SENATE BILL REPORT
SB 6247
BYSenators 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)
January 29, 1990
AS REPORTED BY COMMITTEE ON LAW & JUSTICE, JANUARY 26, 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 are prohibited from authorizing civil actions by private parties who seek appointment of a receiver to manage private real property on the basis that the property is unfit or in violation of state or local health and safety laws.
EFFECT OF PROPOSED SUBSTITUTE:
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