BILL REQ. #:  S-4521.1 

READ FIRST TIME 02/03/12.   

     AN ACT Relating to the use of certain unlawful detainer and protection order records to protect housing opportunities; adding a new section to chapter 59.18 RCW; creating a new section; and prescribing penalties.

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

NEW SECTION.  Sec. 1   The legislature finds that unfettered public access to civil court records materially diminishes the ability of some rental applicants to obtain rental housing in this state. This often affects individuals who have sought orders of protection against domestic violence, sexual assault, or stalking, who have been unjustly sued for eviction, or who have acquired civil court records that are not predictive of their suitability for residential tenancies. These records are commonly searched and compiled by tenant screening companies and reported to residential landlords who frequently deny housing to applicants about whom the records pertain, often with little or no regard for the circumstances, merits, or dispositions of the civil litigation. Such use of court records is contrary to the public policy of this state. Such use of court records also does not contribute to public oversight of the administration of justice, and tends to undermine the legitimacy of our civil courts by systematically deterring people from appearing in court, even when they have meritorious claims or defenses.

NEW SECTION.  Sec. 2   A new section is added to chapter 59.18 RCW to read as follows:
     (1) A landlord may not refuse to renew or enter into a rental agreement based upon a court record indicating that the tenant, applicant, or household member was a defendant in a civil case in which:
     (a) The court entered a final order in an unlawful detainer action, and the tenant, applicant, or household member was not found guilty of unlawful detainer or otherwise in unlawful possession of the disputed premises;
     (b) The tenant, applicant, or household member occupied the real property as a tenant prior to a foreclosure sale concerning the same premises, and the action was filed less than ninety days after the foreclosure sale;
     (c) Notwithstanding any other findings or orders in the unlawful detainer action, the tenant, applicant, or household member prevailed on an affirmative defense, counterclaim, or setoff asserted in the action, such as a claim for breach of an implied warranty of habitability or breach of the covenant of quiet enjoyment; or
     (d) A judgment entered solely for nonpayment of rent was entered but was fully cured, and the tenancy was reinstated pursuant to RCW 59.12.170, 59.12.190, or 59.18.410, or any other law.
     (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.