1480-S AMH CARR PITT 27

SHB 1480 ‑ H AMD 108

By Representative Carrell

On page 7, after line 32 of the substitute bill, insert the following:

"Sec. 7. RCW 59.20.070 and 1993 c 66 s 16 are each amended to read as follows:

A landlord shall not:

(1) Deny any tenant the right to sell such tenant's mobile home within a park or require the removal of the mobile home from the park because of the sale thereof. Requirements for the transfer of the rental agreement are in RCW 59.20.073;

(2) Restrict the tenant's freedom of choice in purchasing goods or services but may reserve the right to approve or disapprove any exterior structural improvements on a mobile home space: PROVIDED, That door-to-door solicitation in the mobile home park may be restricted in the rental agreement. Door-to-door solicitation does not include public officials or candidates for public office meeting or distributing information to tenants in accordance with subsection (4) of this section;

(3) Prohibit meetings by tenants of the mobile home park to discuss mobile home living and affairs, including political caucuses or forums for or speeches of public officials or candidates for public office, or meetings of organizations that represent the interest of tenants in the park, held in any of the park community or recreation halls if these halls are open for the use of the tenants, conducted at reasonable times and in an orderly manner on the premises, nor penalize any tenant for participation in such activities;

(4) Prohibit a public official or candidate for public office from meeting with or distributing information to tenants in their individual mobile homes, nor penalize any tenant for participating in these meetings or receiving this information;

(5) Evict a tenant, terminate a rental agreement, decline to renew a rental agreement, increase rental or other tenant obligations, decrease services, or modify park rules in retaliation for any of the following actions on the part of a tenant taken in good faith:

(a) Filing a complaint with any state, county, or municipal governmental authority relating to any alleged violation by the landlord of an applicable statute, regulation, or ordinance;

(b) Requesting the landlord to comply with the provision of this chapter or other applicable statute, regulation, or ordinance of the state, county, or municipality;

(d) Participation or membership in any homeowners association or group;

(6) Charge to any tenant a utility fee, whether the utility is provided by a public or private utility or by the landlord, in excess of actual utility costs or intentionally cause termination or interruption of any tenant's utility services, including water, heat, electricity, or gas, except when an interruption of a reasonable duration is required to make necessary repairs. If a court or an arbitrator has determined in a proceeding that the landlord violated this subsection, any subsequent violations of this subsection by the landlord shall subject the landlord to a penalty up to one hundred dollars for each violation;

(7) Remove or exclude a tenant from the premises unless this chapter is complied with or the exclusion or removal is under an appropriate court order; or

(8) Prevent the entry or require the removal of a mobile home for the sole reason that the mobile home has reached a certain age. Nothing in this subsection shall limit a landlords' right to exclude or expel a mobile home for any other reason provided such action conforms to chapter 59.20 RCW or any other statutory provision.

NEW SECTION. Sec. 8. A new section is added to chapter 59.18 RCW to read as follows:

A landlord shall not charge to any tenant a utility fee, whether the utility is provided by a public or private utility or by the landlord, in excess of actual utility costs. If a court or an arbitrator has determined in a proceeding that the landlord violated this subsection, any subsequent violations of this subsection by the landlord shall subject the landlord to a penalty up to one hundred dollars for each violation."

Correct the title of the bill.