statement of the qualified third party or a form routinely provided by the qualified third party for completion by clients. This form must be in substantially the following form:

.................................................................

[Name of organization, agency, clinic, professional service provider]

I am a victim of

. . . domestic violence as defined by RCW 26.50.010.

. . . sexual assault as defined by RCW 70.125.030.

. . . stalking as defined by RCW 9A.46.110.

. . . . . . . . . . . .

Signature

I have been provided with a copy of the statutes cited in section 2 of this act.

The incident(s) that I rely on in support of this declaration occurred on the following date(s): . . . . . . . . ..

I state under penalty of perjury under the laws of the state of Washington that the foregoing is true and correct. Dated at . . . . . . .(city). ., Washington, this . . . day of . . . ., 20. ..

. . . . . . . . . . . .

Signature

I verify that I have provided to the person whose signature appears above a copy of the statutory language cited above and subsequently that individual informed me of his or her status as a victim of domestic violence, sexual assault, or stalking on this . . . day of . . . ., 20. ..

. . . . . . . . . . . .

Signature of authorized officer/employee of (Organization, agency, clinic, professional service provider)

(2) A tenant who terminates a rental agreement under this section is discharged from the payment of rent for any period following the quitting date, and is entitled to a pro rata refund of any prepaid rent, and shall receive a full and specific statement of the basis for retaining any of the deposit together with any refund due in accordance with RCW 59.18.280. Other tenants who are parties to the rental agreement are not released from their obligations under the rental agreement or other obligations under this chapter.

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

(1) A landlord may not terminate a tenancy, fail to renew a tenancy, or refuse to enter into a rental agreement based on the tenant's or applicant's status as a victim of domestic violence, sexual assault, or stalking, or based on the tenant or applicant having terminated a rental agreement under section 1 of this act.

(2) A landlord who refuses to enter into a rental agreement in violation of this section may be liable to the tenant or applicant in a civil action for damages sustained by the tenant or applicant. The prevailing party may also recover court costs and reasonable attorneys' fees.

(3) It is a defense to a wrongful detainer action under chapter 59.12 RCW that the action to remove the tenant and recover possession of the premises is in violation of subsection (1) of this section.

(4) This section does not prohibit adverse housing decisions based upon other lawful factors within the landlord's knowledge.

NEW SECTION. Sec. 4. A new section is added to chapter 59.18 RCW to read as follows:

(1) A tenant screening service provider may not include information in a written or oral report to a landlord pertaining to domestic violence, sexual assault, or stalking; pertaining to the fact that the subject of the report is a victim of domestic violence, sexual assault, or stalking; or stating that the subject of the report has terminated a rental agreement under section 2 of this act.

(2) A tenant screening service provider who violates this section may be liable in a civil action for damages sustained by the subject of the report. The prevailing party may recover court costs and reasonable attorneys' fees.

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

A tenant who has obtained a court order from a court of competent jurisdiction granting him or her possession of a dwelling unit to the exclusion of one or more cotenants may request that a lock be replaced or configured for a new key at the tenant's expense. The landlord shall comply with the request and refuse to provide copies of the new keys to the tenant restrained or excluded by the court's order. This section does not release a cotenant from liability or obligations under the rental agreement.

NEW SECTION. Sec. 6. RCW 59.18.356 (Threatening behavior--Violation of order for protection--Termination of agreement--Financial obligations) and 1992 c 38 s 7 are each repealed.

NEW SECTION. Sec. 7. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately.