SENATE BILL REPORT

SHB 1445

BYHouse Committee on Judiciary (originally sponsored by Representatives Wineberry, Armstrong, Padden, O'Brien, Cole, Crane, Anderson, Heavey, Brough, Valle, P. King, Lewis, Jacobsen, Patrick, Unsoeld, Baugher, Leonard, Meyers, Scott, Haugen, Zellinsky, Lux, Ebersole, Brekke, Kremen, Betrozoff, Pruitt, Ballard, May, Fuhrman, Doty, Sutherland, Sanders, Jesernig, Todd, Silver, Moyer, Locke, Rasmussen, Ferguson and Winsley)

Prohibiting drug-related activities in rental dwellings.

House Committe on Judiciary

Senate Committee on Law & Justice

Senate Hearing Date(s):February 22, 1988; February 24, 1988

Majority Report:  Do pass as amended.

      Signed by Senators Pullen, Chairman, McCaslin, Vice Chairman; Halsan, Hayner, Madsen, Nelson, Newhouse, Talmadge.

Senate Staff:Dick Armstrong (786-7460)

                  February 24, 1988

AS REPORTED BY COMMITTEE ON LAW & JUSTICE, FEBRUARY 24, 1988

BACKGROUND:

The Residential and Mobile Home Landlord-Tenant Acts list several duties the tenant must meet.  The landlord and the tenant also may contract to other duties in the rental agreement.  A violation of any of these duties by the tenant is justification for the landlord to initiate eviction proceedings.

A tenant is evicted through an unlawful detainer action.  The landlord must follow specific notice requirements which are outlined in statute.  If the tenant does not cure the default or defect within the specified period, then the landlord may proceed with an unlawful detainer action.  This civil action provides for a show cause hearing where the parties and the witnesses are orally examined by the judge.  It is held between 6 and 12 days from the service of the order for the hearing on the tenant.

If the tenant loses or defaults at the show cause hearing, the judge orders a writ of restitution issued which restores the premises to the landlord.  Once served on the tenant, the writ is enforced by the sheriff after three days unless the tenant posts a bond, in which case a trial is scheduled and the tenant remains at the premises pending the outcome of the trial.

Many rental agreements prohibit the tenant from engaging in illegal activities on the premises.  In such cases, drug-related activity on the premises is justification for an unlawful detainer action based on a default in the rental agreement.  However, where no such language is included in the rental agreement, the landlord may evict a tenant for illegal activities only if the activity violates a rule the landlord and tenant have agreed to or if the illegal activity is a "nuisance" or a "business".

The burden of proof in civil actions is less than the burden in criminal proceedings. In civil actions, which include unlawful detainer, the burden of proof is a preponderance of the evidence.  In criminal proceedings, the burden of proof is beyond a reasonable doubt.  Therefore, a person could be found to have engaged in illegal conduct in a civil action but found not to have engaged in illegal conduct for the same activity in criminal proceedings because of the different burdens of proof.

SUMMARY:

A tenant is prohibited from engaging in drug-related activity on the premises.  If the tenant does engage in such activity, the landlord can use the standard unlawful detainer action, or an expedited unlawful detainer action is available where certain law enforcement activities have occurred.

When the basis for an unlawful detainer action, or an expedited unlawful detainer action, is that the tenant engaged in drug-related activity at the premises there is no period after notice where the tenant can avoid eviction by ceasing the drug activity, a tenant cannot remain at the premises after being served with a writ of restitution by posting a bond, and set off is not available to the tenant as a defense.

In order to use the expedited eviction process, the tenant must have violated a statute defining drug activity, and a law enforcement agency must have obtained a warrant, arrested the tenant, and confiscated drugs at the premises.  The warrant and arrest must be based on drug activity at the premises.  A tenant has a right to a hearing under the expedited unlawful detainer provisions if such a hearing is requested within three days of service of the complaint and the notice of a right to a hearing.  The law enforcement agency must reasonably attempt to discover the identity of the landlord when the law enforcement actions necessary for an expedited eviction proceeding have occurred.

The proof of a violation of a statute defining drug activity is based on a preponderance of the evidence since this is a civil action.  A criminal conviction is not required.

It is a defense to the crime of a landlord knowingly renting or knowingly fortifying a unit for drug use by the tenant if the landlord notified a law enforcement agency of the drug activity or the landlord processed an unlawful detainer action.

SUMMARY OF PROPOSED SENATE AMENDMENT:

The striking amendment deletes provisions in the bill which established a specific unlawful detainer hearing process for persons arrested for violating controlled substances statutes.

Technical amendments were also made to the bill.

Appropriation:    none

Revenue:    none

Fiscal Note:      none requested

Senate Committee - Testified: Representative Wineberry; Tim Seth, Washington Apartment Association; Steve Fredrickson, Evergreen Legal Services