DEPARTMENT OF COMMERCE

[Filed December 2, 2025, 9:00 a.m.]

Preproposal statement of inquiry was filed as WSR 25-19-086.

Title of Rule and Other Identifying Information: Chapter 365-250 WAC, The landlord mitigation program—Maintaining confidentiality of personally identifying information received through the landlord survivor relief program.

Hearing Location(s): On Monday, February 9, 2026, at 11:00 a.m. - 12:00 p.m., online/virtual via Zoom at https://wastatecommerce.zoom.us/j/85926288380?pwd=aqoDkThkiLEcSnel3PdaJFxyLBaKD8.1, Meeting ID 859 2628 8380, Passcode 387033. This hearing is open to the public. Registration is required at https://wastatecommerce.zoom.us/meeting/register/K8rjes0sQ22NPBe3D9he9A. Call-in option: One-tap mobile +12532158782,,85926288380#,,,,*387033# US (Tacoma).

Date of Intended Adoption: Monday, February 16, 2026.

Submit Written Comments to: Kayla Judd, 1011 Plum Street S.E., P.O. Box 42525, Olympia, WA 98504, email Kayla.Judd@commerce.wa.gov, beginning Wednesday, December 17, 2025, at 12:00 p.m., by Monday, February 9, 2026, at 5:00 p.m.

Assistance for Persons with Disabilities: Contact Kayla Judd, phone 360-725-3067, email Kayla.Judd@commerce.wa.gov, by Friday, January 23, 2026, at 5:00 p.m.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: This rule-making process will develop rules pertaining to the redaction of personally identifying information from public records related to the landlord mitigation program and landlord survivor relief program. Rules are required to specify what personally identifying information can be redacted.

Reasons Supporting Proposal: Disclosing personally identifying information in public records requests could threaten the security of survivors of domestic violence, sexual assault, unlawful harassment, or stalking. Additionally, the department of commerce (commerce) may be unable to successfully defend redaction of personally identifying information in a court if WAC does not exist. This rule-making process addresses these concerns.

Statutory Authority for Adoption: RCW 43.31.605 pertains to the landlord mitigation program and grants rule-making authority as commerce deems necessary to administer the program.

Statute Being Implemented: RCW 43.31.605.

Rule is not necessitated by federal law, federal or state court decision.

Name of Proponent: Department of commerce, governmental.

Name of Agency Personnel Responsible for Drafting: Kayla Judd, 1011 Plum Street S.E., P.O. Box 42525, Olympia, WA 98504, 360-725-3067; Implementation and Enforcement: Jeff Shannon, 1011 Plum Street S.E., P.O. Box 42525, Olympia, WA 98504, 360-725-2949.

A school district fiscal impact statement is not required under RCW 28A.305.135.

A cost-benefit analysis is not required under RCW 34.05.328.

This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:

Is exempt under RCW 19.85.025(3) as the rules relate only to internal governmental operations that are not subject to violation by a nongovernment party.

Scope of exemption for rule proposal:

Chapter 365-250 WAC

THE LANDLORD MITIGATION PROGRAM—MAINTAINING CONFIDENTIALITY OF PERSONALLY IDENTIFYING INFORMATION RECEIVED THROUGH THE LANDLORD SURVIVOR RELIEF PROGRAM

WAC 365-250-010Purpose and authority.

(1) The purpose of this chapter is to establish regulations for the department administering the landlord mitigation program regarding personally identifying information received through the landlord survivor relief program.

(2) Authority for this chapter and the following regulations is granted in RCW 43.31.605.

(3) The landlord mitigation program will maintain the confidentiality of all personally identifying information, confidential communications, and all confidential information received through the landlord survivor relief program. Information that individually or together with other information could identify a particular survivor of domestic violence, sexual assault, unlawful harassment, or stalking will also be kept confidential.

WAC 365-250-020Definitions.

"Personally identifying information" or "personal information" means individually identifying information for or about an individual. This includes information likely to disclose the location of a victim of domestic violence, dating violence, sexual assault, or stalking, regardless of whether the information is encoded, encrypted, hashed, or otherwise protected. This includes:

(1) A first and/or last name;

(2) Children's names;

(3) A home or other physical address;

(4) Contact information (including a postal, email, or internet protocol address, or telephone or facsimile number);

(5) A Social Security number, driver license number, passport number, or student identification number;

(6) Police reports or police report numbers;

(7) Protection order numbers;

(8) Signature;

(9) Date of birth;

(10) Racial or ethnic background;

(11) Religious affiliation;

(12) Other information that would personally identify a victim of domestic violence who seeks or has received services from a domestic violence program; or

(13) Such other information which, taken individually or together with other identifying information, that would serve to identify any individual.