SENATE BILL REPORT

SSB 6247

BYSenate Committee on Law & Justice (originally sponsored by Senators Nelson, Vognild and Sellar)

Restricting civil actions to appoint receivers to manage real property.

Senate Committee on Law & Justice

Senate Hearing Date(s):January 15, 1990; January 26, 1990

Majority Report:  That Substitute Senate Bill No. 6247 be substituted therefor, and the substitute bill do pass.

      Signed by Senators Nelson, Chairman; McCaslin, Vice Chairman; Hayner, Madsen, Newhouse, Niemi, Patrick, Rasmussen, Rinehart, Talmadge, Thorsness.

Senate Staff:Anita Neal (786-7418)

                  February 12, 1990

AS PASSED SENATE, FEBRUARY 10, 1990

BACKGROUND:

Certain municipal housing codes contain ordinances which authorize a city official or tenants in a building to seek to have a receiver appointed in superior court to take possession of and manage a building if it is unfit for human habitation, is a hazard to the health and safety of the occupants or public, or when the owner or manager fails to comply with code provisions.

SUMMARY:

Cities and towns may authorize civil actions by private parties who seek appointment of a receiver to manage privately owned leased or rented, residential and multi-family real property.  Parties are first required to exhaust all applicable remedies provided in the Residential Landlord-Tenant Act.  A court must find substantial and compelling evidence that uninhabitable conditions exist in the property at issue before appointing a receiver.

Appropriation:    none

Revenue:    none

Fiscal Note:      none requested

Senate Committee - Testified: John Woodring, Washington Apartment Association; Peggy Ganson, AASK and Washington Apartment Association; John Hatton, AASK and Washington Apartment Association; Mark Summers, City of Seattle