H-3543              _______________________________________________

                                                   HOUSE BILL NO. 2437

                        _______________________________________________

State of Washington                               51st Legislature                              1990 Regular Session

By Representatives Nutley, Leonard, Winsley and Todd

Read first time 1/12/90 and referred to Committee on Housing.

AN ACT Relating to tenant application fees; adding a new section to chapter 59.18 RCW; creating a new section; providing an effective date; and declaring an emergency.

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

NEW SECTION. Sec. 1.     The legislature finds that tenant application fees often have the effect of excluding low-income people from applying for housing because many low-income people cannot afford these fees in addition to the rent and other deposits which may be required.  The legislature further finds that application fees are frequently not returned to unsuccessful applicants for housing, which creates a hardship on low-income people and a windfall for the landlord.  The legislature therefore finds and declares that it is the policy of the state that landlords should absorb the costs of processing tenant applications as a necessary cost of doing business.

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

          It shall be unlawful for a landlord to require an application fee from a prospective tenant to a dwelling unit in an amount greater than twenty-five dollars.  Any application fee must be refunded to the applicant within twenty-four hours if the applicant is turned down from renting the dwelling unit.  If an applicant is accepted as a tenant, then the application fee must be applied to the tenant's first month's rent.  No application fee may be designated as a nonrefundable fee.

          Any landlord who violates this section may be liable to the applicant for an amount not to exceed one hundred dollars.  The prevailing party may also recover court costs and a reasonable attorneys' fee.

NEW SECTION. Sec. 3.     This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect April 1, 1990.