HOUSE BILL REPORT

SSB 6247

BYSenate Committee on Law & Justice (originally sponsored by Senators Nelson, Vognild and Sellar)

Restricting civil actions to appoint receivers to manage real property.

House Committe on Judiciary

Majority Report:  Do pass.  (12)

      Signed by Representatives Crane, Vice Chair; Padden, Ranking Republican Member; Belcher, Forner, Hargrove, Inslee, Moyer, H. Myers, Schmidt, Scott, D. Sommers and Tate.

Minority Report:  Do not pass.  (4)

      Signed by Representatives Appelwick, Chair; Dellwo, R. Meyers and Wineberry.

House Staff:Bill Perry (786-7123)

AS REPORTED BY COMMITTEE ON JUDICIARY FEBRUARY 22, 1990

BACKGROUND:

Certain municipal housing codes contain ordinances which authorize a city official or tenants in a building to seek to have a receiver appointed in superior court to take possession of and manage a building if it is unfit for human habitation, is a hazard to the health and safety of the occupants or public, or when the owner or manager fails to comply with code provisions.

SUMMARY:

Cities and towns may authorize civil actions by private parties to appoint a receiver to manage private, residential and multi-family real property.  Parties are first required to exhaust all applicable remedies provided in the Residential Landlord-Tenant Act.  A court must find substantial and compelling evidence that uninhabitable conditions exist in the property at issue before appointing a receiver.

Fiscal Note:      Not Requested.

House Committee ‑ Testified For:    John Woodring, Washington Apartment Association.

House Committee - Testified Against:      Steve Fredrickson, Evergreen Legal Services.

House Committee - Testimony For:    Current law, including the Residential Landlord-Tenant Act, adequately covers this subject.  The bill only requires use of applicable remedies under the landlord-tenant law.

House Committee - Testimony Against:      Local communities should be free to adopt ordinances to respond to potential local problems.  There have been no cases at all under the current local ordinances let alone any hardships to landlords.  Requiring use of all applicable remedies under the landlord-tenant law makes the ordinances meaningless.