BILL REQ. #:  H-0170.2 

Read first time 01/28/2003.   Referred to Committee on Judiciary.

     AN ACT Relating to clean and sober housing; amending RCW 59.18.290; adding a new section to chapter 59.18 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:
     (1) For the purpose of this section, "drug and alcohol free housing" requires a rental agreement and means a dwelling in which:
     (a) Each of the dwelling units on the premises is occupied or held for occupancy by at least one tenant who is a recovering alcoholic or drug addict and is participating in a program of recovery;
     (b) The landlord is a nonprofit corporation incorporated under Title 24 RCW or a housing authority created under chapter 35.82 RCW;
     (c) The landlord provides:
     (i) A drug and alcohol free environment, covering all tenants, employees, staff, agents of the landlord, and guests;
     (ii) An employee who monitors the tenants for compliance with the requirements of (d) of this subsection;
     (iii) Individual and group support for recovery; and
     (iv) Access to a specified program of recovery; and
     (d) The rental agreement is in writing and includes the following provisions:
     (i) The tenant may not use, possess, or share alcohol, illegal drugs, controlled substances, or prescription drugs without a medical prescription, either on or off the premises;
     (ii) The tenant may not allow the tenant's guests to use, possess, or share alcohol, illegal drugs, controlled substances, or prescription drugs without a medical prescription, on the premises;
     (iii) The tenant must participate in a program of recovery, which specific program is described in the rental agreement;
     (iv) On at least a quarterly basis the tenant must provide written verification from the tenant's program of recovery that the tenant is participating in the program of recovery and the tenant has not used alcohol or illegal drugs;
     (v) The landlord has the right to require the tenant to take a urine analysis test regarding drug or alcohol usage, at the landlord's discretion and expense; and
     (vi) The landlord has the right to terminate the tenant's tenancy in the drug and alcohol free housing for noncompliance with the requirements of this section.
     (2) For the purpose of this section, "program of recovery" means a verifiable program of counseling and rehabilitation treatment services, including a written plan, to assist recovering alcoholics or drug addicts to recover from their addiction to alcohol or illegal drugs while living in drug and alcohol free housing. A "program of recovery" includes Alcoholics Anonymous, Narcotics Anonymous, and similar programs.
     (3) If a tenant living in drug and alcohol free housing uses, possesses, or shares alcohol, illegal drugs, controlled substances, or prescription drugs without a medical prescription, the landlord may deliver a written notice to the tenant terminating the tenancy for cause as provided in this subsection. The notice must specify the acts constituting the drug or alcohol violation and must state that the rental agreement terminates in not less than forty-eight hours after delivery of the notice, at a specified date and time. The notice must also state that the tenant can cure the drug or alcohol violation by a change in conduct or otherwise within twenty-four hours after delivery of the notice. If the tenant cures the violation within the twenty- four-hour period, the rental agreement does not terminate. If the tenant does not cure the violation within the twenty-four-hour period, the rental agreement terminates as provided in the notice. If substantially the same act that constituted a prior drug or alcohol violation of which notice was given reoccurs within six months, the landlord may terminate the rental agreement upon at least twenty-four hours' written notice specifying the violation and the date and time of termination of the rental agreement. The tenant does not have a right to cure this subsequent violation.

Sec. 2   RCW 59.18.290 and 1973 1st ex.s. c 207 s 29 are each amended to read as follows:
     (1) It shall be unlawful for the landlord to remove or exclude from the premises the tenant thereof except under a court order so authorizing. Any tenant so removed or excluded in violation of this section may recover possession of the property or terminate the rental agreement and, in either case, may recover the actual damages sustained. The prevailing party may recover the costs of suit or arbitration and reasonable attorney's fees.
     (2) It shall be unlawful for the tenant to hold over in the premises or exclude the landlord therefrom after the termination of the rental agreement except under a valid court order so authorizing. Any landlord so deprived of possession of premises in violation of this section may recover possession of the property and damages sustained by him, and the prevailing party may recover his costs of suit or arbitration and reasonable attorney's fees.
     (3) The requirement to obtain a court order in subsections (1) and (2) of this section does not apply to section 1 of this act.