1200 King County King County Courthouse 516 Third Avenue Seattle, WA 98104 Meeting Agenda Community, Health and Housing Services Committee Councilmembers: Kathy Lambert, Chair; Jeanne Kohl-Welles, Vice Chair; Reagan Dunn, Joe McDermott, Dave Upthegrove, Girmay Zahilay
Lead Staff: Sam Porter (206-263-9206) Committee Clerk: Sharon Daly (206-477-0870)
9:30 AM Wednesday, June 9, 2021 Virtual Meeting
PUBLIC NOTICE: The Community, Health and Housing Services Committee meetings will be held virtually until further notice. To help prevent the spread of the COVID 19 virus, the Chambers will be closed and all committee members and staff will be participating in the meeting remotely. The live feed of the video conference will be streaming on the King County Council's website and on KCTV Channel 22. Ways to provide public comment are noted below.
Pursuant to K.C.C. 1.24.035 A. and F., this meeting is also noticed as a meeting of the Metropolitan King County Council, whose agenda is limited to the committee business. In this meeting only the rules and procedures applicable to committees apply and not those applicable to full council meetings.
HOW TO PROVIDE PUBLIC COMMENT: The Community, Health and Housing Services Committee values community input and looks forward to hearing from you on agenda items.
There are two ways to provide public comment:
1) In writing: You may comment in writing on agenda items by submitting your written comments to [email protected]. If your comments are submitted before 8:00 a.m. on the day of the meeting, your comments will be distributed to the committee members and appropriate staff prior to the meeting.
King County Page 1 Printed on 5/27/2021 CHHS Meeting Materials Page 1 June 9, 2021 Community, Health and Housing Meeting Agenda June 9, 2021 Services Committee
2) Orally during the meeting by phone or computer: You may provide oral comment on agenda items during the meeting’s public comment period by connecting to the meeting via phone or computer using the ZOOM application at https://zoom.us/, and entering the meeting identification and password below.
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If you do not have access to the ZOOM application, you can connect to the meeting by calling 1-253-215-8782 and using the meeting ID and password above. Connecting in this manner, however, may impact your ability to be unmuted to speak.
HOW TO WATCH/LISTEN TO THE MEETING: There are several ways to watch or listen in to the meeting: 1) Stream online via this link: https://livestream.com/accounts/15175343/events/4485487, or input the link web address into your web browser. 2) Watch King County TV Channel 22 (Comcast Channel 22 and 322(HD), Wave Broadband Channel 22) 3) Listen to the meeting by telephone – See “Connecting to the Meeting” above.
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To show a PDF of the written materials for an agenda item, click on the agenda item below. 1. Call to Order
2. Roll Call
3. Approval of Minutes
Minutes of the May 12, 2021 meeting pp. 5-6
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Briefing
4. Briefing No. 2021-B0083 no materials
Ginny Burton: Recovery Perspective and Work at the University of Washington Virginia “Ginny” Burton, 2020 Truman Scholar, University of Washington
5. Briefing No. 2021-B0084 pg. 8
ITA Court and Ricky’s Law Implementation Kelli Nomura, Director, Behavioral Health and Recovery Division (BHRD), Department of Community and Human Services (DCHS) Frank Couch, Involuntary Commitment Coordinator, BHRD, DCHS Anne Mizuta, Senior Deputy Prosecuting Attorney, King County Prosecuting Attorney’s Office (PAO) Alison Bogar, Senior Deputy Prosecuting Attorney, PAO La Rond Baker, Special Counsel, Affirmative Litigation and Policy, King County Department of Public Defense Jim Rogers, Presiding Judge, King County Superior Court Catherine Moore, Judge, ITA Court, King County Superior Court Susan Amini, Judge, King County Superior Court
6. Briefing No. 2021-B0085 no materials
Blake Decision Impacts Jim Rogers, Presiding Judge, King County Superior Court Dean Lum, Judge, King County Superior Court Kelli Nomura, Director, BHRD, DCHS
7. Public Comment
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Discussion Only
8. Proposed Ordinance No. 2021-0131 pp. 10-35
AN ORDINANCE relating to tenant protections; amending Ordinance 383, Section 5, as amended, and K.C.C. 2.60.050, adding a new chapter to K.C.C. Title 12 and repealing Ordinance 16223, Section 3, and K.C.C. 12.47.010, Ordinance 16223, Section 4, and K.C.C. 12.47.020, Ordinance 16223, Section 5, and K.C.C. 12.47.030 and Ordinance 16223, Section 6, and K.C.C. 12.47.040.
Sponsors: Ms. Kohl-Welles, Mr. Zahilay and Mr. Upthegrove
April Sanders and Erin Auzins, Council staff
Other Business
Adjournment
King County Page 4 Printed on 5/27/2021
CHHS Meeting Materials Page 4 June 9, 2021 1200 King County King County Courthouse 516 Third Avenue Seattle, WA 98104 Meeting Minutes Community, Health and Housing Services Committee Councilmembers: Kathy Lambert, Chair; Jeanne Kohl-Welles, Vice Chair; Reagan Dunn, Joe McDermott, Dave Upthegrove, Girmay Zahilay
Lead Staff: Sam Porter (206-263-9206) Committee Clerk: Sharon Daly (206-477-0870)
9:30 AM Wednesday, May 12, 2021 Virtual Meeting
DRAFT MINUTES
1. Call to Order Chair Lambert called the meeting to order at 9:32 a.m.
2. Roll Call Present: 6 - Mr. Dunn, Ms. Kohl-Welles, Ms. Lambert, Mr. McDermott, Mr. Upthegrove and Mr. Zahilay
3. Approval of Minutes Councilmember Kohl-Welles moved approval of the minutes of April 26, 2021. Seeing no objections, the minutes were approved.
Discussion and Possible Action
4. Proposed Motion No. 2021-0181
A MOTION relating to secure medicine return in King County and a one-week council communications campaign to increase awareness about the availability of the secure medicine return mail back program.
Sam Porter, Council Staff, briefed the committee and answered questions from the members.
A motion was made by Councilmember Dunn that this Motion be Passed Out of Committee Without a Recommendation. The motion carried by the following vote:
Yes: 6 - Mr. Dunn, Ms. Kohl-Welles, Ms. Lambert, Mr. McDermott, Mr. Upthegrove and Mr. Zahilay
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Community, Health and Housing Meeting Minutes May 12, 2021 Services Committee
Briefing
5. Briefing No. 2021-B0068
Geriatric Medicine
Wayne McCormick, MD, MPH, Chair of Gerontology and Geriatric Medicine, UW Medicine, briefed the committee and answered questions from the members.
This matter was Presented
6. Briefing No. 2021-B0069
Impacts of the Blake Decision
Eric Johnson, Executive Director, Washington State Association of Counties, Anita Khandelwal, Director, King County Department of Public Defense, Dan Satterberg, King County Prosecuting Attorney, and Dan Clark, Chief Criminal Deputy, King County Prosecuting Attorney’s Office, briefed the committee via PowerPoint presentations and answered questions from the members.
This matter was Presented
7. Public Comment There was no one present to provide comments.
Other Business There was no other business to come before the committee.
Adjournment The meeting was adjourned at 11:25 a.m.
Approved this ______day of ______
Clerk's Signature
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Community, Health and Housing Services Committee
June 9, 2021
Agenda Item No. 4 Briefing No. 2021-B0083
Ginny Burton: Recovery Perspective and Work at the University of Washington
There are no materials for this item.
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Community, Health and Housing Services Committee
June 9, 2021
Agenda Item No. 6 Briefing No. 2021-B0085
Blake Decision Impacts
There are no materials for this item.
CHHS Meeting Materials Page 9 June 9, 2021
Metropolitan King County Council Community, Health and Housing Services Committee
STAFF REPORT
Agenda Item: 8 Name: April Sanders Proposed No.: 2021-0131 Date: June 9, 2021
SUBJECT
Proposed Ordinance 2021-0131 would establish just cause provisions and additional protections for tenants under both month-to-month tenancies and fixed-term leases in unincorporated King County.
SUMMARY
The Washington Residential Landlord-Tenant Act governs aspects of most residential landlord/tenant relationships and includes protections for both tenants and landlords. Proposed Ordinance 2021-0131 would expand protections for unincorporated area residential tenants through the establishment of just cause provisions and additional tenant protections.
The proposed just cause provisions would require that owners have a “just” reason for pursuing an eviction, terminating a tenancy, or failing to renew a fixed-term lease. These just causes include a tenant's failure to comply with a pay or vacate notice, a landlord's decision to sell the property, and certain criminal activity.
Additionally, the Proposed Ordinance would enact additional tenant protections, including capping move in fees and security deposits at one month's rent, capping late fees to 1% of monthly rent, requiring additional notice for rent increases greater than 3%, among others described in the analysis section of this staff report.
The Proposed Ordinance would also repeal King County Code (KCC) 12.47, which currently requires a landlord to prevent and report suspicion of criminal conduct, and amend KCC 2.60 to allow for public defense access for tenants.
If approved, the Proposed Ordinance would be effective 90 days after enactment.
CHHS Meeting Materials Page 10 June 9, 2021 BACKGROUND
Washington Residential Landlord-Tenant Act.1 The Washington Residential Landlord-Tenant Act (RLTA) governs aspects of most landlord/tenant relationships for residential tenancies, including a landlord's recourse for a tenant who breaches material terms of a rental agreement or fails to pay rent, restrictions on when a landlord may access the housing unit, fair housing rights, and protections against retaliation. The RLTA does not govern tenancies in mobile or manufactured homes, or certain migrant worker housing, among other tenancies.
Additionally, in 2019 the Washington State legislature passed two bills relevant to just cause evictions. House Bill 1440 required landlords to provide tenants at least 60 days' written notice of an increase in the rent, instead of the previous 30-days. There is an exception for rental agreements concerning subsidized tenancies where the rental amount is based on the income of the tenant.2
Senate Bill 5600 extended the requirement for pay-or-evict notices in Washington State to 14 days (originally 3 days). The bill also made uniform eviction notices available to landlords written in plain language. An additional reform to the eviction process in the bill included the use of judicial discretion in nonpayment of rent cases, by requiring consideration of factors beyond the tenants’ control.3
Just Cause Evictions. Just cause or good cause eviction legislation requires that owners have a “just” reason for pursuing an eviction. These just causes vary across jurisdictions, but common reasons include nonpayment of rent, breach of the terms of the rental agreement, and certain criminal activity.
There are a number of Just Cause Evictions Ordinances in other jurisdictions across the country including: Philadelphia, Pennsylvania (Fair Housing Ordinance, §9-800 Philadelphia Code4); San Francisco, California (Rent Ordinance, Section 37.95); Oakland, California (Oakland Municipal Code 8.22.3606); Los Angeles, California (Rent Stabilization Ordinance, Los Angeles Municipal Code 151.097); Washington, DC (Code of the District of Columbia §42-3505.018); and Seattle which will be discussed in more detail later in this staff report.
Renter protections in King County. King County Code’s Open Housing chapter9 regulates the practices of those who rent or sell homes or apartments in unincorporated King County.
1 https://app.leg.wa.gov/rcw/default.aspx?cite=59.18 2 https://app.leg.wa.gov/billsummary?BillNumber=1440&Year=2019 3 https://app.leg.wa.gov/billsummary?BillNumber=5600&Year=2019&Initiative=false 4 https://www.phila.gov/FairHousingCommission/pdf/Fair%20Housing%20Ordinance%209-800%209- 1200%20(4-20-2019).pdf 5 https://sfrb.org/section-379-evictions 6 https://www.oaklandca.gov/resources/read-the-just-cause-for-eviction-ordinance 7 https://hcidla.lacity.org/RSO-OverviewB 8 https://code.dccouncil.us/dc/council/code/sections/42-3505.01.html 9 K.C.C. 12.20
CHHS Meeting Materials Page 11 June 9, 2021 In 1981, the King County Council adopted the Fair Housing Ordinance,10 which prohibited discrimination in the rental, sale or financing of housing in unincorporated King County on the basis of race, color, religion, national origin, age, sex, marital status, parental status, sexual orientation, disability, or the use of a trained service dog.
In 1992, the Council updated the Fair Housing Ordinance by adding participation in the Section 811 program to the list of conditions against which housing discrimination was prohibited.12
These ordinances were codified to become the KCC’s Open Housing Chapter (K.C.C. 12.20),13 which continues to regulate the practices of those who rent or sell homes or apartments in unincorporated King County. Investigation of complaints is handled by the King County Office of Civil Rights.
Ordinance 18708 was enacted by the King County Council in 2018, to prohibit discrimination based on the source of income used by a tenant or homebuyer for housing in unincorporated King County, including:
1. A cash benefit, such as Social Security; a retirement program; unemployment; child support; the State Aged, Blind or Disabled Cash Assistance Program; state refugee Cash Assistance; or other federal, state, local, private or nonprofit programs; or
2. A housing subsidy, in addition to Section 8, such as Veterans Affairs Supportive Housing (VASH) vouchers, state Housing and Essential Needs (HEN) funds, or rapid rehousing assistance.
Regional Affordable Housing Taskforce and the Affordable Housing Committee. The King County Council established the Regional Affordable Housing Taskforce (RAHTF) in 2017 through Motion 14873. The Taskforce was charged with developing a recommended countywide affordable housing strategy. In December 2018 the RAHTF released its Final Report and Recommendations14 and the King County Council declared through Motion 15372 that the recommendations therein represented the policy of the Council. The RAHTF Report included recommended strategies of adopting ordinances to expand tenant protections and provide implementation support.15
10 Ordinance 5280 11 Section 8 of the United States Housing Act of 1937, as amended, 42 U.S.C. 1437f, authorizes the United States Department of Housing and Urban Development (HUD) to enter into agreements with state and local public housing agencies by which the parties jointly provide housing assistance to low-income families. This is also commonly known as the housing choice voucher program. 12 Ordinance 10469 13 K.C.C. 12.20 14 https://www.kingcounty.gov/~/media/initiatives/affordablehousing/documents/report/RAH-Report-Print- File-7-17-19.ashx?la=en 15 Recommendation 4: “Preserve access to affordable homes for renters by supporting tenant protections to increase housing stability and reduce risk of homelessness.” There are four strategies in this recommendation: (a) propose and support legislation and statewide policies related to tenant protection to ease implementation and provide consistency for landlords, (b) strive to more widely adopt model, expand tenant protection ordinances countywide and provide implementation support, (c) expand supports for low-income renters and people with disabilities and (d) adopt programs and policies to
CHHS Meeting Materials Page 12 June 9, 2021
Demographic Data. According to King County Demographer Rebeccah Maskin, approximately 22% (or 25,000) of unincorporated area households are renter households. The percentage varies across the unincorporated area. For example, Skyway/West Hill has a higher percentage of renter households at approximately 42%.16
Seattle Just Cause Legislation. The City of Seattle has a Just Cause Eviction Ordinance that requires landlords to have one of the defined just causes in order to terminate a month-to-month tenancy. It specifies the only reasons for which a tenant in Seattle may be required to move and requires owners to state the reason, in writing, for ending a tenancy when giving a termination notice. A property owner cannot evict a tenant if the property is not registered with the City of Seattle. The Just Causes identified in City of Seattle code are as follows17: • Late rent: tenant receives a 14-day notice to pay or vacate and fails to comply. • "Habitual failure": tenant receives 4 or more 14-day pay or vacate notices in the most recent 12-month period for late rent. • Violation of the rental agreement: tenant receives a 10-day notice to comply with the rules of the rental agreement or vacate and fails to comply. • "Habitual failure": tenant receives 3 or more 10-day notices to comply or vacate in the most recent 12-month period for failure to comply with the rules of your rental agreement. • The landlord or a member of their immediate family needs to move into the unit. This requires a 90-day notice. • The landlord wants to sell the unit. This requires a 90-day notice and only applies to single-family dwelling units. • The occupancy of a unit depends on being employed on the property and tenant employment is terminated. This would typically apply to property managers who live on site. • The landlord rents a portion of the home or an accessory dwelling unit to their own home and no longer wishes to share with the tenant. • The landlord wants to substantially remodel the unit or the building. • The landlord wants to demolish the property or change the use to non-residential. • The landlord wants to convert the unit to a condo or a co-op. • The landlord receives a notice of violation for housing standards in a permitted accessory dwelling unit and wants to discontinue renting it. • The landlord receives a notice of violation for an unauthorized housing unit, commonly called an "illegal unit," and has to discontinue renting. • The landlord has to reduce the number of renters in a dwelling unit to comply with the legal limit.
improve the quality of housing in conjunction with necessary tenant protections. See https://www.kingcounty.gov/~/media/initiatives/affordablehousing/documents/report/RAH-Report-Print- File-7-17-19.ashx?la=en 16 Note: the County Demographer aggregated census tracts to re-create the unincorporated area. The source is Census Bureau ACS 5-year data for 2019. 17 Some of the just causes also require the landlord to provide relocation assistance to the tenant.
CHHS Meeting Materials Page 13 June 9, 2021 • The landlord is issued an emergency order by the City to vacate and close the housing unit due to hazardous conditions. • The landlord issues a notice for engaging in criminal activity on the property. The landlord must specify the crime and facts supporting the allegation in the notice of termination and provide a copy to the City.
Federal Way Good Cause Ordinance.18 A Federal Way Good Cause Ordinance was approved by voters through Initiative Measure 19-001 in November of 2019. The Ordinance established good cause provisions (similar to the just causes noted above) for both month-to-month tenancies and fixed-term lease renewal, creating a defense to eviction if a landlord fails to satisfy one of the good causes in such an action. Additionally, it included other tenant protections, such as prohibiting retaliatory actions against tenants and prohibiting tenant discrimination based on military, first responder, senior, family member, health care provider, or educator status.
ESHB 1236.19 House Bill 1236 was introduced by Representative Nicole Macri early in the 2021 Legislative Session. Engrossed Senate House Bill 1236 specifies good causes for eviction, refusal to renew a tenancies and termination of a tenancy and amends penalties for including unlawful provisions in a rental agreement. Below is a summary table of the cause requirements for terminating a tenancy.
Table 1. ESHB 1236 Cause Requirements
Lease Agreement Cause Required Landlord Notice Requirement Fixed term lease that No cause needed for a landlord to 60 days includes a clause end tenancy at the end of the lease converting lease to a term month-to-month at the end of the initial lease term Fixed term lease without a May terminate without cause if: 60 days clause converting lease to a 1) Initial lease term is for 12 month-to-month at the end months or more and the of the initial lease term parties have entered into successive rental agreements of six months or more; 2) The tenancy has never been for a monthly basis since inception of the tenancy All other tenancies, May not terminate tenancy without 60 days including those on a one of the enumerated causes, or monthly or periodic basis other just causes constituting a
18 Federal Way Revised Code Chapter 20.05, https://www.codepublishing.com/WA/FederalWay/#!/html/FederalWay20/FederalWay2005.html 19 https://app.leg.wa.gov/billsummary?BillNumber=1236&Initiative=false&Year=2021
CHHS Meeting Materials Page 14 June 9, 2021 legitimate economic or business reason
Enforcement Remedies. A landlord who removes a tenant in violation of the statute is liable for the tenant's damages or 3 times the monthly rent, whichever is greater, plus attorney's fees and costs. Including prohibited provisions in the rental agreement leaves the landlord liable to 2 times the monthly rent.
ESHB 1236 was signed into law by Governor Inslee and became effective on May 10, 2021. Analysis is ongoing to the potential impacts to Proposed Ordinance 2021-0131.
ANALYSIS
Just Cause Provisions. Proposed Ordinance 2021-0131 establishes just causes that a landlord must satisfy in order to terminate a month-to-month tenancy, fail to renew a fixed-term lease or begin eviction proceedings. These just causes are summarized below.
• A tenant fails to comply with a pay rent or vacate notice, a comply or vacate notice, or a notice to vacate for waste or nuisance. • A tenant fails to comply with a ten-day notice to comply or vacate that requires compliance with a material term of the rental agreement or that requires compliance with a material obligation under chapter 59.18 RCW. • An owner seeks possession so that the owner or their immediate family may occupy the unit. • An owner elects to sell the unit. • A tenant's occupancy is conditioned upon employment on the property and the employment relationship is terminated. • An owner seeks to do substantial rehabilitation in the building. • An owner elects to demolish the building, convert it to a cooperative, or convert it to a condominium. • An owner seeks to discontinue use of a dwelling unit after receipt of a notice of violation from the department of local services. • An owner seeks to reduce the number of occupants who reside in one dwelling unit to comply with the legal limit after receipt of a notice of violation. • An owner seeks to discontinue residential use of an accessory dwelling unit. • Emergency measures requiring that a dwelling unit be vacated and closed has been issued. • An owner intends to discontinue leasing to a tenant of the owner's own dwelling unit in which the owner resides. • A tenant, or with the consent of the tenant, the tenant's subtenant or guest, has engaged in criminal activity on the premises, or on the property or public right-of- way abutting the premises.
CHHS Meeting Materials Page 15 June 9, 2021 Additional Tenant Protections.
Fees. The Proposed Ordinance would cap move in fees and security deposits at one month's rent, with the option to pay move in fees and security deposits incrementally. It would also cap late fees or costs that can be charged to a tenant due to nonpayment of rent at 1% monthly rent.
Access to Public Defense. The Proposed Ordinance amends KCC 2.60.050 to allow for the Department of Public Defense to represent tenants whose leases have been terminated or are subject to unlawful detainer actions in violation of any King County ordinance, when funds are available. Currently, there is not funding in the 2021-2022 Biennial Budget dedicated to funding public defense access for tenants.
Repeal of KCC 12.47.20 The Proposed Ordinance would repeal KCC 12.47, which requires landlords to prevent criminal activity and evict based on criminal violations of the tenant or tenant's guests. KCC 12.47 also requires landlords to report suspicion of criminal activity to the King County Sheriff's Office. If a landlord does not report suspicion of criminal conduct or prevent criminal activity, they could be charged with civil infractions.
With the repeal of KCC 12.47, a landlord would no longer be required to report or prevent criminal activity, but would still be able to evict a tenant under the just cause listed in section 5.A.13.
Miscellaneous. In addition to the provisions listed above, the following tenant protections are included in the Proposed Ordinance:
• Requires a landlord to give 3 to 4 months' notice for rent increases greater than 3%; • Prohibits landlords from engaging in unfair or abusive acts or practices and deceptive acts or practices; • States that acceptance of rent by a landlord waives any right to declare forfeiture or seek eviction solely for any prior breaches of the rental agreement; • Prohibits a landlord from increasing the rent if the dwelling unit has defective conditions making the unit unlivable or in violation of RCW 59.18.060; • Requires rental agreements to include a provision allowing tenants to adjust the due date of rent payments if the tenant has a fixed income source that the tenant receives on a date of the month incongruent with paying rent on the date otherwise specified in the rental agreement (I.E. if an individual receives social security on the 2nd of the month, they may elect to pay rent on the 3rd). Also prohibits a landlord from refusing to enter into a rental agreement with a prospective tenant if the tenant requests such accommodations; • Requires landlords to include language on a pay rent or vacate to include that the landlord may allow you to pay rent after the 14 days in lieu of initiating eviction proceedings; and
20 https://kingcounty.gov/council/legislation/kc_code/15_Title_12.aspx
CHHS Meeting Materials Page 16 June 9, 2021 • Prohibits landlords from requesting a social security number for the purposes of screening a prospective tenant.
Penalties. A landlord found in violation of any of the provisions in the Proposed Ordinance would be liable to a tenant in a private right of action for double damages or 4 ½ times the monthly rent, whichever is greater, and court costs and attorneys' fees. The exception is the use of a tenant's social security number for tenant screening. If a landlord is found in violation of this provision, they would be held liable up to double damages or one month's rent, whichever is greater, and court costs and attorneys' fees.
Enforcement Mechanism. Superior Court would act as the enforcement mechanism for the provisions included in the Proposed Ordinance. If a tenant believes a landlord has wrongfully initiated eviction proceedings, or wrongfully refuses to renew a fixed-term lease, the tenant may bring the landlord to court.
Executive's Reports and Requirements.
Central Phone Number. The Executive would be required to develop a central phone number within the Department of Community and Human Services (DCHS) for tenants who believe their tenancy was terminated, or their fixed-term lease was not renewed, wrongfully.
Tenant Protections Access Plan. The Executive would be required to transmit a Tenant Protections Access Plan, with accompanying legislation to codify recommendations, by August 2021 with the goal of expanding knowledge of tenant protections in King County Code. The Plan would include:
• Recommendations on providing information about tenant protections in King County and access to those protections to residents with limited English proficiency; • Recommendations on providing tenant protections to undocumented residents who may have a fear of accessing tenant protections through the court system; • A "know your rights" campaign with the objective of spreading awareness of the new provisions in the Proposed Ordinance, utilizing partnerships with community organizations and the King County immigrant and refugee commission; and • Recommendations on ways to provide free legal representation, advice and other legal assistance to tenants facing eviction, harassment, disrepair and other housing-related issues, including an analysis of the right-to-counsel law available through the New York City office of civil justice's legal representation program.
Landlord Outreach Plan. Also by August of 2021, the Executive would be required to transmit a Landlord Outreach Plan with the goal of expanding knowledge of tenant protections in the King County Code to landlords.
Effective Date. The Proposed Ordinance would take effect 90 days after enactment.
Executive Feedback. DCHS and the Executive's office have reviewed the Proposed Ordinance and provided some initial feedback. Executive Staff indicate that the phone
CHHS Meeting Materials Page 17 June 9, 2021 line required in Section 19.A. of the proposed ordinance would put Executive branch staff in a position to give legal advice to residents, and they don’t believe they are well positioned to do that. Executive staff further state that DCHS would be unable to complete the Tenant Protections Access Plan required in Section 19.B. by the August 2021 deadline.
Additionally, policy staff requested information from the Sheriff's Office about their current use of KCC 12.47. Sheriff's Office staff indicate that they rely on KCC 12.47 often as a tool to gain compliance when particular properties have become venues for criminal behavior. They further state that although they often may not follow through with a citation, the possibility is often enough to gain compliance. If the Sheriff's Office does not have these code provisions, they state that there is no leverage or authority to solve persistent issues.
INVITED
• Kelly Rider, Government Affairs, Department of Community and Human Services
ATTACHMENTS
1. Proposed Ordinance 2021-0131
CHHS Meeting Materials Page 18 June 9, 2021 ATTACHMENT 1 KING COUNTY
Signature Report 1200 King County Courthouse 516 Third Avenue Seattle, WA 98104
Ordinance
Proposed No. 2021-0131.1 Sponsors Kohl-Welles, Zahilay and Upthegrove
1 AN ORDINANCE relating to tenant protections; amending
2 Ordinance 383, Section 5, as amended, and K.C.C.
3 2.60.050, adding a new chapter to K.C.C. Title 12 and
4 repealing Ordinance 16223, Section 3, and K.C.C.
5 12.47.010, Ordinance 16223, Section 4, and K.C.C.
6 12.47.020, Ordinance 16223, Section 5, and K.C.C.
7 12.47.030 and Ordinance 16223, Section 6, and K.C.C.
8 12.47.040.
9 BE IT ORDAINED BY THE COUNCIL OF KING COUNTY:
10 SECTION 1. Findings:
11 A. The King County council finds that establishing this ordinance, a just cause
12 and tenant protections ordinance, is necessary to protect the public health, safety and
13 welfare.
14 B. Under a provision of the Washington state Residential Landlord-Tenant Act of
15 1973, RCW 59.18.290, owners may not evict residential tenants without a court order,
16 which under RCW 59.18.380 can be issued by a court only after the tenant has an
17 opportunity to contest the eviction.
18 C. King County established the regional affordable housing task force in 2017
19 through Motion 14873. The task force's charge was to develop a recommended
1
CHHS Meeting Materials Page 19 June 9, 2021 Ordinance
20 countywide affordable housing strategy.
21 D. The regional affordable housing task force released its Final Report and
22 Recommendations in December 2018, and the King County council declared through
23 Motion 15372 that recommendations contained therein represent the policy of the
24 council.
25 E. The regional affordable housing task force's report included Census data that
26 showed that more than one hundred twenty-four thousand low-income households in
27 King County are severely cost burdened. Of those, eighty-eight percent, or one hundred
28 nine thousand seven hundred households, earn fifty percent or less of area median
29 income, meaning the county's poorest residents struggle most with housing costs. The
30 report found that communities of color and renters are disproportionately likely to be
31 severely cost burdened, paying more than half of their income toward housing costs. The
32 report also included a recommended strategy of adopting ordinances to expand tenant
33 protection and provide implementation support.
34 NEW SECTION. SECTION 2. Sections 3 through 16 of this ordinance should
35 constitute a new chapter of K.C.C. Title 12.
36 NEW SECTION. SECTION 3. There is hereby added to the new K.C.C. chapter
37 established in section 2 of this ordinance a new section to read as follows:
38 The definitions in this section apply throughout this chapter unless the context
39 clearly requires otherwise. The definitions in RCW 59.18.030 also apply to this chapter
40 unless otherwise defined in this section.
41 A. "Dwelling" or "dwelling unit" mean any building, structure or portion of a
42 building or structure that is occupied as, or designed or intended for occupancy as, a
2
CHHS Meeting Materials Page 20 June 9, 2021 Ordinance
43 residence by one or more families or individuals, and any vacant land that is offered for
44 sale or lease for the construction or location thereon of any such a building, structure or
45 portion of a building or structure.
46 B. "Landlord" means the owner, lessor or sublessor of the dwelling unit or the
47 property of which it is a part, and also means any person designated as representative of
48 the owner, lessor or sublessor, including, but not limited to, an agent, a resident manager
49 or a designated property manager.
50 C. "Occupancy" means the formal designation of the primary purpose of the
51 building structure or portion thereof.
52 D. "Owner" means one or more persons, jointly or severally, in whom is vested:
53 1. All or any part of the legal title to property; or
54 2. All or part of the beneficial ownership, and a right to present use and
55 enjoyment of the property.
56 E. "Tenant" has the same meaning as "tenant" in RCW 59.18.030 or 59.20.030,
57 depending on the context.
58 NEW SECTION. SECTION 4. There is hereby added to the chapter established
59 in section 2 of this ordinance a new section to read as follows:
60 A. Except as otherwise specifically required or allowed by K.C.C. Title 12 or by
61 the Washington state Residential Landlord-Tenant Act of 1973, chapter 59.18 RCW, it is
62 unlawful for any owner to:
63 1. Remove or exclude a tenant from the premises except in accordance with a
64 legal process; or
65 2. Evict, reduce services, increase the obligations of a tenant or otherwise
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66 impose, threaten or attempt any punitive measure against a tenant for the reason that the
67 tenant has in good faith asserted, exercised or attempted to exercise any legal rights
68 granted tenants by law and arising out of the tenant's occupancy of the dwelling unit.
69 NEW SECTION. SECTION 5. There is hereby added to the chapter established
70 in section 2 of this ordinance a new section to read as follows:
71 A. A landlord shall not evict a tenant, refuse to continue a tenancy or terminate
72 the tenancy except for the just causes enumerated under this section:
73 1. The tenant fails to comply with:
74 a. a fourteen-day notice to pay rent or vacate in accordance with RCW
75 59.12.030(3);
76 b. a ten-day notice to comply or vacate in accordance with RCW 59.12.030(4);
77 or
78 c. a three-day notice to vacate for waste, nuisance, including a drug-related
79 activity nuisance in accordance with chapter 7.43 RCW, or maintenance of an unlawful
80 business or conduct in accordance with RCW 59.12.030(5);
81 2. The tenant fails to comply with a ten-day notice to comply or vacate that
82 requires compliance with a material term of the rental agreement or that requires
83 compliance with a material obligation under chapter 59.18 RCW;
84 3. The owner seeks possession so that the owner or a member of the owner's
85 immediate family may occupy the unit as that person's principal residence and no
86 substantially equivalent unit is vacant and available in the same building, and the owner
87 has given the tenant at least ninety days' advance written notice of the date the tenant's
88 possession is to end. For the purposes of this subsection A.3., "immediate family"
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89 includes the owner's domestic partner registered under to chapter 26.60 RCW or the
90 owner's spouse, parents, grandparents, children, brothers and sisters of the owner, of the
91 owner's spouse or of the owner's domestic partner. There is a rebuttable presumption of a
92 violation of this subsection A.3. if the owner or a member of the owner's immediate
93 family fails to occupy the unit as that person's principal residence for at least sixty
94 consecutive days during the ninety days immediately after the tenant vacated the unit in
95 accordance with a notice of termination or eviction using this subparagraph as the cause
96 for eviction;
97 4. The owner elects to sell a single-family dwelling unit and gives the tenant at
98 least ninety days' written notice before the date set for vacating, which date shall coincide
99 with the end of the term of a rental agreement, or if the agreement is month-to-month,
100 with the last day of a monthly period. For the purposes of this subsection A.4., an owner
101 "elects to sell" when the owner, at a minimum, lists the dwelling for sale at fair market
102 value, such as with a realty agency or advertising in a newspaper of general circulation.
103 There shall be a rebuttable presumption that the owner did not intend to sell the unit if:
104 a. within sixty days after the tenant has vacated, the owner does not list the
105 single-family dwelling for sale at fair market value, or
106 b. within one-hundred and twenty days after the date the tenant vacated or the
107 date the property was listed for sale, whichever is later, the owner withdraws the rental
108 unit from the sales market, rents the unit to someone other than the former tenant or
109 otherwise indicates that the owner does not intend to sell the unit;
110 5. The tenant's occupancy is conditioned upon employment on the property and
111 the employment relationship is terminated;
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112 6. The owner seeks to do substantial rehabilitation in the building, but only if
113 the owner submitted a complete application for at least one permit required under K.C.C.
114 Title 16 for the rehabilitation. Substantial rehabilitation means extensive structural repair
115 or extensive remodeling of premises that requires a permit such as a building, electrical,
116 plumbing, or mechanical permit, and that results in the displacement of an existing
117 tenant;
118 7. The owner:
119 a. elects to demolish the building, convert it to a cooperative or convert it to a
120 nonresidential use, though the owner must obtain a permit necessary to demolish before
121 terminating any tenancy; or
122 b. converts the building to a condominium, as evidenced by an inspection
123 report in accordance with K.C.C. 16.04.890 and a warranty of repairs and escrow account
124 in accordance with 16.04.900;
125 8. The owner seeks to discontinue use of a dwelling unit after receipt of a notice
126 of violation from the department of local services. The landlord shall be required to
127 demonstrate medical or financial hardship to the tenant to show that the landlord could
128 not correct the emergency measures identified in the order. However, the tenant may
129 elect to repair and stay in the dwelling unit as set forth in RCW 59.18.100;
130 9.a. The owner seeks to reduce the number of occupants who reside in one
131 dwelling unit to comply with the legal limit after receipt of a notice of violation of the
132 K.C.C. Title 16 or 21A restriction on the number of individuals allowed to reside in a
133 dwelling unit, and:
134 (1) the owner has served the tenants with a thirty-day notice, informing the
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135 tenants that the number of occupants exceeds the legal limit and must be reduced to the
136 legal limit; however, a thirty-day notice is not required if the number of occupants was
137 increased above the legal limit without the knowledge or consent of the owner;
138 (2) after expiration of the thirty-day notice required by subsection A.9.a.(1) of
139 this section, or any time after receipt of the notice of violation if a thirty-day notice is not
140 required in accordance with subsection A.19.a.(1) of this section, the owner has served
141 the tenants and the tenants have failed to comply with a ten-day notice to comply with the
142 maximum legal limit on the number of occupants or vacate; and
143 (3) if there is more than one rental agreement for the unit,, the owner may
144 choose which agreements to terminate; however, the owner may terminate no more than
145 the minimum number of rental agreements necessary to comply with the legal limit on
146 the number of occupants.
147 b. For any violation of the maximum legal limit on the number of individuals
148 allowed to reside in a dwelling unit that occurred with the knowledge or consent of the
149 owner, upon creation of a relocation assistance program, the owner is required to pay
150 relocation assistance to the tenant or tenants of each such a unit as the program dictates;
151 10. The owner seeks to discontinue residential use of an accessory dwelling
152 unit;
153 11. Emergency measures requiring that the dwelling unit be vacated and closed
154 has been issued under K.C.C. Title 16 or 23 and the emergency measures identified in the
155 order have not been corrected. The landlord shall be required to make a showing of
156 medical or financial hardship to the tenant to show that the landlord could not correct the
157 emergency measures identified in the order. However, the tenant may elect to repair and
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158 stay in the dwelling unit as set forth in RCW 59.18.100;
159 12.a. The owner intends to discontinue leasing to a tenant of the owner's own
160 dwelling unit in which the owner resides;
161 b. The owner intends to evict a tenant, to refuse to continue a tenancy, or to
162 terminate the tenancy of an accessory dwelling unit accessory to the dwelling unit in
163 which the owner resides; or
164 c. The owner seeks to evict a tenant, refuse to continue a tenancy, or terminate
165 the tenancy in a single-family dwelling unit and the owner resides in an accessory
166 dwelling unit on the same lot; or
167 13.a. A tenant, or with the consent of the tenant, the tenant's subtenant,
168 sublessee, resident or guest, has engaged in criminal activity on the premises, or on the
169 property or public right-of-way abutting the premises. For purposes of this subsection
170 A.13., a person has "engaged in criminal activity" if the person:
171 (1) engages in a drug-related activity that would constitute a violation of
172 chapters 69.41, 69.50 or 69.52 RCW;
173 (2) engages in activity that is a crime under the laws of this state, but only if
174 the activity substantially affects the health or safety of other tenants or the owner. An
175 activity substantially affects the health or safety of other tenants or the owner if:
176 (a) the activity is imminently hazardous to the physical safety of other
177 persons on the premises;
178 (b) the activity entails physical assaults upon another person that result in an
179 arrest; or
180 (c) the activity entails the unlawful use of a firearm or other deadly weapon,
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181 as defined in RCW 9A.04.110, that results in an arrest, including threatening another
182 tenant or the landlord with a firearm or other deadly weapon under RCW 59.18.352; or
183 (3) The activity renders people in at least two or more dwelling units or
184 residences insecure in life or the use of property or that injures or endangers the safety or
185 health of people in at least two or more dwelling units or residences.
186 b. In determining whether a tenant's activity substantially effects the health or
187 safety of other tenants or the owner, a court may consider the totality of the
188 circumstances, including factors such as whether there have been a significant number of
189 complaints to the landlord about the tenant's activities at the property, damage done by
190 the tenant to the property, including the property of other tenants or neighbors,
191 harassment or threats made by the tenant to other tenants or neighbors that have been
192 reported to law enforcement agencies, any police incident reports involving the tenant,
193 and the tenant's criminal history.
194 c. Nothing in this subsection A.13. shall authorize the termination of tenancy
195 and eviction of the victim of a physical assault or the victim of the use or threatened use
196 of a firearm or other deadly weapon.
197 B. Any rental agreement provision that waives or purports to waive any right,
198 benefit or entitlement created by this chapter shall be deemed void and of no lawful force
199 or effect.
200 C. With any termination notices required by law, owners refusing to continue a
201 tenancy, or seeking to terminate a tenancy protected by this chapter shall advise the
202 tenant or tenants in writing of the reasons for the termination and the facts in support of
203 those reasons.
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204 D. All evictions must comply with this chapter. Failure to comply with the
205 provisions of this chapter shall be an affirmative defense to eviction.
206 E. It shall be a violation of this chapter for any owner to evict or attempt to evict
207 any tenant, refuse to continue a tenancy, or terminate the tenancy of any tenant using a
208 notice that references subsection A.3., 4., 6., 9., 10. or 11. of this section as grounds for
209 eviction or termination of tenancy without fulfilling or carrying out the stated reason for
210 or condition justifying the termination of such a tenancy within sixty days after the tenant
211 has vacated.
212 F. Nothing in this chapter is intended to affect or limit a landlord's rights to
213 pursue an action for unlawful detainer as defined by RCW 59.12.030, except as
214 specifically set forth in this chapter.
215 NEW SECTION. SECTION 6. There is hereby added to the chapter established
216 in section 2 of this ordinance a new section to read as follows:
217 Sections 6 through 15 of this ordinance apply to tenancies governed by chapter
218 59.20 RCW and are in addition to the provisions provided to those tenancies in RCW
219 59.20.080.
220 NEW SECTION. SECTION 7. There is hereby added to the chapter established
221 in section 2 of this ordinance a new section to read as follows:
222 A. All move in fees and security deposits charged by a landlord before a tenant
223 takes possession of a dwelling unit shall not exceed one month's rent.
224 B. Tenants entering rental agreements with terms lasting six or more months may
225 elect to pay their move in fees and security deposits in six equal monthly installments
226 over the first six months occupying the unit.
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227 C. Tenants entering rental agreements with terms lasting fewer than six months
228 or month-to-month rental agreements, may choose to pay move in fees and security
229 deposits in two equal monthly installments over the first two months occupying the unit.
230 NEW SECTION. SECTION 8. There is hereby added to the chapter established
231 in section 2 of this ordinance a new section to read as follows:
232 A. Late fees or costs due to nonpayment of rent charged to a tenant shall not
233 exceed one percent of the tenant's monthly rent.
234 NEW SECTION. SECTION 9. There is hereby added to the chapter established
235 in section 2 of this ordinance a new section to read as follows:
236 Any rental agreement or renewal of a rental agreement shall include, or shall be
237 deemed to include, a provision requiring between one hundred eighty days' and one
238 hundred twenty days' notice for rent increases greater than three percent.
239 NEW SECTION. SECTION 10. There is hereby added to the chapter established
240 in section 2 of this ordinance a new section to read as follows:
241 A. Landlords are prohibited from unfair or abusive acts or practices or deceptive
242 acts or practices as defined in this section.
243 B. For the purposes of this section:
244 1. "Deceptive acts or practices" means representations, omissions, acts or
245 practices that mislead or are likely to mislead a tenant; the tenant's interpretation of the
246 representation, omission, act or practice is reasonable under the circumstances; and the
247 representation, omission, act or practice is material. "Deceptive acts or practices"
248 includes threatening to evict a tenant for nonpayment of charges except as authorized by
249 section 5 of this ordinance.
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250 2. "Unfair or abusive acts or practices" means those representations, omissions,
251 acts or practices that:
252 a. Materially interfere with the ability of any tenant to understand a term or
253 condition of the rental agreement or the tenancy; or
254 b. Take unreasonable advantage of a lack of understanding on the part of the
255 tenant regarding the conditions of the tenancy or rights under the law or the inability of
256 the tenant to protect the tenant's interests.
257 NEW SECTION. SECTION 11. There is hereby added to the chapter established
258 in section 2 of this ordinance a new section to read as follows:
259 Acceptance of rent by a landlord shall waive any right to declare forfeiture or seek
260 eviction solely for any prior breaches of the rental agreement.
261 NEW SECTION. SECTION 12. There is hereby added to the chapter established
262 in section 2 of this ordinance a new section to read as follows:
263 A landlord shall not increase the rent to be charged to a tenant by any amount if
264 the dwelling unit has defective conditions making the dwelling unit unlivable or is in
265 violation of RCW 59.18.060. If the tenant believes the dwelling unit has defective
266 conditions making the unit unlivable or is in violation of RCW 59.18.060, the tenant shall
267 notify the landlord in writing in accordance with RCW 59.18.070 specifying the premises
268 involved, the name of the owner, if known, and the nature of the defective condition
269 before the effective date listed in the notice of housing costs increase the tenant received
270 from the landlord.
271 NEW SECTION. SECTION 13. There is hereby added to the chapter established
272 in section 2 of this ordinance a new section to read as follows:
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273 Rental agreements shall include a provision allowing tenants to adjust the due
274 date of rent payments if the tenant has a fixed income source that the tenant receives on a
275 date of the month that is incongruent with paying rent on the date otherwise specified in
276 the rental agreement. A landlord shall not refuse to enter into a rental agreement with a
277 prospective tenant because the prospective tenant requests such accommodations.
278 NEW SECTION. SECTION 14. There is hereby added to the chapter established
279 in section 2 of this ordinance a new section to read as follows:
280 A landlord found in violation of any of the provisions in this chapter, unless
281 otherwise provided in this chapter, shall be liable to such a tenant in a private right of
282 action for damages up to double the tenant's actual damages or four and one-half times
283 the monthly rent, whichever is greater, costs of suit or arbitration and reasonable
284 attorneys' fees.
285 NEW SECTION. SECTION 15. There is hereby added to the chapter established
286 in section 2 of this ordinance a new section to read as follows:
287 A landlord serving a notice to the tenant to pay rent or vacate under RCW
288 59.12.030(3) must include on the notice substantially in the form of the following
289 statement in sixteen-point, bolded font: "You have fourteen days to pay the rent required
290 by this notice. After fourteen days, the landlord may allow you to pay the rent in lieu of
291 initiating eviction proceedings, but you may be subject to a late fee, if a late fee is
292 required in the rental agreement, totaling no more than one-percent of your monthly rent
293 for each month of rent owed and any court costs incurred at the time of payment."
294 NEW SECTION. SECTION 16. There is hereby added to the chapter established
295 in section 2 of this ordinance a new section to read as follows:
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296 A. A landlord shall not request a social security number for the purposes of
297 screening a prospective tenant through a background check, credit screening or other
298 report. A landlord may screen prospective tenants in accordance with RCW 59.18.257
299 without requesting or acquiring a social security number.
300 B. A landlord found in violation of subsection A. of this section shall be liable to
301 such a tenant in a private right of action for damages up to double the tenant's actual
302 damages or one month of rent, whichever is greater, costs of suit or arbitration and
303 reasonable attorneys' fees.
304 SECTION 17. Ordinance 383, Section 5, as amended, and K.C.C. 2.60.050 are
305 hereby amended to read as follows:
306 A. Legal defense services through the department shall be made available to all
307 eligible persons for whom counsel is constitutionally required. In addition, legal defense
308 services through department shall be made available when funds are available: to any
309 eligible person in legal proceedings arising in King County that may result in person's
310 loss of liberty by an act of King County or any of its agencies, including, but not limited
311 to, criminal proceedings alleging a violation of any law of the state of Washington or
312 ordinance of King County, juvenile matters, mental illness and similar commitment
313 proceedings, revocations and habeas corpus proceedings when they arise in King County;
314 ((and)) to eligible parents and children in dependency proceedings arising in King
315 County; and to tenants whose rental agreements have been terminated or tenants who are
316 subject to unlawful detainer actions by a landlord whom the tenant alleges terminated a
317 tenancy or initiated an unlawful detainer action in violation of any King County
318 ordinance.
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319 B. Legal defense services through the department may be made available to a
320 person charged in King County with a felony of public notoriety, at the person's expense,
321 when the court finds that the defendant is unable to employ adequate private counsel as a
322 result of the public notoriety. The county public defender shall establish a reasonable fee
323 for the legal defense services, subject to the approval of the court.
324 SECTION 18. The following are hereby repealed:
325 A. Ordinance 16223, Section 3, and K.C.C. 12.47.010;
326 B. Ordinance 16223, Section 4, and K.C.C. 12.47.020;
327 C. Ordinance 16223, Section 5, and K.C.C. 12.47.030; and
328 D. Ordinance 16223, Section 6, and K.C.C. 12.47.040.
329 SECTION 19.
330 A. The executive shall develop a phone number advertised on the website of the
331 department of human and community services for tenants who believe their rental
332 agreement has been unlawfully terminated or who believe a landlord failed to renew a
333 rental agreement unlawfully. The phone number should be staffed by the department of
334 human services or a designee to provide information on protections afforded to tenants in
335 state law and King County Code.
336 B.1. The executive shall transmit a tenant protections access plan with
337 accompanying legislation to the council by August 30, 2021, with the goal of expanding
338 knowledge of and access to tenant protections in King County Code. The plan shall
339 include at least the following components:
340 a. recommendations on providing information about tenant protections in King
341 County and access to those protections to residents with limited English proficiency;
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342 b. recommendations on providing tenant protections to undocumented
343 residents who may have a fear of accessing tenant protections through the court system;
344 c. a "know your rights" campaign with the objective of spreading awareness of
345 the new provisions in this ordinance. The plan shall utilize partnerships with community
346 organizations and the King County immigrant and refugee commission; and
347 d. recommendations on ways to provide free legal representation, advice and
348 other legal assistance to tenants facing eviction, harassment, disrepair and other housing-
349 related issues, including an analysis of the right-to-counsel law available through the
350 New York City office of civil justice's legal representation program.
351 2. The executive shall transmit a landlord outreach plan by August 30, 2021,
352 with the goal of expanding knowledge of tenant protections in the King County Code to
353 landlords.
354 3. The tenant protections access plan and the landlord outreach plan shall be
355 electronically transmitted to the clerk of the council with motions that should
356 acknowledge receipt of the plans and a proposed ordinance making recommended code
357 changes from the tenant protections access plan. The clerk of the council shall provide an
358 electronic copy to all councilmembers, the council chief of staff and the lead staff for the
359 community, health and housing services committee, or its successor.
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360 SECTION 20. This ordinance takes effect ninety days after the enactment of this
361 ordinance.
362
KING COUNTY COUNCIL KING COUNTY, WASHINGTON
______
Claudia Balducci, Chair ATTEST:
______
Melani Pedroza, Clerk of the Council
APPROVED this _____ day of ______, ______.
______
Dow Constantine, County Executive
Attachments: None
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