CERTIFICATION OF ENROLLMENT
SUBSTITUTE HOUSE BILL 1101
Chapter 23, Laws of 2023
68TH LEGISLATURE
2023 REGULAR SESSION
COMMON INTEREST COMMUNITIES—TENANT SCREENING
EFFECTIVE DATE: July 23, 2023
Passed by the House January 26, 2023
  Yeas 95  Nays 0
LAURIE JINKINS

Speaker of the House of Representatives
Passed by the Senate March 22, 2023
  Yeas 49  Nays 0
DENNY HECK

President of the Senate
CERTIFICATE
I, Bernard Dean, Chief Clerk of the House of Representatives of the State of Washington, do hereby certify that the attached is SUBSTITUTE HOUSE BILL 1101 as passed by the House of Representatives and the Senate on the dates hereon set forth.
BERNARD DEAN

Chief Clerk
Chief Clerk
Approved April 6, 2023 9:15 AM
FILED
April 6, 2023
JAY INSLEE

Governor of the State of Washington
Secretary of State
State of Washington

SUBSTITUTE HOUSE BILL 1101

Passed Legislature - 2023 Regular Session
State of Washington
68th Legislature
2023 Regular Session
ByHouse Housing (originally sponsored by Representatives Taylor, Bergquist, Ramel, and Gregerson)
READ FIRST TIME 01/23/23.
AN ACT Relating to tenant screening in common interest communities; adding a new section to chapter 64.32 RCW; adding a new section to chapter 64.34 RCW; adding a new section to chapter 64.38 RCW; and adding a new section to chapter 64.90 RCW.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION.  Sec. 1. A new section is added to chapter 64.32 RCW to read as follows:
(1) Except as otherwise prohibited by law, and subject to the limitations in subsection (2) of this section, an association of apartment owners may:
(a) Require any apartment owner intending to lease the owner's apartment to use a tenant screening service or obtain background information, including criminal history, on a prospective tenant, at the owner's sole cost and expense, prior to the owner entering into a lease agreement with a prospective tenant; and
(b) Require proof that the tenant screening requirement has been fulfilled or that the background information on a prospective tenant has been obtained by the owner intending to lease the owner's apartment.
(2) An association may not require that a copy of the tenant screening report or any background information pertaining to a tenant be furnished to the association.
NEW SECTION.  Sec. 2. A new section is added to chapter 64.34 RCW to read as follows:
(1) Except as otherwise prohibited by law, and subject to the limitations in subsection (2) of this section, a unit owners' association may:
(a) Require any unit owner intending to lease the owner's unit to use a tenant screening service or obtain background information, including criminal history, on a prospective tenant, at the owner's sole cost and expense, prior to the owner entering into a lease agreement with a prospective tenant; and
(b) Require proof that the tenant screening requirement has been fulfilled or that the background information on a prospective tenant has been obtained by the owner intending to lease the owner's unit.
(2) An association may not require that a copy of the tenant screening report or any background information pertaining to a tenant be furnished to the association.
NEW SECTION.  Sec. 3. A new section is added to chapter 64.38 RCW to read as follows:
(1) Except as otherwise prohibited by law, and subject to the limitations in subsection (2) of this section, a homeowners' association may:
(a) Require any lot owner intending to lease the owner's lot to use a tenant screening service or obtain background information, including criminal history, on a prospective tenant, at the owner's sole cost and expense, prior to the owner entering into a lease agreement with a prospective tenant; and
(b) Require proof that the tenant screening requirement has been fulfilled or that the background information on a prospective tenant has been obtained by the owner intending to lease the owner's lot.
(2) An association may not require that a copy of the tenant screening report or any background information pertaining to a tenant be furnished to the association.
NEW SECTION.  Sec. 4. A new section is added to chapter 64.90 RCW to read as follows:
(1) Except as otherwise prohibited by law, and subject to the limitations in subsection (2) of this section, a unit owners association may:
(a) Require any unit owner intending to lease the owner's unit to use a tenant screening service or obtain background information, including criminal history, on a prospective tenant, at the owner's sole cost and expense, prior to the owner entering into a lease agreement with a prospective tenant; and
(b) Require proof that the tenant screening requirement has been fulfilled or that the background information on a prospective tenant has been obtained by the owner intending to lease the owner's unit.
(2) An association may not require that a copy of the tenant screening report or any background information pertaining to a tenant be furnished to the association.
Passed by the House January 26, 2023.
Passed by the Senate March 22, 2023.
Approved by the Governor April 6, 2023.
Filed in Office of Secretary of State April 6, 2023.
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