BILL REQ. #:  S-0434.2 

Read first time 01/30/09.   Referred to Committee on Human Services & Corrections.

     AN ACT Relating to local government crime-free rental housing programs; adding new sections to chapter 35.21 RCW; adding a new section to chapter 59.18 RCW; and creating new sections.

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

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 intent of this act is to provide certain requirements that a local government must follow in adopting a crime-free rental housing program and to provide landlords with a tool to stop criminal activity on their property.

NEW SECTION.  Sec. 2   A new section is added to chapter 35.21 RCW to read as follows:
     (1) A city, town, or county may adopt and implement a local government crime-free rental housing program designed to reduce crime, drugs, and gangs on rental properties by having the rental property owner or manager: Attend classes on property management; submit to a crime prevention through environmental design inspection; agree to screen all applicants and to not rent to criminals; agree not to hire known felons for work on the property; or hold a crime awareness social on the property or in the neighborhood.
     (2) A local government crime-free rental housing program shall comply with the following requirements:
     (a) Landlord involvement in a program must be on a voluntary basis. The city, town, or county implementing the program may not treat a landlord who elects not to participate in a program differently than a landlord who elects to participate in the program.
     (b) Participation in a program may not be a condition to a landlord obtaining a business license or meeting any other requirement imposed by a city, town, or county for a landlord to own and operate rental housing.
     (c) A city, town, or county implementing a program may charge a landlord an annual fee for participating in the program, but may not charge a separate fee for providing law enforcement services to a landlord's rental property.
     (d) If a program provides for education, the city, town, or county may educate landlords and tenants on crime prevention, key control and master key use, and responding to criminal activity, gangs, and drug activities. Educational programs regarding rental property leases, addendums, tenant background screening, notices, evictions, and chapters 59.12, 59.18, and 59.20 RCW may be taught by state and local associations representing landlords or experts in that particular field.
     (e) A program may not impose any requirements on how a landlord operates rental housing, including employee standards, tenant screening standards, property construction and maintenance standards, or any other activities that would normally be in the strict purview of the rental housing owner.
     (3) This section does not affect a city, town, or county's authority to enforce existing law in regard to rental housing, except in regard to a crime-free rental housing program.
     (4) As used in this section, "rental housing" means any tenancy subject to chapter 59.12, 59.18, or 59.20 RCW.

NEW SECTION.  Sec. 3   A new section is added to chapter 35.21 RCW to read as follows:
     (1) When criminal activity on a rental property is suspected or has occurred, the city, town, or county shall provide law enforcement assistance and technical assistance to rental property owners and managers to prevent further criminal activity on the property.
     (2) Rental property owners or managers may contact law enforcement to request assistance with the following:
     (a) Providing the property owner or manager with all documentation associated with the suspected or convicted criminal activity; and
     (b) Police communication with the tenant responsible for the criminal activity to clarify that the criminal activity will result in an eviction.
     (3) As used in this section, "criminal activity" means a criminal act defined by statute or ordinance that threatens the health, safety, or welfare of the tenants, owner, or property manager.

NEW SECTION.  Sec. 4   A new section is added to chapter 59.18 RCW to read as follows:
     (1) If a tenant has engaged in criminal activity, a rental property owner may terminate the tenancy immediately and may commence an unlawful detainer action under this chapter. A rental property owner seeking to evict a tenant or occupant under this section is not required to produce evidence of a criminal conviction, even if the alleged misconduct constitutes a criminal offense. The following constitute sufficient grounds for a rental property owner to evict a tenant under this section:
     (a) Notice from a law enforcement agency of criminal activity; or
     (b) Notification of the seizure of illegal drugs under RCW 59.20.155.
     (2) As used in this section, "criminal activity" means a criminal act defined by statute or ordinance that threatens the health, safety, or welfare of the tenants, owner, or property manager.

NEW SECTION.  Sec. 5   This act may be known and cited as the local government crime-free rental housing act.