BILL REQ. #:  H-0966.1 

Read first time 01/25/11.   Referred to Committee on Judiciary.

     AN ACT Relating to tenant screening under the residential landlord-tenant act; amending RCW 59.18.257; and adding a new section to chapter 59.18 RCW.

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

Sec. 1   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 or using a tenant screening service 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))) A landlord must provide a prospective tenant with all of the screening criteria that may be used to determine tenancy before charging the prospective tenant any fee for using a tenant screening service or obtaining background information used in the screening process. Screening criteria may include:
     (a) Whether the information obtained could not be verified or was different than what was provided by the prospective tenant;
     (b) Whether the information obtained was inadequate because the prospective tenant did not provide all of the required information;
     (c) Employment history;
     (d) Rental history;
     (e) Income standards or affordability tests;
     (f) Credit history;
     (g) Criminal history;
     (h) Information in public records; or
     (i) Any other factor, unless prohibited by law, explained in writing to the prospective tenant.
     (4)(a) A landlord must provide any prospective tenant who is denied housing with a notice that informs the prospective tenant of the reason or reasons that the prospective tenant's application was denied.
     (b) The landlord must specify one or more of the screening criteria provided to the prospective tenant under subsection (3) of this section as a basis for the denial.
     (c) The landlord must also inform the prospective tenant of the source of the information used as the basis for denial of the application and contact information for that source, unless the source was provided by the prospective tenant. Categories of sources include:
     (i) A consumer reporting agency;
     (ii) A tenant screening service;
     (iii) Public records searched by the landlord;
     (iv) Persons or businesses provided by the prospective tenant in the application and contacted by the landlord; and
     (v) Other sources as specified by the landlord in the notice.
     (5) Any landlord who violates this section may be liable to the prospective tenant for an amount not to exceed one hundred dollars. The prevailing party may also recover court costs and reasonable attorneys' fees.

NEW SECTION.  Sec. 2   A new section is added to chapter 59.18 RCW to read as follows:
     A tenant screening service shall not include in a tenant screening report provided to a landlord a qualified victim protection record pertaining to the prospective tenant. For the purposes of this section, "qualified victim protection record" means a record or information concerning any judicial or administrative proceeding in which the person about whom the record or information pertains sought to obtain any no-contact order or order of protection from domestic violence, sexual assault, stalking, harassment, or other violent crime, including any petition or proceeding for a no-contact order or protection order under chapter 9A.46, 10.14, 10.99, 26.09, 26.26, or 26.50 RCW.