Strike everything after the enacting clause and insert the following:

NEW SECTION.  Sec. 101. A new section is added to chapter 59.18 RCW to read as follows:

(1) Subject to the requirements of RCW 59.18.140, a landlord may not increase the base rent paid by a tenant in an amount greater than seven percent or more above the base rent plus the consumer price index as of April 1st of the current year as published by the United States bureau of labor statistics without providing a minimum of 120 days' written notice before the increase takes effect.

(2) If a landlord seeks to increase the amount of base rent by more than seven percent plus the consumer price index described in subsection (1) of this section, the tenant may terminate the tenancy at any point prior to the effective date of the increase by providing at least 30 days' written notice for a month-to-month or periodic tenancy or at least 45 days' notice for a tenancy of a specified period, and the tenant owes rent for the full month in which the tenant vacates the dwelling unit. A landlord may not charge a tenant any fines or fees for terminating a rental agreement under this subsection.

(3) Subsection (1) of this section does not prohibit a landlord from adjusting the rent by any amount after a tenant vacates the dwelling unit and the tenancy ends.

(4) For the purposes of this section, "base rent" means the lowest monthly or periodic rent paid by the tenant in the 12 months preceding the date of the notice of rent increase. "Base rent" does not include amounts paid for utilities where such amounts are paid separately from rent and are based upon actual utility usage.

NEW SECTION.  Sec. 102. A new section is added to chapter 59.18 RCW to read as follows:

A tenancy is exempt from section 101 of this act if the tenancy: 

(1) Is in a dwelling unit owned or operated by a public housing authority, or a public development authority, or another landlord where maximum rents are regulated by other laws, or local, state, or federal affordable housing program requirements;

(2) Is in a dwelling unit owned or operated by an organization with a recorded covenant requiring that at least 50 percent of the dwelling units are affordable for households at or below 80 percent average median income within the county for at least 50 years; or

(3) Is in a dwelling unit in which the tenant shares a bathroom or kitchen facility with the owner who maintains their principal residence at the premises.

Sec. 103. RCW 59.18.140 and 2019 c 105 s 1 are each amended to read as follows:

(1) The tenant shall conform to all reasonable obligations or restrictions, whether denominated by the landlord as rules, rental agreement, rent, or otherwise, concerning the use, occupation, and maintenance of his or her dwelling unit, appurtenances thereto, and the property of which the dwelling unit is a part if such obligations and restrictions are not in violation of any of the terms of this chapter and are not otherwise contrary to law, and if such obligations and restrictions are brought to the attention of the tenant at the time of his or her initial occupancy of the dwelling unit and thus become part of the rental agreement.

(2) Except for termination of tenancy and an increase in the amount of rent, after ((thirty))30 days written notice to each affected tenant, a new rule of tenancy may become effective upon completion of the term of the rental agreement or sooner upon mutual consent.

(3)(a) Except as provided in section 101 of this act, (b) of this subsection, and subsection (5) of this section, a landlord shall provide a minimum of ((sixty))90 days' prior written notice of an increase in the amount of rent to each affected tenant, and any increase in the amount of rent may not become effective prior to the completion of the term of the rental agreement.

(b) If the rental agreement governs a subsidized tenancy where the amount of rent is based on the income of the tenant or circumstances specific to the subsidized household, a landlord shall provide a minimum of ((thirty))30 days' prior written notice of an increase in the amount of rent to each affected tenant. An increase in the amount of rent may become effective upon completion of the term of the rental agreement or sooner upon mutual consent.

Sec. 104. RCW 59.18.170 and 2020 c 177 s 1 are each amended to read as follows:

(1) If at any time during the tenancy the tenant fails to carry out the duties required by RCW 59.18.130 or 59.18.140, the landlord may, in addition to pursuit of remedies otherwise provided by law, give written notice to the tenant of said failure, which notice shall specify the nature of the failure.

(2) The landlord may not charge a late fee for rent that is paid within five days following its due date. If rent is more than five days past due, the landlord may charge late fees commencing from the first day after the due date until paid. Late fees may not exceed $75 per month. Nothing in this subsection prohibits a landlord from serving a notice to pay or vacate at any time after the rent becomes due.

(3) When late fees may be assessed after rent becomes due, the tenant may propose that the date rent is due in the rental agreement be altered to a different due date of the month. The landlord shall agree to such a proposal if it is submitted in writing and the tenant can demonstrate that his or her primary source of income is a regular, monthly source of governmental assistance that is not received until after the date rent is due in the rental agreement. The proposed rent due date may not be more than five days after the date the rent is due in the rental agreement. Nothing in this subsection shall be construed to prevent a tenant from making a request for reasonable accommodation under federal, state, or local law.

Sec. 105. RCW 59.18.270 and 2011 c 132 s 14 are each amended to read as follows:

(3) All moneys paid to the landlord by the tenant as a deposit as security for performance of the tenant's obligations in a lease or rental agreement shall promptly be deposited by the landlord in a trust account, maintained by the landlord for the purpose of holding such security deposits for tenants of the landlord, in a financial institution as defined by RCW ((30.22.041))30A.22.041 or licensed escrow agent located in Washington. Unless otherwise agreed in writing, the landlord shall be entitled to receipt of interest paid on such trust account deposits. The landlord shall provide the tenant with a written receipt for the deposit and shall provide written notice of the name and address and location of the depository and any subsequent change thereof. If during a tenancy the status of landlord is transferred to another, any sums in the deposit trust account affected by such transfer shall simultaneously be transferred to an equivalent trust account of the successor landlord, and the successor landlord shall promptly notify the tenant of the transfer and of the name, address, and location of the new depository. If, during the tenancy, the tenant's dwelling unit is foreclosed upon and the tenant's deposit is not transferred to the successor after the foreclosure sale or other transfer of the property from the foreclosed-upon owner to a successor, the foreclosed-upon owner shall promptly refund the full deposit to the tenant immediately after the foreclosure sale or transfer. If the foreclosed-upon owner does not either immediately refund the full deposit to the tenant or transfer the deposit to the successor, the foreclosed-upon owner is liable to the tenant for damages up to two times the amount of the deposit. In any action brought by the tenant to recover the deposit, the prevailing party is entitled to recover the costs of suit or arbitration, including reasonable attorneys' fees. The tenant's claim to any moneys paid under this section shall be prior to that of any creditor of the landlord, including a trustee in bankruptcy or receiver, even if such moneys are commingled.

NEW SECTION.  Sec. 106. A new section is added to chapter 59.18 RCW to read as follows:

Except as specifically provided in this chapter, a landlord may not charge the tenant any one-time fees at the initiation of the tenancy. The landlord may charge the tenant a one-time fee associated with the tenant's conduct in violation of RCW 59.18.130 or a violation of rules specifically identified in the lease, provided the landlord identifies the amount of any fee for such conduct-based violation in the lease.

NEW SECTION.  Sec. 107. A new section is added to chapter 59.18 RCW to read as follows:

(1) If a landlord increases rent in violation of this act, the tenant must offer the landlord an opportunity to cure the unauthorized increase by providing the landlord with a written demand to comply with this act. 

(2) After the tenant has complied with subsection (1) of this section, the tenant or the attorney general may bring an action in a court of competent jurisdiction to enforce compliance with section 101 of this act. If the court finds that a landlord violated section 101 of this act, the court may award the damages and attorneys' fees and costs to the tenant including:

(a) Damages in the amount of:

(i) Any excess rent, fees, or other costs paid by the tenant; or

(ii) Up to three months of any unlawful rent, fees, or other costs charged by the landlord; and

(b) Reasonable attorneys' fees and costs incurred in bringing the action.

(3) A landlord may not report the tenant to a consumer reporting agency for failure to pay the portion of the tenant's rent that was unlawfully increased in violation of this section.

NEW SECTION.  Sec. 201. A new section is added to chapter 59.20 RCW to read as follows:

(1)(a) A landlord must provide written notice at least three months before any increase in the amount of rent paid by a tenant takes effect. If a landlord seeks to increase the amount of rent paid by a tenant in an amount greater than seven percent above the base rent plus the consumer price index as of April 1st of the current year as published by the United States bureau of labor statistics, the landlord must provide written notice three months before the increase takes effect.

(b) The notice must inform the tenant, in clear language, that because the landlord seeks to increase the rent paid by the tenant in an amount more than seven percent plus the consumer price index described in (a) of this subsection, pursuant to subsection (2) of this section the tenant may terminate the tenancy at any point prior to the effective date of the increase by providing at least 30 days' notice for a month-to-month or periodic tenancy or at least 45 days' notice for a tenancy of a specified period. If the tenant terminates the rental agreement, the tenant owes rent for the full month in which the tenant vacates the dwelling unit. A landlord may not charge a tenant any fines or fees for terminating a rental agreement under this subsection.

(2) If a landlord seeks to increase the amount of rent by more than seven percent plus the consumer price index described in subsection (1)(a) of this section, the tenant may terminate the tenancy at any point prior to the effective date of the increase by providing at least 30 days' notice for a month-to-month or periodic tenancy or at least 45 days' notice for a tenancy of a specified period. If the tenant terminates the rental agreement, the tenant owes rent for the full month in which the tenant vacates the dwelling unit. A landlord may not charge a tenant any fines or fees for terminating a rental agreement under this subsection. 

(3) For the purposes of this section, "base rent" means the lowest monthly or periodic rent paid by the tenant in the 12 months preceding the date of the notice of rent increase. "Base rent" does not include amounts paid for utilities.

(4) A landlord may not report a tenant to a tenant screening service provider for failure to pay the portion of the tenant's rent that was unlawfully increased in violation of this section.

(5) This section does not apply to the first renewal of a rental agreement assigned to a person to whom title to a mobile home, manufactured home, or park model is transferred or sold under the provisions of RCW 59.20.073, provided that the amount of rent for the first renewal is documented and provided to the buyer along with all other documentation required under RCW 59.20.073 (4)(b).

NEW SECTION.  Sec. 202. A new section is added to chapter 59.20 RCW to read as follows:

(1) Every notice of rent increase must include a statement that Washington law allows a tenant to terminate their rental agreement if rent is increased more than the amount described in section 201 of this act. 

(2) Upon the written consent of the tenant, the landlord may serve notices under this section to the tenant by email at an email address provided by the tenant. The tenant may revoke consent of email notifications in writing at any time prior to delivery of a notice of rent increase. The written consent must include information on how the tenant may revoke consent to email notice.

Sec. 203. RCW 59.20.170 and 2004 c 136 s 2 are each amended to read as follows:

(1) For leases or rental agreements entered into on or after the effective date of this section, if a landlord charges a tenant any security deposits, the security deposits combined may not exceed one month's rent including when the tenant brings any pets into the tenancy, in which case the security deposits may not exceed two months' rent. This subsection (1) does not apply to leases or rental agreements entered into before the effective date of this section, even if such leases or rental agreements are renewed on or after the effective date of this section.

(2) All moneys paid to the landlord by the tenant as a deposit as security for performance of the tenant's obligations in a rental agreement shall promptly be deposited by the landlord in a trust account, maintained by the landlord for the purpose of holding such security deposits for tenants of the landlord, in a financial institution as defined by RCW ((30.22.041))30A.22.041 or licensed escrow agent located in Washington. ((Except as provided in subsection (2) of this section, unless))Unless otherwise agreed in writing, the landlord shall be entitled to receipt of interest paid on such trust account deposits. The landlord shall provide the tenant with a written receipt for the deposit and shall provide written notice of the name and address and location of the depository and any subsequent change thereof. If during a tenancy the status of landlord is transferred to another, any sums in the deposit trust account affected by such transfer shall simultaneously be transferred to an equivalent trust account of the successor landlord, and the successor landlord shall promptly notify the tenant of the transfer and of the name, address and location of the new depository. The tenant's claim to any moneys paid under this section shall be prior to that of any creditor of the landlord, including a trustee in bankruptcy or receiver, even if such moneys are commingled.

(((2) All moneys paid, in excess of two months' rent on the mobile home lot, to the landlord by the tenant as a deposit as security for performance of the tenant's obligations in a rental agreement shall be deposited into an interest-bearing trust account for the particular tenant. The interest accruing on the deposit in the account, minus fees charged to administer the account, shall be paid to the tenant on an annual basis. All other provisions of subsection (1) of this section shall apply to deposits under this subsection.))

Sec. 204. RCW 59.20.030 and 2024 c 325 s 1 are each amended to read as follows:

For purposes of this chapter:

(1) "Abandoned" as it relates to a mobile home, manufactured home, or park model owned by a tenant in a mobile home park, mobile home park cooperative, or mobile home park subdivision or tenancy in a mobile home lot means the tenant has defaulted in rent and by absence and by words or actions reasonably indicates the intention not to continue tenancy;

(2) "Active duty" means service authorized by the president of the United States, the secretary of defense, or the governor for a period of more than 30 consecutive days;

(3) "Community land trust" means a private, nonprofit, community-governed, and/or membership corporation whose mission is to acquire, hold, develop, lease, and steward land for making homes, farmland, gardens, businesses, and other community assets permanently affordable for current and future generations. A community land trust's bylaws prescribe that the governing board is comprised of individuals who reside in the community land trust's service area, one-third of whom are currently, or could be, community land trust leaseholders;

(4) "Eligible organization" includes community land trusts, resident nonprofit cooperatives, local governments, local housing authorities, nonprofit community or neighborhood-based organizations, federally recognized Indian tribes in the state of Washington, and regional or statewide nonprofit housing assistance organizations, whose mission aligns with the long-term preservation of the manufactured/mobile home community;

(5) "Housing and low-income assistance organization" means an organization that provides tenants living in mobile home parks, manufactured housing communities, and manufactured/mobile home communities with information about their rights and other pertinent information;

(6) "Housing authority" or "authority" means any of the public body corporate and politic created in RCW 35.82.030;

(7) "Landlord" or "owner" means the owner of a mobile home park and includes the agents of the owner;

(8) "Local government" means a town government, city government, code city government, or county government in the state of Washington;

(9) "Manufactured home" means a single-family dwelling built according to the United States department of housing and urban development manufactured home construction and safety standards act, which is a national preemptive building code. A manufactured home also: (a) Includes plumbing, heating, air conditioning, and electrical systems; (b) is built on a permanent chassis; and (c) can be transported in one or more sections with each section at least eight feet wide and 40 feet long when transported, or when installed on the site is three hundred twenty square feet or greater;

(10) "Manufactured/mobile home" means either a manufactured home or a mobile home;

(11) "Mobile home" means a factory-built dwelling built prior to June 15, 1976, to standards other than the United States department of housing and urban development code, and acceptable under applicable state codes in effect at the time of construction or introduction of the home into the state. Mobile homes have not been built since the introduction of the United States department of housing and urban development manufactured home construction and safety act;

(12) "Mobile home lot" means a portion of a mobile home park or manufactured housing community designated as the location of one mobile home, manufactured home, or park model and its accessory buildings, and intended for the exclusive use as a primary residence by the occupants of that mobile home, manufactured home, or park model;

(13) "Mobile home park cooperative" or "manufactured housing cooperative" means real property consisting of common areas and two or more lots held out for placement of mobile homes, manufactured homes, or park models in which both the individual lots and the common areas are owned by an association of shareholders which leases or otherwise extends the right to occupy individual lots to its own members;

(14) "Mobile home park subdivision" or "manufactured housing subdivision" means real property, whether it is called a subdivision, condominium, or planned unit development, consisting of common areas and two or more lots held for placement of mobile homes, manufactured homes, or park models in which there is private ownership of the individual lots and common, undivided ownership of the common areas by owners of the individual lots;

(15) "Mobile home park," "manufactured housing community," or "manufactured/mobile home community" means any real property which is rented or held out for rent to others for the placement of two or more mobile homes, manufactured homes, or park models for the primary purpose of production of income, except where such real property is rented or held out for rent for seasonal recreational purpose only and is not intended for year-round occupancy;

(16) "Notice of opportunity to compete to purchase" means a notice required under RCW 59.20.325;

(17) "Notice of sale" means a notice required under RCW 59.20.300 to be delivered to all tenants of a manufactured/mobile home community and other specified parties within 14 days after the date on which any advertisement, listing, or public or private notice is first made advertising that a manufactured/mobile home community or the property on which it sits is for sale or lease. A delivered notice of opportunity to compete to purchase acts as a notice of sale;

(18) "Occupant" means any person, including a live-in care provider, other than a tenant, who occupies a mobile home, manufactured home, or park model and mobile home lot;

(19) "Orders" means written official military orders, or any written notification, certification, or verification from the service member's commanding officer, with respect to the service member's current or future military status;

(20) "Park model" means a recreational vehicle intended for permanent or semi-permanent installation and is used as a primary residence;

(21) "Permanent change of station" means: (a) Transfer to a unit located at another port or duty station; (b) change of a unit's home port or permanent duty station; (c) call to active duty for a period not less than 90 days; (d) separation; or (e) retirement;

(22) "Qualified sale of manufactured/mobile home community" means the sale, as defined in RCW 82.45.010, of land and improvements comprising a manufactured/mobile home community that is transferred in a single purchase to a qualified tenant organization or to an eligible organization for the purpose of preserving the property as a manufactured/mobile home community;

(23) "Qualified tenant organization" means a formal organization of tenants within a manufactured/mobile home community, with the only requirement for membership consisting of being a tenant. If a majority of the tenants, based on home sites within the manufactured/mobile home community, agree that they want to preserve the manufactured/mobile home community then they will appoint a spokesperson to represent the wishes of the qualified tenant organization to the landlord and the landlord's representative;

(24) "Recreational vehicle" means a travel trailer, motor home, truck camper, or camping trailer that is primarily designed and used as temporary living quarters, is either self-propelled or mounted on or drawn by another vehicle, is transient, is not occupied as a primary residence, and is not immobilized or permanently affixed to a mobile home lot;

(25) "Rent" or "rental amount" means the periodic charges identified in the rental agreement for the use and occupancy of the manufactured/mobile home lot. These terms do not include recurring or nonrecurring fees identified in the rental agreement as provided by RCW 59.20.060 for costs incurred related to utilities, late payment, damages, deposits, legal costs, or other fees, including attorneys' fees;

(26) "Resident nonprofit cooperative" means a nonprofit cooperative corporation formed by a group of manufactured/mobile home community residents for the purpose of acquiring the manufactured/mobile home community in which they reside and converting the manufactured/mobile home community to a mobile home park cooperative or manufactured housing cooperative;

(((26)))(27) "Service member" means an active member of the United States armed forces, a member of a military reserve component, or a member of the national guard who is either stationed in or a resident of Washington state;

(((27)))(28) "Tenant" means any person, except a transient, who rents a mobile home lot;

(((28)))(29) "Transient" means a person who rents a mobile home lot for a period of less than one month for purposes other than as a primary residence.

Sec. 303. RCW 35.21.830 and 1981 c 75 s 1 are each amended to read as follows:

(1) The imposition of controls on rent is of statewide significance and is preempted by the state. No city or town of any class may enact, maintain, or enforce ordinances or other provisions which regulate the amount of rent to be charged for single-family or multiple-unit residential rental structures or sites other than properties in public ownership, under public management, or properties providing low-income rental housing under joint public-private agreements for the financing or provision of such low-income rental housing. This section shall not be construed as prohibiting any city or town from entering into agreements with private persons which regulate or control the amount of rent to be charged for rental properties.

Sec. 304. RCW 36.01.130 and 1991 c 363 s 43 are each amended to read as follows:

(1) The imposition of controls on rent is of statewide significance and is preempted by the state. No county may enact, maintain or enforce ordinances or other provisions which regulate the amount of rent to be charged for single-family or multiple-unit residential rental structures or sites other than properties in public ownership, under public management, or properties providing low-income rental housing under joint public-private agreements for the financing or provision of such low-income rental housing. This section shall not be construed as prohibiting any county from entering into agreements with private persons which regulate or control the amount of rent to be charged for rental properties.

On page 1, line 7 of the title, after "enforcement;" strike the remainder of the title and insert "amending RCW 59.18.140, 59.18.170, 59.18.270, 59.20.170, 59.20.030, 35.21.830, and 36.01.130; adding new sections to chapter 59.18 RCW; adding new sections to chapter 59.20 RCW; creating a new section; prescribing penalties; and declaring an emergency."

Changes under the Manufactured/Mobile Home Landlord-Tenant Act (MHLTA):

• Changes the annual rent increase cap for tenants under the MHLTA from seven percent to an amount greater than seven percent or more above the base rent plus the consumer price index as of April 1st of the current year as published by the United States Bureau of Labor Statistics.

• Requires the landlord to provide at least three months written notice before any increase in the amount of the rent paid by the tenant takes effect.

• Modifies the number of days an RLTA tenant must give to terminate a tenancy when the landlord seeks to increase the rent more than seven percent plus the consumer price index from 30 days to at least 45 days' notice for a tenancy of a specified period.

• Defines base rent to mean the lowest monthly or periodic rent paid by the tenant in the 12 months preceding the date of the notice of rent increase, not including amounts paid for utilities.

• Prohibits a landlord from reporting a tenant to a tenant screening service provider for failure to pay the portion of the tenant's rent that was unlawfully increased in violation of this act.

• Alters the requirements for the notice of rent increase to tenants by eliminating the standard form and the requirement that the landlord include any facts supporting any claimed exemptions when increasing the rent above the cap, but requires language be included that notifies the tenant of their right to terminate the tenancy if the increase exceeds the cap.

• Limits a landlord from charging security deposit in excess of one months' rent, and two months' rent if the tenant brings in any pets into the tenancy, for agreements entered into on or after the effective date of the act.

• Changes the definition of rent under the MHLTA to mean periodic charges identified in the rental agreement for the use and occupancy of the manufactured/mobile home lot that do not include recurring or nonrecurring fees identified in the rental agreement for costs incurred related to utilities, late payment, damages, deposits, legal costs, or other fees, including attorneys' fees.