HB 1645

Title: An act relating to protection of victims of domestic violence, sexual assault, or stalking in the rental of housing.

Brief Description: Addressing protection of victims of domestic violence, sexual assault, or stalking in the rental of housing.

Sponsors: Representatives Kessler, Skinner, Edwards, Lantz, Moeller, Kirby, Kenney, Lovick, O'Brien, Kagi, Simpson, McCoy, Cody, Ruderman, Flannigan, Upthegrove, Pettigrew, Clibborn, McDermott, Dickerson, Hudgins, Schual-Berke, Santos, Conway, Sullivan, Morrell and Darneille.

Hearing Date: 2/14/03

Staff: Edie Adams (786-7180).

Background:

The Residential Landlord-Tenant Act (RLTA) regulates the relationship between tenants and landlords. The RLTA provides requirements, duties, rights and remedies with respect to the landlord and tenant relationship.

Generally, a rental agreement will establish a tenancy for a specified period of time or a periodic tenancy (e.g., month to month). A tenancy for a specified time is terminated at the end of the period specified. A periodic tenancy is automatically renewed for another period until terminated by either the landlord or the tenant by giving at least 20 days notice prior to the end of the period.

The RLTA specifies certain circumstances under which a landlord or tenant may terminate a tenancy without further obligation under the agreement. One of these circumstances allows a tenant who is a victim of domestic violence to terminate a rental agreement if: the tenant has a valid domestic violence protection order; the person restrained by the order has violated the order; the tenant has notified law enforcement of the violation; and a copy of the order is available for the landlord. The tenant is discharged from the payment of rent for any period following the quitting date and is entitled to a pro rata refund of any prepaid rent.

If a landlord requires a security deposit from a tenant, the rental agreement must be in writing and include the terms and conditions under which the deposit may be withheld by the landlord upon termination of the rental agreement. The landlord must provide a written checklist of the condition of the premises at the commencement of the tenancy, which must be signed and dated by both the landlord and the tenant. A landlord may not retain any portion of a deposit for normal wear and tear from ordinary use of the premises.

The Consumer Protection Act prohibits unfair methods of competition and unfair or deceptive practices in commerce. The act may be enforced by private legal action, or through a civil action brought by the Attorney General. A court may award private individuals injured by an unfair or deceptive practice actual damages, court costs, and additional damages up to triple the actual damages amount. In addition, a court may enjoin a business from conducting further unfair practices. The Consumer Protection Act is enforced by the Consumer Protection Division of the Attorney General's office.

Summary of Bill:

A tenant may terminate a rental agreement without further obligation under the agreement if the tenant or a household member is a victim of domestic violence, sexual assault or stalking and if:

•          The tenant or household member has a valid order of protection or has reported the domestic violence, sexual assault or stalking to a "qualified third party;" and

•          The request to terminate was made within 90 days of the reported act or event that led to the protective order or report to a qualified third party.

"Qualified third party" means law enforcement, health professionals, court employees, clergy, attorneys, social workers, licensed mental health professionals or counselors, or advocates for victims of domestic violence, sexual assault or stalking.

Verification that a report was made to a qualified third party may be made by a document signed by the third party. In addition, verification may be made by completion of a form that substantially complies with the form set out in the act. Providing a verification of a report to a qualified third party does not waive the confidential or privileged nature of the communication to the third party.

A tenant who terminates a rental agreement is liable for payment of rent for the month in which he or she terminates the agreement but is not responsible for the payment of rent for any future months. In addition, the tenant is entitled to a full refund of the deposit, subject to the conditions in the lease agreement for retaining any portion of the deposit.

A landlord may not terminate a tenancy, fail to renew a tenancy or refuse to enter into a rental agreement with a person based on that person's or a household member's status as a victim of domestic violence, sexual assault or stalking or based on the person having previously terminated a rental agreement. A landlord who refuses to enter into a rental agreement under these circumstances may be liable to the tenant in a civil action for damages.

A tenant may obtain a court order granting possession of a dwelling unit to him or her to the exclusion of one or more co-tenants. If the landlord has been provided a copy of the court order, he or she must comply with a tenant's request that the landlord replace or reconfigure the locks on the dwelling at the tenant's expense. The landlord is not liable for any damages that result from the lock change.

A tenant screening service provider or credit reporting agency may not report to a landlord that a prospective tenant or household member is a victim of domestic violence, sexual assault or stalking, and/or is protected by a protection order. An agency that violates this prohibition may be liable in a civil action for damages. A violation of this prohibition is an unfair or deceptive practice and an unfair method of competition for purposes of applying the Consumer Protection Act.

Appropriation: None.

Fiscal Note: Not Requested.

Effective Date: The bill contains an emergency clause and takes effect immediately.