H-1862              _______________________________________________

                                                   HOUSE BILL NO. 1056

                        _______________________________________________

State of Washington                              50th Legislature                              1987 Regular Session

By Representatives Cantwell, Todd and R. King

Read first time 2/23/87 and referred to Committee on Judiciary.

AN ACT Relating to civil remedies for violation of the mobile home landlord tenant act; amending RCW 59.20.220; adding new sections to chapter 59.20 RCW; and prescribing penalties.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1.  A new section is added to chapter 59.20 RCW to read as follows:

          If, after receipt of written notice, and after expiration of a reasonable amount of time, at least fourteen days, the landlord fails to remedy violations of RCW 59.20.050 or 59.20.060, a tenant may bring an action in an appropriate court, or at arbitration if so agreed, for any remedy provided under this chapter or otherwise provided by law, and the court or arbitrator shall award actual damages or one hundred dollars, whichever is greater.

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

          In addition to the remedies available in this chapter, an injunction may be obtained by either a landlord or a tenant to enforce the provisions of this chapter.

        Sec. 3.  Section 9, chapter 58, Laws of 1984 and RCW 59.20.220 are each amended to read as follows:

          (1) If a court or an arbitrator determines that:

          (a) A landlord has failed to carry out a duty or duties imposed by RCW 59.20.130; and

          (b) A reasonable time has passed for the landlord to remedy the defective condition following notice to the landlord under RCW 59.20.200 or such other time as may be allotted by the court or arbitrator; the court or arbitrator may determine the diminution in rental value of the property due to the defective condition and shall render judgment against the landlord for the rent paid in excess of such diminished rental value from the time of notice of such defect to the time of decision and any costs of repair done pursuant to ((section 4 of this act)) RCW 59.20.210 for which no deduction has been previously made.  Such decisions may be enforced as other judgments at law and shall be available to the tenant as a set-off against any existing or subsequent claims of the landlord.

          The court or arbitrator may also authorize the tenant to contract to make further corrective repairs.  The court or arbitrator shall specify a time period in which the landlord may make such repairs before the tenant may contract for such repairs.  Such repairs shall not exceed the sum expressed in dollars representing one month's rental of the tenant's mobile home space in any one calendar year.

The court or arbitrator shall award actual damages or five hundred dollars, whichever is greater.

          (2) The tenant shall not be obligated to pay rent in excess of the diminished rental value of the mobile home space until such defect or defects are corrected by the landlord or until the court or arbitrator determines otherwise.