BILL REQ. #: S-4521.1
State of Washington | 62nd Legislature | 2012 Regular Session |
READ FIRST TIME 02/03/12.
AN ACT Relating to the use of certain unlawful detainer and protection order records to protect housing opportunities; adding a new section to chapter 59.18 RCW; creating a new section; and prescribing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1 The legislature finds that unfettered public
access to civil court records materially diminishes the ability of some
rental applicants to obtain rental housing in this state. This often
affects individuals who have sought orders of protection against
domestic violence, sexual assault, or stalking, who have been unjustly
sued for eviction, or who have acquired civil court records that are
not predictive of their suitability for residential tenancies. These
records are commonly searched and compiled by tenant screening
companies and reported to residential landlords who frequently deny
housing to applicants about whom the records pertain, often with little
or no regard for the circumstances, merits, or dispositions of the
civil litigation. Such use of court records is contrary to the public
policy of this state. Such use of court records also does not
contribute to public oversight of the administration of justice, and
tends to undermine the legitimacy of our civil courts by systematically
deterring people from appearing in court, even when they have
meritorious claims or defenses.
NEW SECTION. Sec. 2 A new section is added to chapter 59.18 RCW
to read as follows:
(1) A landlord may not refuse to renew or enter into a rental
agreement based upon a court record indicating that the tenant,
applicant, or household member was a defendant in a civil case in
which:
(a) The court entered a final order in an unlawful detainer action,
and the tenant, applicant, or household member was not found guilty of
unlawful detainer or otherwise in unlawful possession of the disputed
premises;
(b) The tenant, applicant, or household member occupied the real
property as a tenant prior to a foreclosure sale concerning the same
premises, and the action was filed less than ninety days after the
foreclosure sale;
(c) Notwithstanding any other findings or orders in the unlawful
detainer action, the tenant, applicant, or household member prevailed
on an affirmative defense, counterclaim, or setoff asserted in the
action, such as a claim for breach of an implied warranty of
habitability or breach of the covenant of quiet enjoyment; or
(d) A judgment entered solely for nonpayment of rent was entered
but was fully cured, and the tenancy was reinstated pursuant to RCW
59.12.170, 59.12.190, or 59.18.410, or any other law.
(2) A landlord who refuses to enter into a rental agreement in
violation of this section may be liable to the tenant or applicant in
a civil action for damages sustained by the tenant or applicant. The
prevailing party may also recover court costs and reasonable attorneys'
fees.
(3) It is a defense to an unlawful detainer action under chapter
59.12 RCW that the action to remove the tenant and recover possession
of the premises is in violation of subsection (1) of this section.
(4) This section does not prohibit adverse housing decisions based
upon other lawful factors within the landlord's knowledge.