BILL REQ. #: H-0988.1
State of Washington | 58th Legislature | 2003 Regular Session |
Read first time 02/03/2003. Referred to Committee on Judiciary.
AN ACT Relating to protection of victims of domestic violence, sexual assault, or stalking in the rental of housing; adding new sections to chapter 59.18 RCW; creating a new section; repealing RCW 59.18.356; and declaring an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1 The legislature finds and declares that:
(1) Domestic violence, sexual assault, and stalking are widespread
societal problems that have devastating effects for individual victims,
their children, and their communities. Victims of violence may be
forced to remain in unsafe situations because they are bound by
residential lease agreements. The legislature finds that the inability
of victims to terminate their rental agreements hinders or prevents
victims from being able to safely flee domestic violence, sexual
assault, or stalking. The legislature further finds that victims of
these crimes who do not have access to safe housing are more likely to
remain in or return to abusive or dangerous situations. Also, the
legislature finds that victims of these crimes are further victimized
when they are unable to obtain or retain rental housing due to their
history as a victim of these crimes. The legislature further finds
that evidence that a prospective tenant has been a victim of domestic
violence, sexual assault, or stalking is not relevant to the decision
whether to rent to that prospective tenant.
(2) By this act, the legislature intends to increase safety for
victims of domestic violence, sexual assault, and stalking by removing
barriers to safety and offering protection against discrimination.
NEW SECTION. Sec. 2 A new section is added to chapter 59.18 RCW
to read as follows:
The definitions in this section apply throughout this section and
sections 3 through 5 of this act unless the context clearly requires
otherwise.
(1) "Domestic violence" has the same meaning as set forth in RCW
26.50.010.
(2) "Sexual assault" has the same meaning as set forth in RCW
70.125.030.
(3) "Stalking" has the same meaning as set forth in RCW 9A.46.110.
(4) "Qualified third party" means a law enforcement officer, person
subject to the provisions of chapter 18.120 RCW, an employee of a court
of the state, member of the clergy, attorney, social worker, licensed
mental health professional or other licensed counselor, or advocate
working at an agency that assists victims of domestic violence, sexual
assault, or stalking.
(5) "Household member" means a child or adult residing with the
tenant other than the perpetrator of domestic violence, stalking, or
sexual assault.
(6) "Tenant screening service provider" means any nongovernmental
agency that provides, for a fee, background information on prospective
tenants to landlords.
(7) "Credit reporting agency" has the same meaning as set forth in
RCW 19.182.010(5).
NEW SECTION. Sec. 3 A new section is added to chapter 59.18 RCW
to read as follows:
(1)(a) If a tenant notifies the landlord in writing that he or she
or a household member is a victim of domestic violence, sexual assault,
or stalking, and either (a)(i) or (ii) of this subsection applies, then
subsection (2) of this section applies:
(i) The tenant or the household member has a valid order for
protection under one or more of the following: Chapters 26.50 or 26.26
RCW or RCW 9A.46.040, 9A.46.050, 10.14.080, 10.99.040 (2) or (3), or
26.09.050; or
(ii) The tenant or the household member has reported the domestic
violence, sexual assault, or stalking to a qualified third party acting
in his or her official capacity.
(b) When a copy of the order for protection, police report, or
verification of a report to a qualified third party, as required under
(a) of this subsection, is made available to the landlord, the tenant
may terminate the rental agreement and quit the premises without
further obligation under the rental agreement or under chapter 59.12
RCW. However, the request to terminate the rental agreement must occur
within ninety days of a reported act, event, or circumstance that gave
rise to the protective order or report to a qualified third party.
Verification of the report to a qualified third party may consist of a
document signed and dated by the third party stating that the tenant
notified him or her of an act or acts of domestic violence, sexual
assault, or stalking. Verification may also be accomplished by
completion of a form provided by the qualified third party. The form
must be in substantially the following form:
NEW SECTION. Sec. 4 A new section is added to chapter 59.18 RCW
to read as follows:
(1) A landlord may not terminate a tenancy, fail to renew a
tenancy, or refuse to enter into a rental agreement based on the
tenant's or applicant's or a household member's status as a victim of
domestic violence, sexual assault, or stalking, or based on the tenant
or applicant having terminated a rental agreement under section 2 of
this act.
(2) A landlord who refuses to enter into a rental agreement in
violation of this section may be liable to the tenant or applicant in
a civil action for damages sustained by the tenant or applicant. The
prevailing party may also recover court costs and reasonable attorneys'
fees.
(3) It is a defense to an unlawful detainer action under chapter
59.12 RCW that the action to remove the tenant and recover possession
of the premises is in violation of subsection (1) of this section.
(4) This section does not prohibit adverse housing decisions based
upon other lawful factors within the landlord's knowledge.
NEW SECTION. Sec. 5 A new section is added to chapter 59.18 RCW
to read as follows:
(1) A tenant screening service provider or credit reporting agency
shall not include information about a prospective tenant or household
member in a written or oral report to a landlord pertaining to the fact
that the subject of the report is a victim of domestic violence, sexual
assault, or stalking, and/or protected by a court order, including but
not limited to: Orders entered under chapters 26.50, 9A.46, 10.14,
10.99, 26.09, and 26.26 RCW.
(2) A tenant screening service provider or credit reporting agency
who violates this section may be liable in a civil action for damages
sustained by the subject of the report. The prevailing party may
recover court costs and reasonable attorneys' fees.
(3) The legislature finds that the practices covered by this
section are matters vitally affecting the public interest for the
purpose of applying the consumer protection act, chapter 19.86 RCW. A
violation of this section is not reasonable in relation to the
development and preservation of business and is an unfair or deceptive
act in trade or commerce and an unfair method of competition for the
purpose of applying the consumer protection act, chapter 19.86 RCW.
NEW SECTION. Sec. 6 A new section is added to chapter 59.18 RCW
to read as follows:
(1) A tenant who has obtained a court order from a court of
competent jurisdiction granting him or her possession of a dwelling
unit to the exclusion of one or more cotenants may request that a lock
be replaced or configured for a new key at the tenant's expense. The
landlord shall, if provided a copy of the order, comply with the
request and shall not provide copies of the new keys to the tenant
restrained or excluded by the court's order. This section does not
release a cotenant, other than a household member who is the victim of
domestic violence, sexual assault, or stalking, from liability or
obligations under the rental agreement.
(2) A landlord who replaces a lock or configures for a new key of
a residential housing unit in accordance with subsection (1) of this
section shall be held harmless from liability for any damages that
result directly from the lock change.
NEW SECTION. Sec. 7 RCW 59.18.356 (Threatening behavior--Violation of order for protection -- Termination of agreement -- Financial
obligations) and 1992 c 38 s 7 are each repealed.
NEW SECTION. Sec. 8 This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the
state government and its existing public institutions, and takes effect
immediately.