AN ACT Relating to mobile home park tenancies; amending RCW 59.20.060; and adding new sections to chapter 59.20 RCW.

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

NEW SECTION. Sec. 1. A new section is added to chapter 59.20 RCW to read as follows:

Every transfer of an ownership interest in a mobile home park, whether by real estate conveyance, contract, option, transfer of corporate stock or other security, or otherwise, is subject to all unexpired leases to tenants. "Ownership interest" as used in this section does not include the leasehold interest of a tenant.

NEW SECTION. Sec. 2. A new section is added to chapter 59.20 RCW to read as follows:

Rent may not be increased nor park rules changed at the time of or after transfer of an ownership interest in a mobile home park during the term of leases that are unexpired at the time of the transfer, except as otherwise permitted by this chapter and the terms of the unexpired lease.

Sec. 3. Section 6, chapter 279, Laws of 1977 ex. sess. as last amended by section 1, chapter 58, Laws of 1984 and RCW 59.20.060 are each amended to read as follows:

(1) Any mobile home space tenancy regardless of the term, shall be based upon a written rental agreement, signed by the parties, which shall contain:

(a) The terms for the payment of rent, including time and place, and any additional charges to be paid by the tenant. Additional charges that occur less frequently than monthly shall be itemized in a billing to the tenant;

(b) Reasonable rules for guest parking which shall be clearly stated;

(d) The name and address of the person who is the landlord, and if such person does not reside in the state there shall also be designated by name and address a person who resides in the county where the mobile home park is located who is authorized to act as agent for the purposes of service of notices and process. If no designation is made of a person to act as agent, then the person to whom rental payments are to be made shall be considered the agent;

(e) The terms and conditions under which any deposit or portion thereof may be withheld by the landlord upon termination of the rental agreement if any moneys are paid to the landlord by the tenant as a deposit or as security for performance of the tenant's obligations in a rental agreement;

(f) A listing of the utilities, services, and facilities which will be available to the tenant during the tenancy and the nature of the fees, if any, to be charged;

(g) A description of the boundaries of a mobile home space sufficient to inform the tenant of the exact location of his space in relation to other tenants' spaces; and

(h) A statement of the current zoning of the land on which the mobile home park is located.

(2) Any rental agreement executed between the landlord and tenant shall not contain any provision:

(a) Which allows the landlord to charge a fee for guest parking unless a violation of the rules for guest parking occurs: PROVIDED, That a fee may be charged for guest parking which covers an extended period of time as defined in the rental agreement;

(b) Which authorizes the towing or impounding of a vehicle except upon notice to the owner thereof or the tenant whose guest is the owner of said vehicle;

(c) Which allows the landlord or successor of the landlord to alter the due date for rent payment or increase the rent: (i) During the term of the rental agreement if the term is less than one year, or (ii) more frequently than annually if the term is for one year or more: PROVIDED, That a rental agreement may include an escalation clause for a pro rata share of any increase in the mobile home park's real property taxes or utility assessments or charges, over the base taxes or utility assessments or charges of the year in which the rental agreement took effect, if the clause also provides for a pro rata reduction in rent or other charges in the event of a reduction in real property taxes or utility assessments or charges, below the base year: PROVIDED FURTHER, That a rental agreement for a term exceeding one year may provide for annual increases in rent in specified amounts or by a formula specified in such agreement;

(d) By which the tenant agrees to waive or forego rights or remedies under this chapter;

(e) Allowing the landlord to charge an "entrance fee" or an "exit fee";

(f) Which allows the landlord to charge a fee for guests((~~: PROVIDED, That a landlord may establish rules charging for guests~~)) who remain on the premises for ((~~more~~)) less than fifteen days in any sixty-day period, or for persons who provide services to the tenant made necessary by the tenant's physical or mental condition regardless of whether they receive monetary compensation for the services;

(g) By which the tenant agrees to waive or forego homestead rights provided by chapter 6.13 RCW. This subsection shall not prohibit such waiver after a default in rent so long as such waiver is in writing signed by the husband and wife or by an unmarried claimant and in consideration of the landlord's agreement not to terminate the tenancy for a period of time specified in the waiver if the landlord would be otherwise entitled to terminate the tenancy under this chapter; or

(h) By which, at the time the rental agreement is entered into, the landlord and tenant agree to the selection of a particular arbitrator.

NEW SECTION. Sec. 4. A new section is added to chapter 59.20 RCW to read as follows:

Rules of the park, including rules relating to guest parking, must be reasonable and related to matters that affect the common welfare and the quiet enjoyment of the park, or to the preservation or efficient maintenance and operating costs of the park. Rules may be changed by the park owner effective only at the time the rental agreement is renewed. The owner shall hold a hearing at least fifteen days before changing any park rules. The owner shall give at least fifteen days' notice of the hearing. The hearing must be held at the park, and all tenants must be given a full opportunity to be heard. The hearing must be attended by the park owner or agent of the owner who has authority to alter the proposed rules without further consultation with the owner.

NEW SECTION. Sec. 5. A new section is added to chapter 59.20 RCW to read as follows:

Any diminution of facilities, amenities, or services during the term of the lease that materially reduces the rental value of the leased property shall reduce the rent due under the lease in a like amount.