5376-S AMS BENT S2086.2
SSB 5376 - S AMD 102
By Senator Benton
Strike everything after the enacting clause and insert the following:
NEW SECTION.  Sec. 1.  "A new section is added to chapter 59.18 RCW to read as follows:
A court may order the sealing of the court file of an unlawful detainer action only on the motion of any of the defendants and a decision by the court if the court finds that the plaintiff's case is sufficiently without basis in fact or law, which may include lack of jurisdiction over the case or any of the defendants, that the case was not initiated in good faith, or that any of the defendants prevailed in the action. The court may order the court file to be sealed if the court makes and enters written findings that the sealing is justified by compelling privacy or safety concerns that outweigh the public interest in access to the court record.
Sec. 2.  RCW 59.18.580 and 2013 c 54 s 1 are each amended to read as follows:
(1) A tenant screening service provider may not: (a) Disclose a tenant's, applicant's, or household member's status as a victim of domestic violence, sexual assault, or stalking((, or)); (b) knowingly disclose that a tenant, applicant, or household member has previously terminated a rental agreement under RCW 59.18.575; or (c) knowingly disclose unlawful detainer records in which the file has been sealed pursuant to court order.
(2) A landlord may not terminate a tenancy, fail to renew a tenancy, or refuse to enter into a rental agreement based on the tenant's or applicant's or a household member's status as a victim of domestic violence, sexual assault, or stalking, or based on the tenant or applicant having terminated a rental agreement under RCW 59.18.575.
(3) A landlord who refuses to enter into a rental agreement in violation of subsection (2) 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.
(4) 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 (2) of this section.
(5) This section does not prohibit adverse housing decisions based upon other lawful factors within the landlord's knowledge or prohibit volunteer disclosure by an applicant of any victim circumstances."
SSB 5376 - S AMD 102
By Senator Benton
On page 1, line 1 of the title, after "Relating to" strike the remainder of the title and insert "the sealing and reporting of certain eviction records; amending RCW 59.18.580; and adding a new section to chapter 59.18 RCW."
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