BILL REQ. #:  H-0988.1 

Read first time 01/29/13.   Referred to Committee on Judiciary.

     AN ACT Relating to the disclosure of certain information when screening tenants; amending RCW 59.18.580; and adding a new section to chapter 59.18 RCW.

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

Sec. 1   RCW 59.18.580 and 2004 c 17 s 4 are each amended to read as follows:
     (1) A tenant screening service provider may not disclose (a) a tenant's, applicant's, or household member's status as a victim of domestic violence, sexual assault, or stalking, or (b) that a tenant or applicant has previously terminated a rental agreement under RCW 59.18.575.
     (2) 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 RCW 59.18.575.
     (((2))) (3) A tenant screening service provider who discloses information in violation of subsection (1) of this section or a landlord who refuses to enter into a rental agreement in violation of subsection (2) 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))) (4) 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))) (2) of this section.
     (((4))) (5) This section does not prohibit adverse housing decisions based upon other lawful factors within the landlord's knowledge.

NEW SECTION.  Sec. 2   A new section is added to chapter 59.18 RCW to read as follows:
     (1) A tenant screening company may only report or disclose the following outcomes from an unlawful detainer action of a tenant, applicant, or household member in a tenant screening report:
     (a) Default judgment;
     (b) Consent judgment; or
     (c) Judgment after hearing or trial.
     (2) A tenant screening company may not report or disclose any other outcome from an unlawful detainer action of a tenant, applicant, or household member including, but not limited to:
     (a) A dismissal after hearing or trial;
     (b) A dismissal other than after a hearing or trial;
     (c) A judgment and reinstatement; or
     (d) An order setting trial, whether or not a writ of restitution was issued.
     (3) A tenant screening company that discloses information 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.