BILL REQ. #:  H-3448.1 

Prefiled 1/5/2006. Read first time 01/09/2006.   Referred to Committee on Housing.

     AN ACT Relating to background information checks performed by landlords and charged to tenants; amending RCW 59.18.257; and providing an effective date.

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

Sec. 1   RCW 59.18.257 and 1991 c 194 s 3 are each amended to read as follows:
     (1) If a landlord uses a tenant screening service, then the landlord may only charge for the costs incurred for using the tenant screening service under this section. If a landlord conducts his or her own screening of tenants, then the landlord may charge his or her actual costs in obtaining the background information, but the amount may not exceed the customary costs charged by a screening service in the general area. The landlord's actual costs may include any fees or other charges required to obtain the background information, and costs incurred for long distance phone calls and ((for time spent calling landlords, employers, and financial institutions)) facsimiles.
     (2) A landlord may not charge a prospective tenant for the cost of obtaining background information under this section unless the landlord first notifies the prospective tenant in writing of what a tenant screening entails, the prospective tenant's rights to dispute the accuracy of information provided by the tenant screening service or provided by the entities listed on the tenant application who will be contacted for information concerning the tenant, and the name and address of the tenant screening service used by the landlord.
     (3) Nothing in this section requires a landlord to disclose information to a prospective tenant that was obtained from a tenant screening service or from entities listed on the tenant application which is not required under the federal fair credit reporting act, 15 U.S.C. Sec. 1681 et seq.
     (4) Landlords must produce, upon request, proof of order and payment for any background information for which a tenant was charged. Proof may be in the form of a receipt, email confirmation, or other document produced by a screening service or from entities listed on the tenant application. The document must mention the tenant's name and social security number or date of birth.
     (5) Any landlord who violates this section may be liable to the prospective tenant for an amount not to exceed one hundred dollars. The prevailing party may also recover court costs and reasonable attorneys' fees.

NEW SECTION.  Sec. 2   This act takes effect July 1, 2006.