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               ENGROSSED SUBSTITUTE SENATE BILL 5091

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State of Washington      55th Legislature     1997 Regular Session

By Senate Committee on Law & Justice (originally sponsored by Senators Roach, Swecker and Winsley)

Read first time 02/27/97.

Providing for uniformity in the application of real property laws to ensure fairness and due process.   

    AN ACT Relating to the jurisdiction of district and superior courts over real property; adding new sections to chapter 59.18 RCW; and creating a new section.

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

NEW SECTION. Sec. 1.  (1) The legislature declares that multiple and sometimes inconsistent residential landlord-tenant laws result in unfair determinations in both district and superior courts of this state resulting in the denial of due process.

    (2) In order to provide for uniform fairness and due process in the application of state law, it is the intent of the legislature that:

    (a) Local political subdivisions that have not adopted ordinances regulating residential landlord-tenant relationships before January 1, 1998, not adopt ordinances inconsistent with chapter 59.18 RCW, the state residential landlord-tenant act; and

    (b) Inconsistent local laws in existence as of January 1, 1998, not be amended to create further inconsistencies with this act.

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

    The state of Washington hereby fully occupies and preempts the field of landlord-tenant regulation within the boundaries of the state to the extent provided in chapter . . ., Laws of 1997 (this act).  Local laws not in existence as of January 1, 1998, that are inconsistent with, more restrictive than, or exceed the requirements of state law shall not be enacted, regardless of the nature of the code, charter, or home rule status of the city, town, county, or other municipality.  No local laws enacted prior to January 1, 1998, that are inconsistent with chapter ..., Laws of 1997 (this act) shall be amended to create further inconsistencies with chapter ..., Laws of 1997 (this act).

    Affirmative defenses to an unlawful detainer action that change the duties of a landlord or tenant that are inconsistent with, more restrictive than, or exceed the requirements chapter . . ., Laws of 1997 (this act) shall not be enacted regardless of the nature of the code, charter, or home rule status of the city, town, county, or other municipality.

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

    (1) The requirements of sections 1 and 2 of this act do not apply to local laws that are intended to directly affect the physical safety of a residential tenant and the physical safety provisions applying to the tenants in the local law are not otherwise covered by this chapter.  For purposes of this section, "physical safety" means the physical health or security of a tenant.

    (2) In any proceeding to determine whether a local law directly affects physical safety, a court shall not restrict its consideration to a statement of local legislative intent or finding and shall consider whether voiding a local law as inconsistent with this chapter will result in a direct and significant increase in the risk to physical safety of residential tenants and the risk is not otherwise covered by this chapter.

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