SENATE BILL REPORT

SB 6420

BYSenators Pullen, Vognild, Rasmussen, Sellar, Nelson and Hansen

Restricting civil actions to appoint receivers to manage real property.

Senate Committee on Law & Justice

Senate Hearing Date(s):February 5, 1988

Senate Staff:Dick Armstrong (786-7460)

AS OF FEBRUARY 2, 1988

BACKGROUND:

Some cities have enacted local ordinances to regulate rental housing within the city limits, to prevent slums or blighted areas and to deter buildings from becoming substandard and a hazard to health and safety.

The ordinances usually provide for civil and criminal penalties.  In addition, the ordinances can provide for equitable remedies when civil or criminal penalties are inadequate.  For example, the housing ordinance in Seattle allows for a superior court to place a property in receivership when the property is unfit for human habitation or otherwise constitutes a menace or hazard to the safety or health of occupants.  A court appointed receiver has the authority to manage the property in compliance with the housing ordinance and under the terms established by the superior court.

SUMMARY:

A city or town cannot authorize a private civil action to appoint a receiver to manage real property when the property is unfit or in violation of state or local health and safety laws.

Appropriation:    none

Revenue:    none

Fiscal Note:      none requested