ESB 6261 -
By Committee on Local Government & Housing
NOT CONSIDERED 03/11/2010
Strike everything after the enacting clause and insert the following:
"Sec. 1 RCW 35.21.217 and 1998 c 285 s 1 are each amended to read
as follows:
(1) Prior to furnishing utility services, a city or town may
require a deposit to guarantee payment for services. However, failure
to require a deposit does not affect the validity of any lien
authorized by RCW 35.21.290 or 35.67.200. A city or town may determine
how to apply partial payments on past due accounts.
(2) A city or town may provide a real property owner or the owner's
designee with duplicates of tenant utility service bills, or may notify
an owner or the owner's designee that a tenant's utility account is
delinquent. However, if an owner or the owner's designee notifies the
city or town in writing that a property served by the city or town is
a residential rental property, asks to be notified of a tenant's
delinquency, and has provided, in writing, a complete and accurate
mailing address, the city or town shall notify the owner or the owner's
designee of a residential tenant's delinquency at the same time and in
the same manner the city or town notifies the tenant of the tenant's
delinquency or by mail, and the city or town is prohibited from
collecting from the owner or the owner's designee any charges for
electric light or power services more than four months past due. When
a city or town provides a real property owner or the owner's designee
with duplicates of residential tenant utility service bills or notice
that a tenant's utility account is delinquent, the city or town shall
notify the tenant that it is providing the duplicate bills or
delinquency notice to the owner or the owner's designee.
(3) After ((January 1, 1999)) August 1, 2010, if a city or town
fails to notify the owner of a tenant's delinquency after receiving a
written request to do so and after receiving the other information
required by this subsection, the city or town shall have no lien
against the premises for the residential tenant's delinquent and unpaid
charges and is prohibited from collecting the tenant's delinquent and
unpaid charges for electric light or power services from the owner or
the owner's designee.
(4) When a utility account is in a tenant's name, the owner or the
owner's designee shall notify the city or town in writing within
fourteen days of the termination of the rental agreement and vacation
of the premises. If the owner or the owner's designee fails to provide
this notice, a city or town providing electric light or power services
is not limited to collecting only up to four months of a tenant's
delinquent charges from the owner or the owner's designee, provided
that the city or town has complied with the notification requirements
of subsection (3) of this section.
(5)(a) If an occupied multiple residential rental unit receives
utility service through a single utility account, if the utility
account's billing address is not the same as the service address of a
residential rental property, or if the city or town has been notified
that a tenant resides at the service address, the city or town shall
make a good faith and reasonable effort to provide written notice to
the service address of pending disconnection of electric power and
light or water service for nonpayment at least seven calendar days
prior to disconnection. The purpose of this notice is to provide any
affected tenant an opportunity to resolve the delinquency with his or
her landlord or to arrange for continued service. If requested, a city
or town shall provide electric power and light or water services to an
affected tenant on the same terms and conditions as other residential
utility customers, without requiring that he or she pay delinquent
amounts for services billed directly to the property owner or a
previous tenant except as otherwise allowed by law and only where the
city or town offers the opportunity for the affected tenant to set up
a reasonable payment plan for the delinquent amounts legally due. If
a landlord fails to pay for electric power and light or water services,
any tenant who requests that the services be placed in his or her name
may deduct from the rent due all reasonable charges paid by the tenant
to the city or town for such services. A landlord may not take or
threaten to take reprisals or retaliatory action as defined in RCW
59.18.240 against a tenant who deducts from his or her rent payments
made to a city or town as provided in this subsection.
(b) Nothing in this subsection (5) affects the validity of any lien
authorized by RCW 35.21.290 or 35.67.200. Furthermore, a city or town
that provides electric power and light or water services to a
residential tenant in these circumstances shall retain the right to
collect from the property owner, previous tenant, or both, any
delinquent amounts due for service previously provided to the service
address if the city or town has complied with the notification
requirements of subsection (3) of this section when applicable.
Sec. 2 RCW 35.21.290 and 1965 c 7 s 35.21.290 are each amended to
read as follows:
Except as provided in RCW 35.21.217(4), cities and towns owning
their own waterworks, or electric light or power plants shall have a
lien against the premises to which water, electric light, or power
services were furnished for four months charges therefor due or to
become due, but not for any charges more than four months past due((:
PROVIDED, That the owner of the premises or the owner of a delinquent
mortgage thereon may give written notice to the superintendent or other
head of such works or plant to cut off service to such premises
accompanied by payment or tender of payment of the then delinquent and
unpaid charges for such service against the premises together with the
cut-off charge, whereupon the city or town shall have no lien against
the premises for charges for such service thereafter furnished, nor
shall the owner of the premises or the owner of a delinquent mortgage
thereon be held for the payment thereof))."
Correct the title.