S-3638.3

SENATE BILL 5989

State of Washington
68th Legislature
2024 Regular Session
BySenators Gildon, Lovelett, Nobles, Shewmake, and Stanford
Prefiled 01/04/24.Read first time 01/08/24.Referred to Committee on Housing.
AN ACT Relating to confirmation of property ownership or owner authorization for short-term rentals; and adding a new chapter to Title 19 RCW.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION.  Sec. 1. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Dwelling unit" means a residential dwelling of any type, including a single-family residence, apartment, condominium, cooperative unit, or room, in which a person may obtain living accommodations for less than 30 days, but not including duly licensed bed and breakfast, inn, hotel, motel, or timeshare property.
(2) "Operator" or "short-term rental operator" means any person who receives payment for owning or operating a dwelling unit, or portion thereof, as a short-term rental unit.
(3) "Owner" means any person who, alone or with others, has title or interest in any building, property, dwelling unit, or portion thereof, with or without accompanying actual possession thereof, and including any person who as agent, executor, administrator, trustee, or guardian of an estate has charge, care, or control of any building, dwelling unit, or portion thereof. A person whose sole interest in any building, dwelling unit, or portion thereof is solely that of a lessee under a lease agreement is not considered an owner.
(4) "Person" has the same meaning as provided in RCW 82.04.030.
(5)(a) "Short-term rental" means a lodging use, that is not a hotel or motel or bed and breakfast, in which a dwelling unit, or portion thereof, that is offered or provided to a guest by a short-term rental operator for a fee for fewer than 30 consecutive nights.
(b) "Short-term rental" does not include any of the following:
(i) A dwelling unit, or portion thereof, that is used by the same person for 30 or more consecutive nights; or
(ii) A dwelling unit, or portion thereof, that is operated by an organization or government entity that is registered as a charitable organization with the secretary of state, state of Washington, or is classified by the federal internal revenue service as a public charity or a private foundation, and provides temporary housing to individuals who are being treated for trauma, injury, or disease, or their family members.
(6) "Short-term rental advertisement" means any method of soliciting use of a dwelling unit for short-term rental purposes.
(7) "Short-term rental platform" or "platform" means a person that provides a means through which an operator may offer a dwelling unit, or portion thereof, for short-term rental use, and from which the person or entity financially benefits. Merely publishing a short-term rental advertisement for accommodations does not make the publisher a short-term rental platform.
NEW SECTION.  Sec. 2. Short-term rental platforms must require operators using or contracting with the platform to indicate that the operator is the owner of the dwelling unit, or is authorized by the owner to offer the dwelling unit, or portion thereof, for short-term rental use.
NEW SECTION.  Sec. 3. Sections 1 and 2 of this act constitute a new chapter in Title 19 RCW.
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