[atlas:bill]

AN ACT Relating to high risk sex offenders as tenants; amending RCW 59.18.257; adding new sections to chapter 59.18 RCW; adding a new section to chapter 9A.44 RCW; and prescribing penalties.

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

NEW SECTION. Sec. 1. A new section is added to chapter 59.18 RCW to read as follows:

A prospective tenant shall disclose his or her status as a registered sex offender who is classified as risk level III in any tenant application provided by a tenant screening service or a landlord. Failure to comply with this section is a misdemeanor.

NEW SECTION. Sec. 2. A new section is added to chapter 9A.44 RCW to read as follows:

Each county sheriff shall notify in writing every person registering with him or her under RCW 9A.44.130 of the requirements of section 1 of this act at the time the person registers with the county sheriff and shall obtain written acknowledgment of the notification.

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

A landlord, upon obtaining information provided under RCW 4.24.550, including the county sheriff's published list or web site, or otherwise discovering that a prospective tenant or tenant is, in fact, a registered sex offender who is classified as risk level III, may refuse tenancy to the prospective tenant or immediately evict the tenant after serving the tenant with a written notice to vacate. A tenant who is evicted under this section has twenty-four hours to vacate the premises. Any property of a tenant that remains on the premises longer than twenty-four hours after the tenant receives a written notice to vacate under this section shall be considered abandoned property. A landlord is immune from liability for any injuries, damages, or harm resulting from any offense committed by the prospective tenant or tenant.

Sec. 4. RCW 59.18.257 and 1991 c 194 s 3 are each amended to read as follows:

(1) If a landlord uses a tenant screening service, then the landlord may only charge for the costs incurred for using the tenant screening service under this section. If a landlord conducts his or her own screening of tenants, then the landlord may charge his or her actual costs in obtaining the background information, but the amount may not exceed the customary costs charged by a screening service in the general area. The landlord's actual costs include costs incurred for long distance phone calls and for time spent calling landlords, employers, and financial institutions.

(2) A landlord may not charge a prospective tenant for the cost of obtaining background information under this section unless the landlord first notifies the prospective tenant in writing of what a tenant screening entails, the prospective tenant's rights to dispute the accuracy of information provided by the tenant screening service or provided by the entities listed on the tenant application who will be contacted for information concerning the tenant, and the name and address of the tenant screening service used by the landlord.

(3) Nothing in this section requires a landlord to disclose information to a prospective tenant that was obtained from a tenant screening service or from entities listed on the tenant application which is not required under the federal fair credit reporting act, 15 U.S.C. Sec. 1681 et seq.

(4) If a prospective tenant or tenant omits or falsifies material information on a rental application that, if known, would have disqualified the prospective tenant or tenant from consideration for tenancy, the landlord may recover from the prospective tenant or tenant a fee not to exceed the actual cost to the landlord of obtaining the background information.

(5) Any landlord, prospective tenant, or tenant who violates this section may be liable to the ((~~prospective tenant~~)) other party for an amount not to exceed one hundred dollars. The prevailing party may also recover court costs and reasonable attorneys' fees.