AN ACT Relating to mobile home landlords and tenants; amending RCW 59.20.200 and 59.20.210; and adding a new section to chapter 59.20 RCW.

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

Sec. 1. Section 6, chapter 58, Laws of 1984 and RCW 59.20.200 are each amended to read as follows:

If at any time during the tenancy the landlord fails to carry out the duties required by RCW 59.20.130 or by the rental agreement, the tenant may, in addition to pursuit of remedies otherwise provided the tenant by law, deliver written notice to the ((~~landlord~~)) person designated in RCW 59.20.060(1)(d) or the person who collects the rent, which notice shall specify the property involved, the name of the owner, if known, and the nature of the defective condition. ((~~For the purposes of this chapter, a reasonable time for the landlord to commence remedial action after receipt of such notice by the tenant shall be~~)) The landlord shall commence remedial action after receipt of such notice by the tenant as soon as possible but not later than the following time periods, except where circumstances are beyond the landlord's control((;)):

(1) Not more than twenty-four hours, where the defective condition deprives the tenant of hot or cold water, heat, or electricity or is imminently hazardous to life;

(2) Not more than ((~~forty-eight hours, where the landlord fails to provide water or heat~~)) seventy-two hours, where the defective condition deprives the tenant of the use of a refrigerator, range and oven, or a major plumbing fixture supplied by the landlord;

(3) ((~~Subject to the provisions of subsections (1) and (2) of this section, not more than seven days in the case of a repair under RCW 59.20.130(3);~~

~~(4)~~)) Not more than ((~~thirty~~)) ten days in all other cases.

In each instance the burden shall be on the landlord to see that remedial work under this section is completed with reasonable promptness.

Where circumstances beyond the landlord's control, including the availability of financing, prevent the landlord from complying with the time limitations set forth in this section, the landlord shall endeavor to remedy the defective condition with all reasonable speed.

Sec. 2. Section 8, chapter 58, Laws of 1984 and RCW 59.20.210 are each amended to read as follows:

(1) If at any time during the tenancy, the landlord fails to carry out any of the duties imposed by RCW 59.20.130 or by the rental agreement, and notice of the defect is given to the landlord pursuant to RCW 59.20.200, the tenant may submit to the landlord or the landlord's designated agent by certified mail or in person ((~~at least two bids~~)) a good faith estimate by the tenant of the cost to perform the repairs necessary to correct the defective condition from licensed or registered persons, or if no licensing or registration requirement applies to the type of work to be performed, from responsible persons capable of performing such repairs. Such bids may be submitted to the landlord at the same time as notice is given pursuant to RCW 59.20.200.

(2) If the landlord fails to commence repair of the defective condition within ((~~a reasonable time~~)) the applicable time period after receipt of notice and the estimate from the tenant, the tenant may contract with ((~~the person submitting the lowest bid~~)) a licensed or registered person, or with a responsible person capable of performing the repair if no license or registration is required, to make the repair, and upon the completion of the repair and an opportunity for inspection by the landlord or the landlord's designated agent, the tenant may deduct the cost of repair from the rent in an amount not to exceed the sum expressed in dollars representing one month's rental of the tenant's mobile home space in any calendar year per repair. When, however, the landlord is required to begin remedying the defective condition within ((~~thirty~~)) ten days under RCW 59.20.200, the tenant cannot contract for repairs for ((~~at least fifteen~~)) ten days ((~~following receipt of bids by the landlord~~)) after notice or five days after the landlord receives the estimate, whichever is later. The total costs of repairs deducted by the tenant in any calendar year under this subsection shall not exceed the sum expressed in dollars representing ((~~one~~)) two month's rental of the tenant's mobile home space.

(3) Two or more tenants shall not collectively initiate remedies under this section. Remedial action under this section shall not be initiated for conditions in the design or construction existing in a mobile home park before June 7, 1984.

(4) The provisions of this section shall not:

(a) Create a relationship of employer and employee between landlord and tenant; or

(b) Create liability under the worker's compensation act; or

(5) Any repair work performed under this section shall comply with the requirements imposed by any applicable code, statute, ordinance, or rule. A landlord whose property is damaged because of repairs performed in a negligent manner may recover the actual damages in an action against the tenant.

(6) Nothing in this section shall prevent the tenant from agreeing with the landlord to undertake the repairs in return for cash payment or a reasonable reduction in rent, the agreement to be between the parties, and this agreement does not alter the landlord's obligations under this chapter.

NEW SECTION. Sec. 3. A new section is added to chapter 59.20 RCW to read as follows:

It shall be unlawful for a landlord to intentionally cause termination of any tenant's utility services, including water, heat, electricity, or gas, except for an interruption of utility services for a reasonable time in order to make necessary repairs. Any landlord who violates this section may be liable to such tenant for the actual damages sustained, and up to one hundred dollars for each day or part thereof the tenant is thereby deprived of any utility service, and the prevailing party may recover the costs of suit or arbitration and a reasonable attorney's fee. It shall be unlawful for a tenant to intentionally cause the loss of utility services provided by the landlord, including water, heat, electricity, or gas, except as resulting from the normal occupancy of the premises.