BILL REQ. #:  S-3990.3 

READ FIRST TIME 02/05/10.   

     AN ACT Relating to utility services collections against rental property; and amending RCW 35.21.217 and 35.21.290.

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

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 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 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. When a city or town provides a real property owner or the owner's designee with duplicates of 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. 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 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.

Sec. 2   RCW 35.21.290 and 1965 c 7 s 35.21.290 are each amended to read as follows:
     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)). However, if a real property owner or the owner's designee notifies the city or town providing electric light or power services in writing that the property served by the city or town is a 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 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 owner's designee any charges for electric light or power services more than four months past due. Before disconnecting utility services, a city or town shall determine whether the property served is rental property and if so, whether the customer of record is the real property owner or a tenant. When the city or town has reasonable grounds to believe that the property served is rental property and the customer of record is the real property owner and not the tenant, the city or town shall undertake reasonable efforts to inform the tenant of the impending disconnection at the same time and in the same manner that it notifies the customer of record. This notice shall inform the tenant that, upon request, the city or town shall delay the disconnection of services for ten business days to give the tenant an opportunity to resolve the delinquency or dispute with his or her landlord or to arrange for continued service by opening his or her own utility service account. A city or town shall provide utility services to a tenant on the same terms and conditions as other utility customers, without requiring that he or she pay delinquent amounts for services previously provided to the rental property and owed by the landlord or a previous tenant.