H-2638.1

HOUSE BILL 2265

ByRepresentatives Mena, Peterson, Parshley, Reed, Ramel, Santos, Street, Scott, Thomas, Doglio, Gregerson, Ormsby, Farivar, Hill, Pollet, Salahuddin, and Wylie

AN ACT Relating to protecting tenants from periods of extreme heat; amending RCW 59.18.390; reenacting and amending RCW 59.18.060; adding a new section to chapter 59.18 RCW; and adding a new section to chapter 59.20 RCW.

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

NEW SECTION.  Sec. 1. A new section is added to chapter 59.18 RCW to read as follows:

(1) A landlord may not prohibit or restrict a tenant from installing a portable cooling device of the tenant's choosing, unless:

(a) The installation of the portable cooling device would:

(i) Violate building codes or state or federal law;

(ii) Violate the portable cooling device manufacturer's written safety guidelines for the device;

(iii) Cause unreasonable damage to the premises or render the premises uninhabitable; or

(iv) Require amperage to power the portable cooling device that cannot be accommodated by the power service to the building, dwelling unit, or circuit. A landlord who limits the use of portable cooling devices for this reason must prioritize allowing the use of portable cooling devices for tenants who require a portable cooling device to accommodate a disability as defined by state and federal law. A landlord is not responsible for any interruption in electrical service that is not caused by the landlord, including interruptions caused by an electrical supply's inability to accommodate the use of a portable cooling device;

(b) The portable cooling device would be installed in a window, and:

(i) The window is a necessary egress from the dwelling unit;

(ii) The portable cooling device would interfere with the tenant's ability to lock a window that is accessible from outside;

(iii) The portable cooling device requires the excessive use of brackets or other hardware that would damage or void the warranty of the window or frame, puncture the exterior wall of the building, or otherwise cause significant damages;

(iv) The installation of the portable cooling device in the window would not allow for adequate drainage to prevent damage to the dwelling unit or building; or

(v) The portable cooling device cannot be secured in a way that prevents it from falling out of the window; or

(c) The dwelling already has a permanently installed and fully operational heat pump that is capable of cooling the dwelling.

(2) A landlord may not enforce a restriction on portable cooling devices against a tenant unless the restriction is allowed under this section and is delivered to the tenant in writing.

(3) A landlord is immune from liability for any claim for damages, injury, or death caused by a portable cooling device installed by the tenant.

(4) A landlord must include written information in the rental agreement or lease notifying a tenant of the tenant's rights, responsibilities, and restrictions related to installation and operation of a portable cooling device.

(5) For the purposes of this section, a "portable cooling device" means air conditioners and evaporative coolers, including devices mounted in a window or that are designed to sit on the floor but not including devices whose installation or use requires alteration to the dwelling unit.

NEW SECTION.  Sec. 2. A new section is added to chapter 59.20 RCW to read as follows:

(1) A landlord may not prohibit or restrict a tenant from installing a portable cooling device of the tenant's choosing, unless:

(a) The installation of the portable cooling device would:

(i) Violate building codes or state or federal law;

(ii) Violate the portable cooling device manufacturer's written safety guidelines for the device;

(iii) Cause unreasonable damage to the manufactured/mobile home or manufactured/mobile home community; or

(iv) Require amperage to power the portable cooling device that cannot be accommodated by the power service to the manufactured/mobile home community, manufactured/mobile home, or circuit. A landlord who limits the use of portable cooling devices for this reason must prioritize allowing the use of portable cooling devices for tenants who require a portable cooling device to accommodate a disability as defined by state and federal law. A landlord is not responsible for any interruption in electrical service that is not caused by the landlord, including interruptions caused by an electrical supply's inability to accommodate the use of a portable cooling device;

(b) The portable cooling device would be installed in a window, and:

(i) The window is a necessary egress from the manufactured/mobile home;

(ii) The portable cooling device would interfere with the tenant's ability to lock a window that is accessible from outside;

(iii) The portable cooling device requires the excessive use of brackets or other hardware that would damage or void the warranty of the window or frame, puncture the exterior wall of the manufactured/mobile home, or otherwise cause significant damages;

(iv) The installation of the portable cooling device in the window would not allow for adequate drainage to prevent damage to the manufactured/mobile home; or

(v) The portable cooling device cannot be secured in a way that prevents it from falling out of the window; or

(c) The manufactured/mobile home already has a permanently installed and fully operational heat pump that is capable of cooling the manufactured/mobile home.

(2) A landlord may not enforce a restriction on portable cooling devices against a tenant unless the restriction is allowed under this section and is delivered to the tenant in writing.

(3) A landlord is immune from liability for any claim for damages, injury, or death caused by a portable cooling device installed by the tenant.

(4) A landlord must include written information in the rental agreement or lease notifying a tenant of the tenant's rights, responsibilities, and restrictions related to installation and operation of a portable cooling device.

(5) For the purposes of this section, a "portable cooling device" means air conditioners and evaporative coolers, including devices mounted in a window or that are designed to sit on the floor but not including devices whose installation or use requires alteration to the manufactured/mobile home.

Sec. 3. RCW 59.18.060 and 2023 c 331 s 5 and 2023 c 105 s 8 are each reenacted and amended to read as follows:

The landlord will at all times during the tenancy keep the premises fit for human habitation, and shall in particular:

(1) Maintain the premises to substantially comply with any applicable code, statute, ordinance, or regulation governing their maintenance or operation, which the legislative body enacting the applicable code, statute, ordinance or regulation could enforce as to the premises rented if such condition endangers or impairs the health or safety of the tenant;

(2) Maintain the structural components including, but not limited to, the roofs, floors, walls, chimneys, fireplaces, foundations, and all other structural components, in reasonably good repair so as to be usable;

(3) Keep any shared or common areas reasonably clean, sanitary, and safe from defects increasing the hazards of fire or accident;

(4) Provide a reasonable program for the control of infestation by insects, rodents, and other pests at the initiation of the tenancy and, except in the case of a single-family residence, control infestation during tenancy except where such infestation is caused by the tenant;

(5) Except where the condition is attributable to wear resulting from ordinary use of the premises, make repairs and arrangements necessary to put and keep the premises in as good condition as it by law or rental agreement should have been, at the commencement of the tenancy;

(6) Provide reasonably adequate locks and furnish keys to the tenant;

(7) Maintain and safeguard with reasonable care any master key or duplicate keys to the dwelling unit;

(8) Maintain all electrical, plumbing, heating, cooling, and other facilities and appliances supplied by him or her in reasonably good working order;

(9) Maintain the dwelling unit in reasonably weathertight condition;

(10) Except in the case of a single-family residence, provide and maintain appropriate receptacles in common areas for the removal of ashes, rubbish, and garbage, incidental to the occupancy and arrange for the reasonable and regular removal of such waste;

(11) Provide facilities adequate to supply ((heat))heating and cooling and water and hot water as reasonably required by the tenant;

(a) The landlord may not effect an involuntary termination of electric utility or water service due to lack of payment to any tenant on any day for which the national weather service has issued or has announced that it intends to issue a heat-related alert, such as an ((excessive))extreme heat warning, a heat advisory, an ((excessive))extreme heat watch, or a similar alert, for the area in which the tenant's address is located.

(b)(i) A tenant at whose dwelling electric or water utility service has been disconnected for lack of payment may request that the landlord reconnect service on any day for which the national weather service has issued or has announced that it intends to issue a heat-related alert, such as an ((excessive))extreme heat warning, a heat advisory, an ((excessive))extreme heat watch, or a similar alert, for the area in which the tenant's address is located. The landlord shall inform all tenants in the notice of disconnection of the ability to seek reconnection and provide clear and specific information on how to make that request, including how to contact the landlord.

(ii) Upon receipt of a request made pursuant to (b)(i) of this subsection, the landlord shall promptly make a reasonable attempt to reconnect service to the dwelling. The landlord, in connection with a request made pursuant to (b)(i) of this subsection, may require the tenant to enter into a payment plan prior to reconnecting service to the dwelling. If the landlord requires the tenant to enter into a repayment plan, the repayment plan must comply with (c) of this subsection.

(c) A repayment plan required by a landlord pursuant to (b)(i) of this subsection will be designed both to pay the past due bill by the following May 15th, or as soon as possible after May 15th if needed to maintain monthly payments that are no greater than six percent of the tenant's monthly income, and to pay for continued utility service. The plan may not require monthly payments in excess of six percent of the tenant's monthly income. A tenant may agree to pay a higher percentage during this period, but will not be in default unless payment during this period is less than six percent of the tenant's monthly income. If assistance payments are received by the tenant subsequent to implementation of the plan, the tenant shall contact the landlord to reformulate the plan;

(12)(a) Provide a written notice to all tenants disclosing fire safety and protection information. The landlord or his or her authorized agent must provide a written notice to the tenant that the dwelling unit is equipped with a smoke detection device as required in RCW 43.44.110. The notice shall inform the tenant of the tenant's responsibility to maintain the smoke detection device in proper operating condition and of penalties for failure to comply with the provisions of RCW 43.44.110(3). The notice must be signed by the landlord or the landlord's authorized agent and tenant with copies provided to both parties. Further, except with respect to a single-family residence, the written notice must also disclose the following:

(i) Whether the smoke detection device is hard-wired or battery operated;

(ii) Whether the building has a fire sprinkler system;

(iii) Whether the building has a fire alarm system;

(iv) Whether the building has a smoking policy, and what that policy is;

(v) Whether the building has an emergency notification plan for the occupants and, if so, provide a copy to the occupants;

(vi) Whether the building has an emergency relocation plan for the occupants and, if so, provide a copy to the occupants; and

(vii) Whether the building has an emergency evacuation plan for the occupants and, if so, provide a copy to the occupants.

(b) The information required under this subsection may be provided to a tenant in a multifamily residential building either as a written notice or as a checklist that discloses whether the building has fire safety and protection devices and systems. The checklist shall include a diagram showing the emergency evacuation routes for the occupants.

(c) The written notice or checklist must be provided to new tenants at the time the lease or rental agreement is signed;

(13) Provide tenants with information provided or approved by the department of health about the health hazards associated with exposure to indoor mold. Information may be provided in written format individually to each tenant, or may be posted in a visible, public location at the dwelling unit property. The information must detail how tenants can control mold growth in their dwelling units to minimize the health risks associated with indoor mold. Landlords may obtain the information from the department's website or, if requested by the landlord, the department must mail the information to the landlord in a printed format. When developing or changing the information, the department of health must include representatives of landlords in the development process. The information must be provided by the landlord to new tenants at the time the lease or rental agreement is signed;

(14) The landlord and his or her agents and employees are immune from civil liability for failure to comply with subsection (13) of this section except where the landlord and his or her agents and employees knowingly and intentionally do not comply with subsection (13) of this section; and

(15) Designate to the tenant the name and address of the person who is the landlord by a statement on the rental agreement or by a notice conspicuously posted on the premises. The tenant shall be notified immediately of any changes in writing, which must be either (a) delivered personally to the tenant or (b) mailed to the tenant and conspicuously posted on the premises. If the person designated in this section does not reside in the state where the premises are located, there shall also be designated a person who resides in the county who is authorized to act as an agent for the purposes of service of notices and process, and if no designation is made of a person to act as agent, then the person to whom rental payments are to be made shall be considered such agent. Regardless of such designation, any owner who resides outside the state and who violates a provision of this chapter is deemed to have submitted himself or herself to the jurisdiction of the courts of this state and personal service of any process may be made on the owner outside the state with the same force and effect as personal service within the state. Any summons or process served out-of-state must contain the same information and be served in the same manner as personal service of summons or process served within the state, except the summons or process must require the party to appear and answer within 60 days after such personal service out of the state. In an action for a violation of this chapter that is filed under chapter 12.40 RCW, service of the notice of claim outside the state must contain the same information and be served in the same manner as required under chapter 12.40 RCW, except the date on which the party is required to appear must not be less than 60 days from the date of service of the notice of claim.

No duty shall devolve upon the landlord to repair a defective condition under this section, nor shall any defense or remedy be available to the tenant under this chapter, where the defective condition complained of was caused by the conduct of such tenant, his or her family, invitee, or other person acting under his or her control, or where a tenant unreasonably fails to allow the landlord access to the property for purposes of repair. When the duty imposed by subsection (1) of this section is incompatible with and greater than the duty imposed by any other provisions of this section, the landlord's duty shall be determined pursuant to subsection (1) of this section.

Sec. 4. RCW 59.18.390 and 2019 c 356 s 8 are each amended to read as follows:

(1) The sheriff shall, upon receiving the writ of restitution, forthwith serve a copy thereof upon the tenant, his or her agent, or attorney, or a person in possession of the premises, and shall not execute the same for three days thereafter.

(3) After the issuance of a writ of restitution, acceptance of a payment by the landlord that only partially satisfies the judgment will not invalidate the writ unless pursuant to a written agreement executed by both parties. The eviction will not be postponed or stopped unless a copy of that written agreement is provided to the sheriff. It is the responsibility of the tenant to ensure a copy of the agreement is provided to the sheriff. Upon receipt of the agreement, the sheriff will cease action unless ordered to do otherwise by the court.

(4) The writ of restitution and the notice that accompanies the writ of restitution required under RCW 59.18.312 shall conspicuously state in boldface type, all capitals, not less than twelve points information about partial payments and heat-related alerts as set forth in subsection (((2)))(8) of this section.

(5) If the writ of restitution has been based upon a finding by the court that the tenant, subtenant, sublessee, or a person residing at the rental premises has engaged in drug-related activity or has allowed any other person to engage in drug-related activity at those premises with his or her knowledge or approval, neither the tenant nor a person in possession of the premises shall be entitled to post a bond in order to retain possession of the premises.

(6) The writ may be served by the sheriff, in the event he or she shall be unable to find the tenant, an agent or attorney, or a person in possession of the premises, by affixing a copy of the writ in a conspicuous place upon the premises: PROVIDED, That the sheriff shall not require any bond for the service or execution of the writ.

(7) The sheriff shall be immune from all civil liability for serving and enforcing writs of restitution unless the sheriff is grossly negligent in carrying out his or her duty.

(((2)))(8) The notice accompanying a writ of restitution required under RCW 59.18.312 shall be substantially similar to the following:

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