H-2942

AN ACT Relating to creating the office of assisted housing ombudsman; and adding a new chapter to Title 43 RCW.

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

NEW SECTION. Sec. 1. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

(1) "Assisted housing" means any single or multifamily dwelling unit that is owned or managed by a housing authority.

(2) "Department" means the department of community, trade, and economic development.

(3) "Director" means the director of the department of community, trade, and economic development.

(4) "Housing authority" has the same meaning as in RCW 35.82.020.

(5) "Office" means the office of assisted housing ombudsman.

NEW SECTION. Sec. 2. (1) In order to provide general assistance to tenants in assisted housing and housing authorities, the department shall establish the office of assisted housing ombudsman. The office shall serve as the coordinating office within state government for matters relating to landlord-tenant relationships between tenants of assisted housing and housing authorities.

(2) The department shall provide an ombudsman service to tenants of assisted housing and housing authorities with respect to problems and disputes between housing authorities and tenants of assisted housing. The office shall be responsible for investigating and resolving complaints between residents of assisted housing and the housing authority.

(3) The department may contract with nonprofit organizations to provide the ombudsman services required under this chapter.

(4) In order to implement this chapter, the department shall have the following powers and duties:

(a) To provide services for coordinating the activities of the assisted housing ombudsman throughout the state;

(b) To establish procedures consistent with section 5 of this act for appropriate access by the assisted housing ombudsman to tenant and housing authority files, including procedures to protect the confidentiality of the files and ensure that the identity of any complainant or tenant will not be disclosed without the written consent of the complainant or tenant, or upon court order;

(c) To establish a state-wide uniform reporting system to collect and analyze data relating to complaints for the purpose of identifying and resolving significant problems, with provisions for submission of such data to the appropriate legislative committees, on a regular basis;

(d) To establish procedures to assure that any files maintained by the office of assisted housing ombudsman shall be disclosed only at the discretion of the ombudsman having authority over the disposition of such files, except that the identity of any complainant or tenant of assisted housing shall not be disclosed by such ombudsman unless:

(i) Such complainant or tenant, or the complainant's or tenant's legal representative, consents in writing to such disclosure; or

(ii) Such disposition is required by court order;

(e) To carry out such other activities the department deems appropriate to implement this chapter; and

(f) To adopt rules to carry out this chapter in accordance with federal and state regulations and rules that govern landlord-tenant relations in assisted housing.

NEW SECTION. Sec. 3. Any person employed, retained, or contracted by the department as an assisted housing ombudsman under this chapter shall have training or experience or both in the following areas:

(1) Federal or state assisted housing programs;

(2) The federal and state laws governing landlord-tenant relationships; and

(3) Dispute or problem resolution techniques, including investigation, mediation, and negotiation.

NEW SECTION. Sec. 4. Every housing authority shall post in a conspicuous location a notice that contains the name, address, and phone number of the office of assisted housing ombudsman and a brief description of the services provided by the office. The form of the notice shall be approved by the office. This information shall also be distributed to tenants of assisted housing.

NEW SECTION. Sec. 5. All records and files of the office of assisted housing ombudsman relating to any complaint or investigation made pursuant to carrying out its duties and the identities of complainants, witnesses, or tenants shall remain confidential unless disclosure is authorized by the tenant or their legal representative. No disclosure may be made outside the office without the consent of any named tenant or complainant unless the disclosure is made without the identity of the individuals being disclosed.

NEW SECTION. Sec. 6. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

NEW SECTION. Sec. 7. Sections 1 through 6 of this act constitute a new chapter in Title 43 RCW.