HB 1187 -
By Committee on Consumer Protection & Housing
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1 A new chapter is added to Title
(1) "Housing assistance program" as follows:
RCW 43.185.010;
RCW 43.185.015;
RCW 43.185.020;
RCW 43.185.030;
RCW 43.185.050;
RCW 43.185.060;
RCW 43.185.070;
RCW 43.185.074;
RCW 43.185.076;
RCW 43.185.080;
RCW 43.185.090;
RCW 43.185.100;
RCW 43.185.110;
RCW 43.185.120;
RCW 43.185.130;
RCW 43.185.900;
RCW 43.185.910; and
RCW 43.185.911.
(2) "Affordable housing program" as follows:
RCW 43.185A.010;
RCW 43.185A.020;
RCW 43.185A.030;
RCW 43.185A.040;
RCW 43.185A.050;
RCW 43.185A.060;
RCW 43.185A.070;
RCW 43.185A.080;
RCW 43.185A.090;
RCW 43.185A.100;
RCW 43.185A.900;
RCW 43.185A.901; and
RCW 43.185A.902.
(3) "Housing policy act" as follows:
RCW 43.185B.005;
RCW 43.185B.007;
RCW 43.185B.009;
RCW 43.185B.010;
RCW 43.185B.020;
RCW 43.185B.030;
RCW 43.185B.040;
RCW 43.185B.900;
RCW 43.63A.650;
RCW 43.330.170; and
RCW 35.21.685.
(4) "Housing cooperation" as follows:
RCW 35.83.005;
RCW 35.83.010;
RCW 35.83.020;
RCW 35.83.030;
RCW 35.83.040;
RCW 35.83.050;
RCW 35.83.060; and
RCW 35.83.070.
(5) "Federally assisted housing" as follows:
RCW 59.28.010;
RCW 59.28.020;
RCW 59.28.030;
RCW 59.28.040;
RCW 59.28.050;
RCW 59.28.060;
RCW 59.28.070;
RCW 59.28.080;
RCW 59.28.090;
RCW 59.28.100;
RCW 59.28.120;
RCW 59.28.130;
RCW 59.28.900;
RCW 59.28.901; and
RCW 59.28.902.
(6) "Farm worker housing" as follows:
RCW 43.63A.500;
RCW 43.63A.505;
RCW 43.330.165;
RCW 70.114.010;
RCW 70.114.020;
RCW 70.114A.010;
RCW 70.114A.020;
RCW 70.114A.030;
RCW 70.114A.040;
RCW 70.114A.045;
RCW 70.114A.050;
RCW 70.114A.060;
RCW 70.114A.065;
RCW 70.114A.070;
RCW 70.114A.081;
RCW 70.114A.085;
RCW 70.114A.100;
RCW 70.114A.110;
RCW 70.114A.900; and
RCW 70.114A.901.
(7) "Emergency mortgage and rental assistance" as follows:
RCW 43.63A.610;
RCW 43.63A.620;
RCW 43.63A.630;
RCW 43.63A.640; and
RCW 43.63A.645.
(8) "Low-income residential weatherization and energy assistance"
as follows:
RCW 70.164.010;
RCW 70.164.020;
RCW 70.164.030;
RCW 70.164.040;
RCW 70.164.050;
RCW 70.164.060;
RCW 70.164.070;
RCW 70.164.900; and
RCW 43.330.110.
(9) "Surplus property for affordable housing" as follows:
RCW 43.63A.510;
RCW 35.21.687;
RCW 36.34.137;
RCW 43.20A.037;
RCW 47.12.063;
RCW 47.12.064;
RCW 72.09.055; and
RCW 43.19.19201.
Sec. 2 RCW 64.34.440 and 1992 c 220 s 25 are each amended to read
as follows:
(1)(a) A declarant of a conversion condominium, and any dealer who
intends to offer units in such a condominium, shall give each of the
residential tenants and any residential subtenant in possession of a
portion of a conversion condominium notice of the conversion and
provide those persons with the public offering statement no later than
((ninety)) one hundred twenty days before the tenants and any subtenant
in possession are required to vacate. The notice must:
(i) Set forth generally the rights of tenants and subtenants under
this section ((and shall));
(ii) Be delivered pursuant to notice requirements set forth in RCW
59.12.040; and
(iii) Expressly state whether there is a county or city relocation
assistance requirement for tenants or subtenants of conversion
condominiums in the jurisdiction in which the property is located. If
the county or city does have a relocation assistance requirement, the
following must also be included in the notice:
(A) The terms and conditions under which relocation assistance is
paid; and
(B) Any information or forms prescribed by the county or city by
ordinance or rule related to the relocation assistance requirement.
(b) No tenant or subtenant may be required to vacate upon less than
((ninety)) one hundred twenty days' notice, except by reason of
nonpayment of rent, waste, conduct that disturbs other tenants'
peaceful enjoyment of the premises, or act of unlawful detainer as
defined in RCW 59.12.030, and the terms of the tenancy may not be
altered during that period except as provided in (c) of this
subsection.
(c) At the declarant's option, the declarant may provide all
tenants in a single building with an option to terminate their lease or
rental agreements without cause or consequence after providing the
declarant with thirty days' notice. In such case, tenants shall
continue to have access to relocation assistance as provided in
subsection (6)(e) of this section.
(d) Nothing in this subsection shall be deemed to waive or repeal
RCW 59.18.200(2). Failure to give notice as required by this section,
or failure to pay any required relocation assistance, is a defense to
an action for possession.
(2) For sixty days after delivery or mailing of the notice
described in subsection (1) of this section, the person required to
give the notice shall offer to convey each unit or proposed unit
occupied for residential use to the tenant who leases that unit. If a
tenant fails to purchase the unit during that sixty-day period, the
offeror may offer to dispose of an interest in that unit during the
following one hundred eighty days at a price or on terms more favorable
to the offeree than the price or terms offered to the tenant only if:
(a) Such offeror, by written notice mailed to the tenant's last known
address, offers to sell an interest in that unit at the more favorable
price and terms, and (b) such tenant fails to accept such offer in
writing within ten days following the mailing of the offer to the
tenant. This subsection does not apply to any unit in a conversion
condominium if that unit will be restricted exclusively to
nonresidential use or the boundaries of the converted unit do not
substantially conform to the dimensions of the residential unit before
conversion.
(3) If a seller, in violation of subsection (2) of this section,
conveys a unit to a purchaser for value who has no knowledge of the
violation, recording of the deed conveying the unit extinguishes any
right a tenant may have to purchase that unit but does not affect the
right of a tenant to recover damages from the seller for a violation of
subsection (2) of this section.
(4) If a notice of conversion specifies a date by which a unit or
proposed unit must be vacated and otherwise complies with the
provisions of this chapter and chapter 59.18 RCW, the notice also
constitutes a notice to vacate specified by that statute.
(5) Nothing in this section permits termination of a lease by a
declarant in violation of its terms.
(6) Notwithstanding RCW 64.34.050(1), a city or county may by
appropriate ordinance require with respect to any conversion
condominium within the jurisdiction of such city or county that:
(a) In addition to the statement required by RCW 64.34.415(1)(a),
the public offering statement shall contain a copy of the written
inspection report prepared by the appropriate department of such city
or county, which report shall list any violations of the housing code
or other governmental regulation, which code or regulation is
applicable regardless of whether the real property is owned as a
condominium or in some other form of ownership; said inspection shall
be made within forty-five days of the declarant's written request
therefor and said report shall be issued within fourteen days of said
inspection being made. Such inspection may not be required with
respect to any building for which a final certificate of occupancy has
been issued by the city or county within the preceding twenty-four
months; and any fee imposed for the making of such inspection may not
exceed the fee that would be imposed for the making of such an
inspection for a purpose other than complying with this subsection
(6)(a);
(b) Prior to the conveyance of any residential unit within a
conversion condominium, other than a conveyance to a declarant or
affiliate of a declarant: (i) All violations disclosed in the
inspection report provided for in (a) of this subsection, and not
otherwise waived by such city or county, shall be repaired, and (ii) a
certification shall be obtained from such city or county that such
repairs have been made, which certification shall be based on a
reinspection to be made within seven days of the declarant's written
request therefor and which certification shall be issued within seven
days of said reinspection being made;
(c) The repairs required to be made under (b) of this subsection
shall be warranted by the declarant against defects due to workmanship
or materials for a period of one year following the completion of such
repairs;
(d) Prior to the conveyance of any residential unit within a
conversion condominium, other than a conveyance to a declarant or
affiliate of a declarant: (i) The declarant shall establish and
maintain, during the one-year warranty period provided under (c) of
this subsection, an account containing a sum equal to ten percent of
the actual cost of making the repairs required under (b) of this
subsection; (ii) during the one-year warranty period, the funds in such
account shall be used exclusively for paying the actual cost of making
repairs required, or for otherwise satisfying claims made, under such
warranty; (iii) following the expiration of the one-year warranty
period, any funds remaining in such account shall be immediately
disbursed to the declarant; and (iv) the declarant shall notify in
writing the association and such city or county as to the location of
such account and any disbursements therefrom; ((and))
(e) A declarant shall pay relocation assistance ((not to exceed
five hundred dollars per unit shall be paid)), in an amount determined
by the city or county, which in no event may exceed a total of the sum
for three months' rent of the tenant's unit as specified in the
applicable lease or rental agreement, to tenants and subtenants:
(i) Who elect not to purchase a unit ((and));
(ii) Who are in lawful occupancy for residential purposes of a
unit; and
(iii) Whose ((monthly)) annual household income from all sources,
on the date of the notice described in subsection (1) of this section,
was less than an amount equal to eighty percent of (((i))):
(A) The ((monthly)) annual median family income ((for comparably
sized households)) in the ((standard)) metropolitan statistical area,
as defined and established by the United States department of housing
and urban development, in which the condominium is located, as adjusted
for household size according to the method used for income limits by
the department; or (((ii)))
(B) If the condominium is not within a ((standard)) metropolitan
statistical area, the ((monthly)) annual median family income ((for
comparably sized households)) in the state of Washington, as defined
and determined by ((said)) the United States department of housing and
urban development, and as adjusted for household size according to the
method used for income limits by the department.
The household size of a unit shall be based on the number of
persons actually in lawful occupancy of the unit. The tenant or
subtenant actually in lawful occupancy of the unit shall be entitled to
the relocation assistance. A requirement for relocation assistance
under this subsection (6)(e) is authorized whether or not it may be
considered a tax. The declarant shall provide to the city or county a
copy of the notice required under subsection (1)(a) of this section at
the same time the notice is provided to the tenants or subtenants. The
declarant shall also provide other notices and documentation that the
city or county may require by ordinance or rule to administer the
relocation assistance requirement and verify compliance under this
section. Relocation assistance shall be paid on or before the date the
tenant or subtenant vacates and shall be in addition to any damage
deposit or other compensation or refund to which the tenant is
otherwise entitled. Unpaid rent or other amounts owed by the tenant or
subtenant to the landlord may be offset against the relocation
assistance; and
(f) Except as authorized under (g) of this subsection (6), a
declarant and any dealer shall not begin any construction, remodeling,
or repairs to any interior portion of an occupied building that is to
be converted to a condominium or the lot on which the conversion
condominium is located during the one hundred twenty-day notice period
provided for in RCW 64.34.440(1) unless all residential tenants and
residential subtenants who have elected not to purchase a unit and who
are in lawful occupancy in the building have vacated.
(g)(i) A declarant and any dealer is authorized to begin
construction, remodeling, or repairs to interior portions of an
occupied building under the following circumstances:
(A) To repair or remodel vacant units to be used as model units,
provided that the repair and remodel is limited to one model for each
unit type in the building;
(B) To repair or remodel a vacant unit or common area for use as a
sales office; and
(C) The declarant or dealer has offered existing tenants an option
to terminate an existing lease or rental agreement without cause or
consequence pursuant to subsection (1)(c) of this section and at least
one hundred twenty days have passed since tenants were notified of such
option.
(ii) All work performed under this subsection shall not violate the
tenant's or subtenant's rights of quiet enjoyment during the one
hundred twenty-day notice period.
(7) Violations of any city or county ordinance adopted as
authorized by subsection (6) of this section shall give rise to such
remedies, penalties, and causes of action which may be lawfully imposed
by such city or county. Such violations shall not invalidate the
creation of the condominium or the conveyance of any interest therein.
NEW SECTION. Sec. 3 This act takes effect August 1, 2007.
NEW SECTION. Sec. 4 This act does not apply to any conversion
condominiums for which a notice required under RCW 64.34.440(1) has
been delivered before the effective date of this act."
HB 1187 -
By Committee on Consumer Protection & Housing
On page 1, line 1 of the title, after "housing;" strike the remainder of the title and insert "amending RCW 64.34.440; adding a new chapter to Title 43 RCW; creating a new section; recodifying RCW 43.185.010, 43.185.015, 43.185.020, 43.185.030, 43.185.050, 43.185.060, 43.185.070, 43.185.074, 43.185.076, 43.185.080, 43.185.090, 43.185.100, 43.185.110, 43.185.120, 43.185.130, 43.185.900, 43.185.910, 43.185.911, 43.185A.010, 43.185A.020, 43.185A.030, 43.185A.040, 43.185A.050, 43.185A.060, 43.185A.070, 43.185A.080, 43.185A.090, 43.185A.100, 43.185A.900, 43.185A.901, 43.185A.902, 43.185B.005, 43.185B.007, 43.185B.009, 43.185B.010, 43.185B.020, 43.185B.030, 43.185B.040, 43.185B.900, 43.63A.650, 43.330.170, 35.21.685, 35.83.005, 35.83.010, 35.83.020, 35.83.030, 35.83.040, 35.83.050, 35.83.060, 35.83.070, 59.28.010, 59.28.020, 59.28.030, 59.28.040, 59.28.050, 59.28.060, 59.28.070, 59.28.080, 59.28.090, 59.28.100, 59.28.120, 59.28.130, 59.28.900, 59.28.901, 59.28.902, 43.63A.500, 43.63A.505, 43.330.165, 70.114.010, 70.114.020, 70.114A.010, 70.114A.020, 70.114A.030, 70.114A.040, 70.114A.045, 70.114A.050, 70.114A.060, 70.114A.065, 70.114A.070, 70.114A.081, 70.114A.085, 70.114A.100, 70.114A.110, 70.114A.900, 70.114A.901, 43.63A.610, 43.63A.620, 43.63A.630, 43.63A.640, 43.63A.645, 70.164.010, 70.164.020, 70.164.030, 70.164.040, 70.164.050, 70.164.060, 70.164.070, 70.164.900, 43.330.110, 43.63A.510, 35.21.687, 36.34.137, 43.20A.037, 47.12.063, 47.12.064, 72.09.055, and 43.19.19201; and providing an effective date."
EFFECT: This amendment inserts the condo conversion SSB 5031 into
HB 1187. The provisions of SSB 5031 include the following:
(1) A statutory cap of $500 on relocation assistance, allowing
local governments to establish a relocation assistance program using
their own discretion, including setting their own dollar amounts for
relocation assistance.
(2) The notice provision is increased from 90 to 120 days.
(3) A city and county are not granted a right to a moratorium on
condo conversions.
(4) Property owners are required to disclose the availability of
relocation assistance and to disclose the terms and conditions under
which it will be paid to a tenant as part of the condominium conversion
notice.
(5) An apartment owner may provide all tenants with an option to
terminate their lease, and the tenants must still have access to
relocation assistance.
(6) There is a limit on the amount that a city or county may
require a declarant to pay for relocation assistance at three times the
tenant's rent.
(7) There can be no interior construction during the 120-day notice
period, unless all tenants have vacated, purchased a unit as a condo,
or have met certain criteria. This certain criteria authorizes an
apartment owner to begin construction so long as it does not interfere
with the renter's rights of quiet enjoyment, and: (a) It is to repair
or remodel vacant units to be used as model units; (b) it is to repair
or remodel a vacant unit or common area for use as a sales office; or
(c) the apartment owner has offered existing tenants an option to
terminate an existing lease without consequence and at least 120 days
have passed since tenants were notified of such an option.