CERTIFICATION OF ENROLLMENT

SECOND ENGROSSED SUBSTITUTE SENATE BILL 5742

Chapter 132, Laws of 2010

61st Legislature
2010 Regular Session



CRIME-FREE RENTAL HOUSING



EFFECTIVE DATE: 06/10/10

Passed by the Senate March 8, 2010
  YEAS 46   NAYS 0

BRAD OWEN
________________________________________    
President of the Senate
Passed by the House February 28, 2010
  YEAS 95   NAYS 1

FRANK CHOPP
________________________________________    
Speaker of the House of Representatives


 
CERTIFICATE

I, Thomas Hoemann, Secretary of the Senate of the State of Washington, do hereby certify that the attached is SECOND ENGROSSED SUBSTITUTE SENATE BILL 5742 as passed by the Senate and the House of Representatives on the dates hereon set forth.

THOMAS HOEMANN
________________________________________    
Secretary
Approved March 19, 2010, 1:55 p.m.








CHRISTINE GREGOIRE
________________________________________    
Governor of the State of Washington
 
FILED
March 19, 2010







Secretary of State
State of Washington


_____________________________________________ 

SECOND ENGROSSED SUBSTITUTE SENATE BILL 5742
_____________________________________________

AS AMENDED BY THE HOUSE

Passed Legislature - 2010 Regular Session
State of Washington61st Legislature2010 Regular Session

By Senate Human Services & Corrections (originally sponsored by Senators Hargrove, McCaslin, Hobbs, Schoesler, and Hatfield)

READ FIRST TIME 02/25/09.   



     AN ACT Relating to crime-free rental housing; and adding a new chapter to Title 35 RCW.

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 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 35 RCW.


         Passed by the Senate March 8, 2010.
         Passed by the House February 28, 2010.
         Approved by the Governor March 19, 2010.
         Filed in Office of Secretary of State March 19, 2010.