H-1909 _______________________________________________

 

SUBSTITUTE HOUSE BILL NO. 1812

_______________________________________________

 

State of Washington 51st Legislature 1989 Regular Session

 

By House Committee on Housing (originally sponsored by Representatives Locke, Nelson and Wineberry)

 

 

Read first time 3/1/89.

 

 


AN ACT Relating to relocation assistance for tenants; amending RCW 82.02.020; adding new sections to chapter 59.18 RCW; adding new sections to chapter 43.63A RCW; and making an appropriation.

 

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

 

NEW SECTION. Sec. 1. A new section is added to chapter 59.18 RCW to read as follows:

(1) Landlords shall provide reasonable relocation assistance under sections 1 through 4 of this act to tenants upon the demolition, substantial rehabilitation, or change of use of residential property or upon the filing of a condominium declaration under RCW 64.32.090: PROVIDED, That no such relocation assistance may be required pursuant to sections 1 through 4 of this act if relocation assistance for the same tenant in the same dwelling unit for the same relocation has been, is, or will be required pursuant to any other law.

(2) Except where relocation assistance is required upon the filing of a condominium declaration under RCW 64.32.090, only low-income tenants may be eligible for relocation assistance authorized by sections 1 through 4 of this act. For purposes of sections 1 through 4 of this act "low-income tenants" are those whose household income is at or below eighty percent of median income, adjusted for family size, in the county where the tenant resides.

(3) The landlord's portion of any relocation assistance provided to low-income tenants under sections 1 through 4 of this act shall be limited to two months' rent as determined by the rent of the tenant to be displaced as of the date of the notice required by section 3 of this act: PROVIDED, That in no instance shall the property owner's portion exceed the reasonable relocation costs for the county in which the dwelling unit is located as determined by the department of community development pursuant to section 4 of this act.

The landlord may provide the landlord's portion of the relocation assistance determined by this subsection, either through a direct payment to the affected tenant or by abating the rent of the affected tenant.

(4) A tenant of residential property to be substantially rehabilitated may be eligible for temporary or permanent relocation assistance only if the substantial rehabilitation will require the relocation of the tenant beyond the property.

(5) Eligible tenants who have living arrangements as defined in RCW 59.18.040(3) shall be subject to the provisions of sections 1 through 4 of this act.

(6)(a) Persons who move from a dwelling unit prior to the service of the notice required by this section shall not be entitled to the assistance authorized by this section.

(b) Persons who move into a dwelling unit after the service of the notice required by section 3 of this act shall not be entitled to the assistance authorized by sections 1 through 4 of this act if such persons receive written notice from the property owner prior to taking possession of the dwelling unit which specifically describes the activity or condition which may result in their temporary or permanent displacement and advises them of their ineligibility for relocation assistance.

 

NEW SECTION. Sec. 2. A new section is added to chapter 59.18 RCW to read as follows:

The appropriate local governmental body shall adopt policies, procedures, or regulations to implement sections 1 through 4 of this act. Such policies, procedures, or regulations shall include provisions for administrative hearings to resolve disputes between tenants and property owners relating to relocation assistance, and shall require a decision within thirty days of a request for a hearing by either a tenant or property owner.

Judicial review of an administrative hearing decision relating to relocation assistance may be had by filing a petition, within ten days of the decision, in the superior court in the county where the residential property is located. Judicial review shall be confined to the record of the administrative hearing and the court may reverse the decision only if the administrative findings, inferences, conclusions, or decision is:

(1) In violation of constitutional provisions;

(2) In excess of the authority or jurisdiction of the administrative hearing officer;

(3) Made upon unlawful procedure or otherwise is contrary to law; or

(4) Arbitrary and capricious.

 

NEW SECTION. Sec. 3. A new section is added to chapter 59.18 RCW to read as follows:

Any tenant who may be displaced as a result of a demolition, substantial rehabilitation, or change of use of residential property or upon the filing of a condominium declaration under RCW 64.32.090 shall first be served with a notice and accompanying relocation assistance eligibility form, at least ninety days prior to the effective date of the action causing the displacement, informing the tenant of the termination date of the tenancy and of the tenant's right to relocation assistance under sections 1 through 4 of this act. The notice and accompanying form shall be served upon the tenant in the manner set forth in RCW 59.12.040. The notice and accompanying form shall be substantially in the following form:

 

NOTICE

 

!tm1,1 !tj1!tcDate:!sc ,1!sc_,10

!ixTO:!sc ,2@be!sc ,3(Tenant)!sc ,3@ee

FROM:!sc ,2@be!sc ,3(Landlord)!sc ,3@ee

 

Your dwelling is going to be:

(Check one)

 

Demolished

Substantially rehabilitated

No longer used as residential property

Converted to a condominium

 

As a result of this action your tenancy will be terminated on .......... (date). Because you must move as a result of this action you may be eligible, under state law, for relocation assistance.

 

If you are eligible for relocation assistance you shall receive .......... to help you move. To be eligible for relocation assistance your household income must not exceed the following guidelines:

 

!tm1,1 !tc@beHouse!tthold!sc ,1Size@ee!tc@be!ttMaximum!sc ,1Income@ee

!tl1!tl(Based on eighty percent

!tl2!tlof median income for the

!tl3!tlcounty where the property

!tl4!tlis located)

!tl5

!tl6

!tl7

!tl8+

 

!ixTo determine your eligibility, please fill out the attached form and return it to me immediately at the address below.

 

Thank you,

 

!ix!sc_,25

(Landlord name)

 

!sc_,25

(Landlord address)

 

!w-

 

RELOCATION ASSISTANCE ELIGIBILITY FORM

 

!ixName:!sc ,15 .........................

Address:!sc ,12 .........................

!sc ,20 .........................

Phone:!sc ,14 .........................

Date you moved in:!sc ,2 .........................

Based on your household size, is your net income greater than the maximum income listed. Yes !sc_,3 No !sc_,3 (Circle your household size)

 

!tm1,1 !tc@beHouse!tthold!sc ,1Size@ee!tc@be!ttMaximum!sc ,1Income@ee

!tl1!tl(Based on eighty percent

!tl2!tlof median income for the

!tl3!tlcounty where the property

!tl4!tlis located)

!tl5

!tl6

!tl7

!tl8+

 

Please return this information to:

 

(Landlord name)

(Address)

 

I hereby certify under penalty of perjury that the above information is true and correct.

 

!tp1,1 !tl!w_

!tl!sc ,6(Tenant signature)

 

!tl!w_

!tl!sc ,6(Date)

 

NEW SECTION. Sec. 4. A new section is added to chapter 43.63A RCW to read as follows:

(1) The department of community development shall establish the methodology and designate the appropriate local governing body to determine reasonable costs of relocating tenants under sections 1 through 4 of this act within the local government's jurisdiction. In determining such reasonable relocation costs, the department of community development and the local governing body shall consider, among any other appropriate factors:

(a) The actual cost of physically moving a tenant's possessions within a fifty-mile radius of the affected dwelling;

(b) The cost of advance payment of first and last months' rent, security or damage deposits, and any other payments required to secure the performance of the rental agreement. In determining the cost of first and last months' rent, the department of community development shall use the most current available median rent levels for the appropriate county;

(c) Utility connection costs and deposits; and

(d) Anticipated additional rent and utility costs in the new residence for one year after relocation.

(2) The department of community development shall adopt rules defining county median income in accordance with the definitions promulgated by the federal department of housing and urban development.

 

NEW SECTION. Sec. 5. A new section is added to chapter 43.63A RCW to read as follows:

(1) The tenant relocation assistance account is created in the custody of the state treasurer. The tenant relocation assistance account shall include revenue deposited pursuant to section 7 of this act, appropriations by the legislature, private contributions, and all other sources. Only the director of community development or the director's designee may authorize expenditures from the account. The account is subject to allotment procedures under chapter 43.88 RCW, but no appropriation is required for expenditures.

(2) Expenditures from this account shall only be used to pay reasonable relocation costs that are not covered by the landlord's contribution pursuant to section 1(3) of this act and chapter ... (House Bill No. 2136), Laws of 1989.

 

Sec. 6. Section 82.02.020, chapter 15, Laws of 1961 as last amended by section 6, chapter 179, Laws of 1988 and RCW 82.02.020 are each amended to read as follows:

Except only as expressly provided in RCW 67.28.180 and 67.28.190 and the provisions of chapter 82.14 RCW, the state preempts the field of imposing taxes upon retail sales of tangible personal property, the use of tangible personal property, parimutuel wagering authorized pursuant to RCW 67.16.060, conveyances, and cigarettes, and no county, town, or other municipal subdivision shall have the right to impose taxes of that nature. No county, city, town, or other municipal corporation shall impose any tax, fee, or charge, either direct or indirect, on the construction or reconstruction of residential buildings, commercial buildings, industrial buildings, or on any other building or building space or appurtenance thereto, or on the development, subdivision, classification, or reclassification of land. However, this section does not preclude dedications of land or easements pursuant to RCW 58.17.110 within the proposed development or plat which the county, city, town, or other municipal corporation can demonstrate are reasonably necessary as a direct result of the proposed development or plat to which the dedication of land or easement is to apply.

This section does not prohibit voluntary agreements with counties, cities, towns, or other municipal corporations that allow a payment in lieu of a dedication of land or to mitigate a direct impact that has been identified as a consequence of a proposed development, subdivision, or plat. A local government shall not use such voluntary agreements for local off-site transportation improvements within the geographic boundaries of the area or areas covered by an adopted transportation program authorized by chapter 39.92 RCW. Any such voluntary agreement is subject to the following provisions:

(1) The payment shall be held in a reserve account and may only be expended to fund a capital improvement agreed upon by the parties to mitigate the identified, direct impact;

(2) The payment shall be expended in all cases within five years of collection; and

(3) Any payment not so expended shall be refunded with interest at the rate applied to judgments to the property owners of record at the time of the refund; however, if the payment is not expended within five years due to delay attributable to the developer, the payment shall be refunded without interest.

No county, city, town, or other municipal corporation shall require any payment as part of such a voluntary agreement which the county, city, town, or other municipal corporation cannot establish is reasonably necessary as a direct result of the proposed development or plat.

Nothing in this section prohibits cities, towns, counties, or other municipal corporations from collecting reasonable fees from an applicant for a permit or other governmental approval to cover the cost to the city, town, county, or other municipal corporation of processing applications, inspecting and reviewing plans, or preparing detailed statements required by chapter 43.21C RCW.

This section does not limit the existing authority of any county, city, town, or other municipal corporation to impose special assessments on property specifically benefitted thereby in the manner prescribed by law.

Nothing in this section prohibits counties, cities, or towns from imposing or permits counties, cities, or towns to impose water, sewer, natural gas, drainage utility, and drainage system charges: PROVIDED, That no such charge shall exceed the proportionate share of such utility or system's capital costs which the county, city, or town can demonstrate are attributable to the property being charged: PROVIDED FURTHER, That these provisions shall not be interpreted to expand or contract any existing authority of counties, cities, or towns to impose such charges.

Nothing in this section prohibits a transportation benefit district from imposing fees or charges authorized in RCW 36.73.120 nor prohibits the legislative authority of a county, city, or town from approving the imposition of such fees within a transportation benefit district.

Nothing in this section prohibits counties, cities, or towns from imposing transportation impact fees authorized pursuant to chapter 39.92 RCW.

Nothing in this section prohibits counties, cities, or towns from requiring property owners to provide relocation assistance to tenants pursuant to section 1 of this act.

This section does not apply to special purpose districts formed and acting pursuant to Titles 54, 56, 57, or 87 RCW, nor is the authority conferred by these titles affected.

 

NEW SECTION. Sec. 7. (1) The sum of two million two hundred fifty thousand dollars, or as much thereof as may be necessary, is appropriated for the biennium ending June 30, 1991, from the general fund to the tenant relocation assistance account.

(2) This appropriation is subject to the following limitations and conditions:

(a) Not less than two million dollars for the purpose of paying reasonable relocation costs that are not covered by the landlord's contribution in chapter ... (House Bill No. 2136), Laws of 1989.

(b) Not less than two hundred fifty thousand dollars for the purpose of paying reasonable relocation costs that are not covered by the landlord's contribution pursuant to section 1(3) of this act.