1217 AMH DUFA MORI 220

HB 1217 - H AMD TO H AMD (H-1924.2/25) 677

By Representative Dufault

WITHDRAWN 03/10/2025

On page 1 of the striking amendment, strike all material after line 2 and insert the following:

"NEW SECTION. Sec 1. A new section is added to chapter 59.18 RCW to read as follows:

(1) Except as authorized by an exemption under subsection (4) of this section, a landlord may not raise the rent during any 12-month period of a tenancy by more than 10 percent plus the rate of inflation as measured by the percent change over the last 12 months in the consumer price index for the Seattle-Tacoma-Bellevue metropolitan area, or a successor index, as published by the bureau of labor statistics of the United States department of labor. This subsection (1) does not prohibit a landlord from adjusting the rent by any amount after a tenant vacates the dwelling unit and the tenancy ends.

(2) If a landlord violates subsection (1) of this section, a tenant may terminate the lease or rental agreement with 30 days written notice to the landlord.

(3) A tenant may bring an action in court against a landlord for a violation of subsection (1) of this section. Damages are limited to the amount of excess rent, fees, or other costs charged to the tenant in the last 12 months.

(4) A landlord may raise the rent in an amount greater than allowed under subsection (1) of this section only for the following types of tenancies:

(a) A tenancy in a dwelling unit for which the first certificate of occupancy was issued 10 or less years before the date of the notice of the rent increase;

(b) A tenancy in a dwelling unit owned by a:

(i) Public housing authority;

(ii) Public development authority;

(iii) Nonprofit organization, where maximum rents are regulated by other laws or local, state, or federal affordable housing program requirements; or

(iv) Nonprofit entity, as defined in RCW 84.36.560, where a nonprofit organization, housing authority, or public development authority has the majority decision-making power on behalf of the general partner, and where maximum rents are regulated by other laws or local, state, or federal affordable housing program requirements.

(c) A tenancy in a qualified low-income housing development as defined in RCW 82.45.010, where the property is owned by any of the organizations described in (b)(i) through (iv) of this subsection;

(d) A tenancy in a dwelling unit in which the tenant shares a bathroom or kitchen facility with the owner who maintains a principal residence at the residential real property;

(e) A tenancy in a single-family owner-occupied residence, including a residence in which the owner-occupant rents or leases no more than two units or bedrooms including, but not limited to, an attached or detached accessory dwelling unit; and

(f) A tenancy in a duplex, triplex, or fourplex in which the owner occupied one of the units as the owner's principal place of residence at the beginning of the tenancy, so long as the owner continues the occupancy.

(g) A tenancy in any dwelling unit for which the rent charged is

an amount equal to or less than the small area fair market rent

(SAFMR) for the zip code in which the dwelling unit is located, as

published by the United States department of housing and urban development.

NEW SECTION. Sec 2. A new section is added to chapter 59.20 RCW to read as follows:

(1) Except as authorized by an exemption under subsection (4) of this section, a landlord may not raise the rent during any 12-month period of a tenancy by more than 10 percent plus the rate of inflation as measured by the percent change over the last 12 months in the consumer price index for the Seattle- Tacoma-Bellevue metropolitan area, or a successor index, as published by the bureau of labor statistics of the United States department of labor. This subsection (1) does not prohibit a landlord from adjusting the rent by any amount after a tenant vacates the dwelling unit and the tenancy ends.

(2) If a landlord violates subsection (1) of this section, a tenant may terminate the lease or rental agreement with 30 days written notice to the landlord.

(3) A tenant may bring an action in court against a landlord for a violation of subsection (1) of this section. Damages are limited to the amount of excess rent, fees, or other costs charged to the tenant in the last 12 months.

(4) A landlord may increase rent in an amount greater than allowed under subsection (1) of this section only as authorized by the exemptions described in this subsection or as provided in RCW 59.20.060(2)(c).

(a) Rent increases are not limited by subsection (1) of section for any of the following types of tenancies:

(i) A tenancy in a manufactured/mobile home lot owned by a:

(A) Public housing authority;

(B) Public development authority; or

(C) Nonprofit organization, where maximum rents are regulated by other laws or local, state, or federal affordable housing program requirements; or

(ii) A tenancy in a qualified low-income housing development as defined in RCW 82.45.010, where the property is owned by any of the organizations described in (a)(i)(A) through (C) of this subsection.

(b) During the first 12 months after the qualified sale of a manufactured/mobile home community to an eligible organization as defined in RCW 59.20.030 whose mission aligns with the long-term preservation and affordability of the manufactured/mobile home community, the eligible organization may increase the rent for the manufactured/mobile home community in an amount greater than allowed under subsection (1) of this section as needed to cover the cost of purchasing the manufactured/mobile home community if the increase is approved by vote or agreement with the majority of the manufactured/mobile home owners in the manufactured/mobile home community.

(c) Any increases in rent within 16 calendar months from the transfer of a rental agreement under RCW 59.20.073 may exceed the amount allowed under subsection (1) of this section."

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