2ESSB 5742 -
By Committee on Judiciary
ADOPTED 02/28/2010
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1 The legislature finds that local
governments, landlords, and tenants working together to provide crime-free rental housing is beneficial to the public health, safety, and
welfare. The legislature is also concerned about activities and
provisions that serve to bar a person with a criminal history from
obtaining viable housing regardless of other factors that may indicate
rental stability, such as employment, rental references, or time in the
community with no further criminal activity. It is therefore the
intent of this act to provide certain requirements that a local
government must follow in adopting a crime-free rental housing program.
NEW SECTION. Sec. 2 The definitions in this section apply
throughout this chapter unless the context clearly requires otherwise.
(1) "Crime-free rental housing program" means a crime prevention
program designed to reduce crime, drugs, and gangs on rental housing
premises under the supervision of the local police department or a
crime prevention officer. The program may include, but is not limited
to: Property management and crime prevention training classes; crime
prevention through environmental design surveys; and community
awareness training.
(2) "Criminal activity" means a criminal act defined by statute or
ordinance that threatens the health, safety, or welfare of the tenants,
owner, guests, occupants, or property manager.
(3) "Local government" means any city, code city, town, or county.
(4) "Premises" has the same meaning as in RCW 59.18.030.
(5) "Rental housing" means any tenancy subject to chapter 59.12,
59.18, or 59.20 RCW.
NEW SECTION. Sec. 3 (1)(a) Except as provided in (b) of this
subsection, a local government may adopt and implement a crime-free
rental housing program within its jurisdiction in accordance with this
chapter.
(b) A crime-free rental housing program adopted and implemented by
a county is applicable only to unincorporated areas of the county.
(2) Except as provided in subsection (3) of this section, a crime-free rental housing program must be voluntary.
(3)(a) A local government may require a landlord to participate in
a crime-free rental housing program upon exceeding a reasonable
threshold of instances of criminal activity on the premises if the
landlord has not made a good faith effort to deter the criminal
activity.
(b) A good faith effort may include, but is not limited to:
(i) Service of notice on the tenant to comply or quit as allowed by
law or the commencement of an unlawful detainer action against the
tenant; and
(ii) Attendance and completion of a landlord training program
approved by the local government.
(4)(a) As a prerequisite to subsection (3) of this section, upon
the occurrence of criminal activity on the premises, the local police
department must send a notice to the landlord setting forth the
following:
(i) The date and location of the occurrence;
(ii) The nature of the occurrence; and
(iii) The name of the person who engaged in the occurrence.
(b) Notice is deemed properly delivered when it is either served
upon the landlord or a property manager of the rental property, or is
delivered by first-class mail to the last known address of the
landlord.
(5) This section does not prevent a local government from charging
a fee for participation in a crime-free rental housing program.
(6) This section does not affect a local government's authority to
enforce existing law in regard to rental housing, except in regard to
a crime-free rental housing program.
NEW SECTION. Sec. 4 A crime-free rental housing program may not
prohibit a landlord from hiring or renting to a person solely because
of the person's criminal history.
NEW SECTION. Sec. 5 (1) Except as provided in subsection (2) of
this section, this chapter supersedes and preempts all rules,
regulations, codes, statutes, or ordinances of all local governments
regarding the same subject matter. The state preemption created in
this section applies to all rules, regulations, codes, statutes, and
ordinances pertaining to crime-free rental housing programs at any
time.
(2) Section 3 of this act does not apply to rules, regulations,
codes, statutes, or ordinances adopted by local governments prior to
July 1, 2010, except as required by an order issued by a court of
competent jurisdiction pursuant to litigation regarding the rules,
regulations, codes, statutes, or ordinances.
NEW SECTION. Sec. 6 Sections 1 through 5 of this act constitute
a new chapter in Title
EFFECT: Adds a definition for "local government." Replaces references to cities, counties, towns, municipalities, and local agencies with "local government" for consistency. Specifies that a crime-free rental housing program adopted by a county only applies to unincorporated areas of the county. Replaces references to "criminal background" with "criminal history." Makes other housekeeping changes for clarity.