HOUSE BILL REPORT

HB 1898

BYRepresentatives Nutley, J. Williams, Leonard, Barnes, Padden, Sanders, Armstrong, Todd, Patrick, Holland, Wineberry and Winsley

Establishing the Washington landlord-tenant review and advisory committee.

House Committe on Housing

Majority Report:  Do pass.  (6)

      Signed by Representatives Nutley, Chair; Leonard, Vice Chair; Armstrong, Barnes, Sanders and J. Williams.

House Staff:Charlie Gavigan (786-7340)

AS PASSED HOUSE FEBRUARY 15, 1988

BACKGROUND:

Current statutes dealing with residential and mobile home landlord-tenant laws were originally passed in this state in 1973 and 1977, respectively.  Prior to that, landlord-tenant law was based on common or court-made law.  The present landlord-tenant statutes govern residential rental situations, and override common law and rental agreements where these conflict with the statutes.

The Residential and the Mobile Home Landlord-tenant Acts list several general provisions, define duties of the landlord and the tenant, provide remedies for the landlord and the tenant, and make mediation and arbitration available.

No state agency is responsible for overseeing this area.  How effective the landlord-tenant statutes are at providing remedies and resolving disputes between landlords and tenants or between mobile home park owners and mobile home owners is argued by both sides of the issue.

SUMMARY:

The Washington Landlord-Tenant Review and Advisory Committee is created.  Except for the legislative members, the committee will be appointed by the Governor.  The committee will consist of the following members: (1) two senators and two representatives, one from each party; (2) three representatives of residential landlords and three representatives of residential tenants; (3) two representatives of mobile home park owners and two representatives of mobile home tenants; (4) one retired superior court judge who will chair the committee; (5) one representative of realtors; and (6) one representative from the Department of Community Development and one representative of local housing authorities.

The committee is to review the Residential and the Mobile Home Landlord-Tenant Acts, and unlawful detainer provisions as they relate to these two statutes, and : (1) make suggestions and recommendations for improvement of the acts; and (2) provide a written report to the legislature by January 1, 1989, which lists agreed findings and also lists areas of disagreement.

The committee is to be staffed by legislative staff from the House Housing and Judiciary committees and the Senate Economic Development and Labor and Law and Justice committees.

Members of the committee will receive no compensation, but may be reimbursed for travel expenses.  The act expires July 1, 1989.

Fiscal Note:      Requested February 1, 1988.

House Committee ‑ Testified For:    Stacey McGahey, Institute of Real Estate Management; Carroll Duval, Apartment Association of Seattle and King County; Mark Gjurasic, Washington Mobile Home Park Owners Association.

House Committee - Testified Against:      None Presented.

House Committee - Testimony For:    This will get all the parties together to define the problems and suggest possible solutions.  Changes to major legislation like the landlord-tenant acts should not be made piecemeal, but should only be made after careful analysis and the involvement of all affected parties.

House Committee - Testimony Against:      None Presented.