The city of Burien finds that the establishment of a rental housing safety inspection program (“RHIP”) will protect the public health, safety, and welfare of tenants by encouraging the proper maintenance of rental housing by identifying and requiring correction of substandard housing conditions. By establishing this program, the city intends to prevent conditions of deterioration and blight that would adversely impact the quality of life in Burien. [Ord. 715 § 2 (Exh. A), 2019]

5.62.020 Applicability – Conflicts.

The provisions of this chapter shall apply in addition to the provisions of any other code provision or ordinance. Where there is a conflict, the more restrictive provision shall apply. [Ord. 715 § 2 (Exh. A), 2019]

5.62.030 Definitions.

For the purpose of this chapter, the following words or phrases have the meanings prescribed below:

(1) “Accessory dwelling unit or ADU” means a second, subordinate housing unit that is accessory to a single-family residence and which meets the definition and requirements of BMC 19.10.120.

(2) “Building” means a structure having a roof supported by columns or walls used for supporting or sheltering a use of any kind.

(3) “Building code” means all code provisions adopted in and throughout Chapter 15.40 BMC.

(4) “Business license” means a business license as required by Chapter 5.05 BMC.

(5) “Certificate of inspection” means the document signed and dated by a qualified rental housing inspector and submitted to the city as the result of an inspection conducted by a qualified rental housing inspector that certifies that the residential housing units that were inspected comply with the requirements and standards of this chapter.

(6) “Declaration of compliance” means a statement submitted to the city by the owner or the landlord that certifies that, to the best of his or her knowledge, after an on-site review of the conditions of the rental unit, each residential housing unit complies with the requirements and standards of this chapter.

(7) “Department” means the city of Burien department of community development.

(8) “Director” means the city of Burien department of community development director or his or her designee.

(9) “Fire code” means all code provisions adopted in and throughout Chapter 15.20 BMC.

(10) “Landlord” means the owner, lessor, or sublessor of the rental unit or the rental property of which it is a part and, in addition, means any person designated as representative of the owner, lessor, or sublessor including, but not limited to, an agent, a resident manager, or a designated property manager.

(11) “Mobile home” means a mobile home or a manufactured home as defined in Chapter 59.20 RCW.

(12) “Owner” means one or more persons, jointly or severally, in whom is vested:

(a) All or any part of the legal title to property; or

(b) All or part of the beneficial ownership, and a right to present use and enjoyment of the property.

(13) “Qualified rental housing inspector” and “RHI” mean a private inspector who possesses at least one of the following credentials and who has been approved by the director as an RHI based on a process developed by the director consistent with the intent of this chapter:

(a) American Association of Code Enforcement Property Maintenance and Housing Inspector certification;

(b) International Code Council Property Maintenance and Housing Inspector certification;

(c) International Code Council Residential Building Code Inspector;

(d) Washington State-licensed home inspector; or

(e) Other acceptable credential the director establishes by rule.

(14) “Rental property” means all residential dwelling units rented or leased on a single parcel of land managed by the same landlord.

(15) “Rental property complex” means all residential dwelling units rented or leased on a contiguous parcel or parcels of land managed by the same landlord as a single rental complex.

(16) “Rental unit” means a residential housing unit occupied or rented by a tenant or available for rent by a tenant.

(17) “Residential housing unit” means any building or part of a building in the city of Burien that is used or may be used as a home, residence, or sleeping place by one or more persons, including but not limited to single-family residences, accessory dwelling units, duplexes, triplexes, fourplexes, townhouses, multifamily dwellings, apartment buildings, condominiums, and similar living accommodations.

(18) “Shelter” means a facility with overnight sleeping accommodations, owned, operated, or managed by a nonprofit agency or governmental entity, the primary purpose of which is to provide temporary shelter for the homeless in general or for specific populations of the homeless.

(19) “Single-family residence” means a single detached building containing only one residential housing unit that is completely separated by open space on all sides from any other structure, except its own garage or shed.

(20) “Tenant” means a person entitled to occupy a residential housing unit pursuant to a rental agreement or who pays rent for occupancy or possession.

(21) “Transitional housing” means residential housing units owned, operated, or managed by a nonprofit agency or governmental entity in which supportive services are provided to individuals or families that were formerly homeless, with the intent to stabilize them and move them to permanent housing within a period of not more than 24 months.

(22) “Unit unavailable for rent” means a residential housing unit that is not offered or available for rent as a rental unit, and that prior to offering or making the unit available as a rental unit, the owner is required to comply with applicable regulations adopted pursuant to this chapter. [Ord. 805 §§ 1, 2, 2022; Ord. 715 § 2 (Exh. A), 2019]

5.62.040 Scope. Revised 10/24

(1) Exempt Residential Housing Units. This chapter does not apply to the following residential rental units:

(a) Single-family residences;

(b) Units unavailable for rent;

(c) Mobile homes or manufactured homes, as defined in Chapter 59.20 RCW;

(d) Condominiums and townhomes;

(e) Rental units that a government unit, agency, or authority owns, operates, or manages, or that are specifically exempted from such a requirement by state or federal law or administrative regulation. This exemption does not apply once the governmental ownership, operation, or management is discontinued;

(f) Accessory dwelling units; and

(g) Living arrangements exempted under RCW 59.18.040.

(2) Business License Required. As a condition of operation, each and every owner or landlord renting or leasing a residential housing unit within the city limits shall, in accordance with Chapter 5.05 BMC, obtain and maintain a business license. The issuance of such a license shall be considered a privilege and not an absolute right, and the possession of such license shall not entitle the owner or landlord to a new business license for subsequent years.

(a) Lodging types that do not fall under this chapter, such as, but not limited to, hotels, motels, short-term rentals (i.e., AirBNB, VRBO), shelters, transitional housing, and housing accommodations at an institution, may require a Burien business license under a different Burien Municipal Code.

(b) Penalty for Not Obtaining Business License. In addition to the penalties set forth in Chapter 5.05 BMC, there shall be assessed a penalty of $100.00 per day for each day that a residential housing unit operates without a valid and current business license for the first 10 days of noncompliance with this chapter, and $250.00 per day for each day after 10 calendar days of noncompliance with this chapter.

(c) Display of Program Information. Information regarding the rental housing and safety inspection program shall be posted on the inside of each residential housing unit or in a common area; provided, that the director may by rule establish one or more alternative or additional methods for conveying the information to tenants.

(d) Declaration of Compliance. As a condition to the issuance and/or renewal of a business license, an applicant shall provide a valid declaration of compliance addressing each rental unit in the rental property prior to the issuance of a license. A declaration of compliance submitted under this chapter must state that each unit complies with the requirements of this chapter and that there are no conditions presented in the units that endanger or impair the health or safety of a tenant. [Ord. 840 § 1, 2024; Ord. 805 §§ 3, 4, 2022; Ord. 715 § 2 (Exh. A), 2019]

5.62.050 Business license period – Application and relicensing – Fee.

(1) The business license period shall be consistent with the period established under BMC 5.05.160. Any application for a license required by this chapter shall be accompanied by a fee as established in Chapter 5.05 BMC and any resolution established consistent with that chapter. Business license applications for residential rental housing shall comply with the requirements of BMC 5.05.100.

(2) Beginning January 1, 2021, and each year thereafter, the fees imposed in subsection (1) of this section shall be adjusted based on the June to June Seattle-Tacoma-Bellevue Consumer Price Index – All Urban Consumers, CPI-U. The adjustment shall be calculated to the nearest cent. Notification of CPI-U based adjustments will be sent out to affected businesses by November 1, 2020, for the 2021 adjustment, and in subsequent years, by November 1st of the year preceding the adjustment. [Ord. 805 § 5, 2022; Ord. 774 § 1, 2021; Ord. 745 § 1, 2020; Ord. 715 § 2 (Exh. A), 2019]

5.62.060 Denial or revocation of license – Appeal.

(1) Denial or Revocation of License. A business license issued to a residential rental housing unit or units may be denied or revoked for the following reasons:

(a) Failure to obtain a certificate of inspection as required by this chapter;

(b) The certificate of inspection or business license was procured by fraud or false representation of fact;

(c) The applicant or license holder has failed to comply with any of the provisions of this chapter;

(d) The applicant or license holder is in default in any fee due to the city under this chapter;

(e) Any reason set forth in BMC 5.05.130 and 5.05.140;

(f) The property is subject to a notice of violation for a code violation which has been deemed committed or found to have been committed pursuant to Chapter 1.15 BMC or violation of the Revised Code of Washington.

(2) Process – Appeal. The denial or revocation of a business license for a residential rental housing unit or units shall comply with the business license revocation procedures set forth in BMC 5.05.140. The denial or revocation of a business license required by this chapter may be appealed in conformance with the requirements of BMC 5.05.150.

(3) If a business license issued for a residential rental housing unit(s) is revoked, or an application for a license is denied, the landlord will be granted a business license only after:

(a) Any and all deficiencies on which the revocation or denial was based have been corrected;

(b) In the event an inspection has been required, the applicant has provided to the city a valid certificate of inspection that meets the requirements of this chapter; and

(c) The applicant pays a license fee as determined by ordinance.

(4) Tenant relocation assistance shall be provided as required by RCW 59.18.085, and pursuant to the process set forth therein. [Ord. 805 § 6, 2022; Ord. 715 § 2 (Exh. A), 2019]

5.62.070 Certificates of inspection. Revised 10/24

(1) All residential rental properties subject to the requirements of this chapter must be inspected once every three years based on the property located in the corresponding assigned zone by a qualified rental housing inspector and will require a certificate of inspection within a period established by the director. The property selection process shall be based on a methodology determined by the director that will further the purpose of this chapter.

(2) The director is authorized to create and publish a checklist to be used for declarations of compliance and inspections submitted or conducted under this chapter, and is authorized to include additional standards including, but not limited to, those within the building code, fire code, or RCW 59.18.060.

(3) All certificates of inspection submitted under this chapter must state that all units subject to inspection have been inspected, and that all units inspected comply with the requirements of the checklist.

(4) A certificate of inspection shall be based upon a physical inspection by the qualified rental housing inspector of the residential housing units conducted not more than 90 days prior to the date of the certificate of inspection.

(5) The certificate of inspection shall list and show compliance with the minimum standards for each residential housing unit that was inspected using the checklist provided by the city and shall contain such other information as determined by the director to carry out the intent of this chapter.

(6) Limitations and Conditions on Inspection of Units for Certificate of Inspection.

(a) The unit selection process shall be based on a methodology determined by the director that will further the purpose of this chapter.

(b) The city may only require a certificate of inspection on a rental property no more frequently than once every three years in accordance with RCW 59.18.125.

(c) A rental property that has received a certificate of occupancy within the last four years and has had no code violations reported on the property during that period is exempt from inspection.

(d) For properties that require an inspection, the owner or landlord must send written notice of the inspection to all units at the rental property. The notice must advise tenants that some of the units at the property will be inspected in the current year and that the tenants whose units need repairs or maintenance should send written notification to the landlord as provided in RCW 59.18.070 and 59.18.125(5). The notice must also advise tenants that if the landlord fails to respond to the request for repairs or maintenance adequately, the tenants may contact city of Burien officials. A copy of the notice must be provided to the inspector upon request on the day of inspection.

(e) If a rental property has 20 or fewer rental units, no more than four rental units at the rental property may be selected by the city to provide a certificate of inspection as long as the initial inspection reveals that no conditions exist that endanger or impair the health or safety of a tenant.

(f) If a rental property has 21 or more rental units, no more than 20 percent of the units, rounded up to the next whole number, on the rental property, and up to a maximum of 50 units at any one property, may be selected by the city to provide a certificate of inspection as long as the initial inspection reveals that no conditions exist that endanger or impair the health or safety of a tenant.

(g) If an owner or landlord is asked to provide a certificate of inspection for a sample of units on the rental property and a selected unit fails the initial inspection, the city may require up to 100 percent of the units on the rental property to provide a certificate of inspection.

(h) If a rental property has had conditions that endanger or impair the health or safety of a tenant reported since the last required inspection, the city may require 100 percent of the units on the rental property to provide a certificate of inspection.

(i) An inspector conducting an inspection under this chapter may only investigate a rental property as needed to provide a certificate of inspection.

(7) Notice to Tenants.

(a) The landlord shall provide written notification of his or her intent to allow an inspector to enter an individual unit for the purposes of providing the city with a declaration of compliance or certificate of inspection in accordance with RCW 59.18.150(6). The written notice must indicate the date and approximate time of the inspection and the company or person performing the inspection, and that the tenant has the right to see the inspector’s identification before the inspector enters the individual unit. A copy of this notice must be provided to the inspector upon request on or before the day of inspection.

(b) A tenant who continues to deny access to his or her unit is subject to the penalties in RCW 59.18.150(8).

(8) Penalty for Not Obtaining a Certificate of Inspection. In addition to the enforcement and penalty provisions of Chapter 1.15 BMC, after the mailing of notice of no certificate of inspection, there shall be assessed a penalty of $100.00 per day for each day that a residential housing unit operates without a certificate of inspection for the first 10 days of noncompliance with this chapter, and $250.00 per day for each day in excess of 10 days of noncompliance with this chapter.

After 30 days of noncompliance, the property shall be deemed to be uninhabitable. If there is a valid business license, that license shall be deemed revoked as of the thirty-first day of noncompliance. Based on the revoked business license and the uninhabitable property, the property owner shall be financially responsible for assisting in the relocation of each tenant as provided in RCW 59.18.090, Rental of condemned or unlawful dwelling – Tenant’s remedies – Relocation assistance – Penalties, as it exists or may be amended. The property owner shall continue to be liable for the $250.00 per day penalty until each tenant has been successfully relocated.

Nothing in this section shall preclude criminal prosecution under BMC 1.15.080, Violations, or any other applicable law, for the intentional or willful failure to comply with this chapter.

For purposes of this section, “days” shall mean calendar days. [Ord. 840 §§ 2, 3, 2024; Ord. 805 § 7, 2022; Ord. 804 § 11, 2022; Ord. 715 § 2 (Exh. A), 2019]

5.62.080 Notice that rental is unlawful when certificate not provided. Revised 10/24

When a certificate of inspection or a declaration of compliance is required for a specified residential housing unit under this chapter and a valid certificate of inspection or declaration of compliance has not been provided to the city, the director is authorized to notify the owner or landlord that until a valid certificate of inspection or declaration of compliance is provided to the city, it is unlawful to rent or to allow a tenant to continue to occupy the residential housing unit. It shall be unlawful to rent or allow a tenant to occupy or continue to occupy the residential housing unit. It shall be unlawful to rent or allow a tenant to occupy or continue to occupy such unit and shall result in the placarding of the unit as an unlawful or unsafe structure or unfit for human occupancy under the International Property Maintenance Code Section 111.1, 111.1.3, or 111.1.4. [Ord. 840 § 4, 2024; Ord. 715 § 2 (Exh. A), 2019]

5.62.090 Other inspections.

Nothing in this chapter precludes additional inspections conducted under RCW 59.18.150, Chapter 1.15 BMC, or at the request or consent of a tenant, pursuant to a warrant, or pursuant to the tenant remedy provided by RCW 59.18.115 of the Residential Landlord-Tenant Act. [Ord. 715 § 2 (Exh. A), 2019]

5.62.100 Director is authorized to make rules.

The director is authorized to adopt, publish, and enforce rules and regulations, consistent with this chapter and the standards in this chapter, for the purpose of carrying out the provisions of this chapter, and it is unlawful to violate or fail to comply with any such rule or regulation. [Ord. 715 § 2 (Exh. A), 2019]

5.62.110 Correction notice prior to enforcement.

Before the city suspends or revokes a license or imposes the penalties set forth in this chapter, an attempt shall be made to give the owner or landlord a written notice by personal service or by certified mail, return receipt requested, stating the existence of a violation, that enforcement action is contemplated, and that such person shall have a specified period of time in which to correct the violation. [Ord. 805 § 8, 2022; Ord. 715 § 2 (Exh. A), 2019]

5.62.120 Immediate health and safety threats.

Nothing in this chapter shall limit the city’s ability to inspect properties and issue citations for property-related conditions that may constitute an immediate health or safety threat. [Ord. 715 § 2 (Exh. A), 2019]

5.62.130 Immunity, no warranty by city, and no private right of action.

The purpose of this chapter is to promote the safety and welfare of the general public and not to create or designate any particular class of persons who will or should be specially protected by its terms. Nothing contained in this chapter is intended nor shall be construed to create any liability on the part of the city or its employees for any injury or damage resulting from the failure of an owner, landlord, inspector, or other individual to comply with the provisions of this chapter, or by reason or in consequence of any act or omission in connection with the implementation or enforcement of this chapter on the part of the city or its employees. By enacting and undertaking to enforce this chapter, neither the city, its agents or employees, nor the city council warrants or guarantees the safety, fitness, nor suitability of any dwelling in the city or any unit inspected under this program. Owners, landlords, and occupants shall take whatever steps they deem appropriate to protect their interest, health, safety, and welfare. Nothing contained in this chapter is intended to create a private right of action. [Ord. 715 § 2 (Exh. A), 2019]

5.62.140 Notice – Additional penalties.

(1) Prior to imposing any penalties set forth in this chapter, the city shall provide notice and an opportunity to correct pursuant to BMC 1.15.100.

(2) Any person who knowingly submits or assists in the submission of a falsified certificate of inspection, or knowingly submits falsified information upon which a certificate of inspection is issued, is guilty of a gross misdemeanor and must be punished by a fine of not more than $5,000 as provided in RCW 59.18.125.

(3) The penalties imposed in this chapter are not exclusive when the acts or omissions constitute a violation of another chapter of the Burien Municipal Code. In addition to all other penalties, remedies, or other enforcement measures established within this chapter, or as otherwise provided by law, the acts or omissions that constitute violations of this chapter may be subject to penalties and enforcement provisions as provided by other chapters of the Burien Municipal Code, and such penalties and enforcement provisions may be imposed as set forth therein. All remedies under this chapter are cumulative unless otherwise expressly stated. The exercise of one remedy shall not foreclose use of another. Remedies may be used singly or in combination; in addition, the city of Burien may exercise any rights it has at law or equity. [Ord. 715 § 2 (Exh. A), 2019]

5.62.150Consistency with Chapter59.18RCW.

The provisions of this chapter shall be interpreted in a manner that is consistent with the provisions of Chapter 59.18 RCW. [Ord. 715 § 2 (Exh. A), 2019]

Chapter 5.63 — RENTAL HOUSING POLICY Revised 10/24

Sections:

5.63.010 Purpose and intent.

5.63.020 Definitions.

5.63.030 Distribution of information required.

5.63.040 Deposit requirements and installment payments permitted.

5.63.050 Notice requirement generally – Reasonable accommodation request.

5.63.060 Notice of proposed sale of low-income housing. Revised 10/24

5.63.070 Just cause eviction. Revised 10/24

5.63.090 Late fees.

5.63.100 Rent increases.

5.63.110 Due date adjustments.

5.63.120 Social security numbers.

5.63.130 Housing ombudsman.

5.63.140 Compliance and enforcement.

5.63.150 Date of applicability.

5.63.010 Purpose and intent.

The purpose of this chapter is to establish regulations supporting the topic of increasing housing security, and to establish standards and enforcement mechanisms as they relate to rental housing within the city limits of Burien. It is Burien’s intent to continue its long-term commitment to maintain vibrant and diverse neighborhoods within Burien. The regulations contained in this chapter balance the needs of the landlord, tenant, and Burien while creating a partnership to ensure safe, healthy, and thriving rental housing in Burien. Burien recognizes that the renting of residential property is a commercial venture where owners and landlords must evaluate risk, profit, and loss. Providing housing for Burien residents directly impacts quality of life at the most basic level, and therefore requires regulations to ensure that it is equitably undertaken. This chapter strives to ensure housing security for current and future residents, and addresses potential retaliation against tenants who make complaints about housing conditions. All of these code provisions should be read in harmony with state law, and if there is any question or conflict between Burien and state law, state law will apply. [Ord. 804 § 1, 2022; Ord. 716 § 1 (Exh. A), 2019]

5.63.020 Definitions.

Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter:

(1) “Assisted housing development” means a multifamily rental housing development that both receives government assistance and is defined as federally assisted housing in RCW 59.28.020, or that receives other federal, state, or local government assistance and is subject to use restrictions.

(2) “Days” means calendar days unless otherwise provided.

(3) “Director” means the city of Burien director of planning and community development, or the director’s designee.

(4) “Dwelling unit” means a structure or part of a structure used as a home, residence, or sleeping place by one, two, or more persons maintaining a common household, including, but not limited to, single-family residences and multiplexes, apartment buildings, and mobile homes.

(5) “Housing costs” means the compensation or fees paid or charged, usually periodically, for the use of any property, land, buildings, or equipment for residential purposes. For purposes of this chapter, housing costs include the basic rent charge, but do not include utility charges that are based on usage and that the tenant has agreed in the rental agreement to pay, unless the obligation to pay those charges is itself a change in the terms of the rental agreement.

(6) “Immediate family member” includes the spouse or domestic partner, dependent children, and other dependent relatives.

(7) “Landlord” means a landlord as defined in and within the scope of RCW 59.18.030 and 59.18.040 of the Residential Landlord Tenant Act of 1973 (“RLTA”) in effect at the time the rental agreement is executed. As of the effective day of the ordinance codified in this chapter, the RLTA defines “landlord” as “the owner, lessor, or sublessor of the dwelling unit or the property of which it is a part, and in addition means any person designated as representative of the owner, lessor, or sublessor including, but not limited to, an agent, a resident manager, or a designated property manager.”

(8) “Nonrefundable move-in fees” means nonrefundable payment paid by a tenant to a landlord to cover administrative, pet, or damage fees, or to pay for cleaning of the dwelling unit upon termination of the tenancy, but does not include payment of a holding fee authorized by RCW 59.18.253(2).

(9) “Owner” means the owner of record as shown on the last King County tax assessment roll or such owner’s authorized agent.

(10) “Rent” or “rental amount” means recurring and periodic charges identified in the rental agreement for the use and occupancy of the premises, which may include charges for utilities. These terms do not include nonrecurring charges for costs incurred due to late payment, damages, deposits, legal costs, or other fees, including attorneys’ fees. Provided, however, that if, at the commencement of the tenancy, the landlord has provided an installment payment plan for nonrefundable fees or deposits for the security of the tenant’s obligations and the tenant defaults in payment, the landlord may treat the default payment as rent owing.

(11) “Rental agreement” means all agreements which establish or modify the terms, conditions, rules, regulations, or any other provisions concerning the use and occupancy of a dwelling unit.

(12) “Security deposit” means a refundable payment or deposit of money, however designated, the primary function of which is to secure performance of a rental agreement or any part of a rental agreement. “Security deposit” does not include a fee.

(13) “Substantial rehabilitation” means extensive structural repair or extensive remodeling and requires a building, electrical, plumbing, or mechanical permit for the tenant’s dwelling unit at issue. Any “substantial rehabilitation” as provided herein requires displacement of a tenant.

(14) “Tenant” means any person who is entitled to occupy a dwelling unit primarily for living or dwelling purposes under a rental agreement. [Ord. 716 § 1 (Exh. A), 2019]

5.63.030 Distribution of information required.

(1) Distribution of Resources by Landlord.

(a) At the time a prospective tenant applies to reside in a dwelling unit, the landlord shall provide the prospective tenant with the landlord’s written rental criteria and, once created by the city, with a city of Burien informational website address designated by the city for the purpose of providing information about the property and its landlord, which may include, but is not limited to, local code enforcement information relating to properties within city limits, and a website address for the Washington Secretary of State for the purpose of providing information on how to register to vote or change their address, if the individual is already registered to vote.

(b) In the event a prospective tenant cannot reasonably access the internet and at their request, a landlord shall provide the prospective tenant a paper copy of the property and landlord information that can be found on the website identified above.

(2) Distribution of Information Packets by Landlord.

(a) The director shall prepare, and update as necessary, summaries of this chapter, the Burien Building and Property Maintenance Code (Chapter 15.40 BMC), state RLTA (Chapter 59.18 RCW), Forcible Entry and Forcible and Unlawful Detainer (Chapter 59.12 RCW), and fair housing laws, describing the respective rights, obligations, and remedies of landlords and tenants, including information about legal resources available to tenants.

(b) A landlord shall provide a copy of the summaries prepared by the director to any tenant or prospective tenant when a rental agreement is offered, whether or not the agreement is for a new or renewal agreement.

(c) Where there is an oral rental agreement, the landlord shall give the tenant copies of the summaries described herein, either before entering into the oral rental agreement or as soon as reasonably possible after entering into the oral rental agreement.

(d) For existing tenants, landlords shall, within 30 days after the summaries are made available by the city, distribute current copies of the summaries to existing tenants.

(e) The initial distribution of information to tenants must be in written form and landlords shall obtain the tenant’s signature documenting tenant’s receipt of such information. If a tenant refuses to provide a signature documenting the tenant’s receipt of the information, the landlord may draft a declaration stating when and where the landlord provided tenant with the required information. After the initial distribution of the summaries to tenants, a landlord shall provide existing tenants with updated summaries by the city, and may do so in electronic form unless a tenant otherwise requests written summaries.

(f) The packet prepared by the director includes informational documents only, and nothing in the summaries therein shall be construed as binding on or affecting any judicial determination of the rights and responsibilities of landlords and tenants, nor is the director liable for any misstatement or misinterpretation of the applicable laws.

(3) Notice of Resources. A landlord is required to provide a copy of a resource summary, prepared by the city, to any tenant when the landlord provides a notice to a tenant under RCW 59.12.030. [Ord. 716 § 1 (Exh. A), 2019]

5.63.040 Deposit requirements and installment payments permitted.

(1) Installment Payments, Generally. Upon a tenant’s written request, tenants may pay security deposits, nonrefundable move-in fees, and/or last month’s rent in installments as provided herein; except that the tenant cannot elect to pay the security deposit and nonrefundable move-in fees in installments if (a) the total amount of the security deposit and nonrefundable move-in fees does not exceed 25 percent of the first full month’s rent for the tenant’s dwelling unit; and (b) payment of last month’s rent is not required at the inception of the tenancy. Landlords may not impose any fee, charge any interest, or otherwise impose a cost on a tenant because a tenant elects to pay in installments. Installment payments are due at the same time as rent is due. All installment schedules must be in writing, signed by both parties. The sum of any security deposits, nonrefundable move-in fees, and/or last month’s rent may not exceed one month’s rent, except in subsidized housing where the amount of rent is set based on the tenants’ income. The exception for subsidized housing shall not include tenancies regulated under Section 8 of the Housing Act of 1937, 42 U.S.C. Section 1437f, commonly known as the “choice voucher program.”

(2) Fixed-Term Tenancies for Six Months or Longer. For any rental agreement term that establishes a tenancy for six months or longer, the tenant may elect to pay the security deposit, nonrefundable move-in fees, and last month’s rent, excluding any payment made by a tenant to the landlord prior to the inception of tenancy to reimburse the landlord for the cost of obtaining a tenant screening report, in six consecutive, equal monthly installments that begin at the inception of the tenancy.

(3) Month-to-Month or Tenancy Lasting Fewer Than Six Months. For any rental agreement term that establishes a tenancy from month to month or fewer than six months, the tenant may elect to pay the security deposit, nonrefundable move-in fees, and last month’s rent, excluding any payment made by a tenant to the landlord prior to the inception of tenancy to reimburse the landlord for the cost of obtaining a tenant screening report, in two equal installments. The first payment is due at the inception of the tenancy, and the second payment is due on the first day of the second month or period of the tenancy.

(4) A tenant’s failure to pay a security deposit, nonrefundable move-in fees, and last month’s rent according to an agreed payment schedule is a breach of the rental agreement and subjects the tenant to a 10-day notice pursuant to RCW 59.12.030(4), and shall mean that the entire amount of any outstanding payments shall become due when the next rent payment is due, unless otherwise agreed to in writing by the landlord and tenant.

(5) Paying in installments does not apply to a landlord obtaining a tenant screening report, which report cost paid by the tenant shall be limited to the standard and actual cost of the tenant screening report.

(6) No security deposit may be collected by a landlord unless the rental agreement is in writing and a written checklist or statement specifically describing the condition and cleanliness of or existing damages to the premises and furnishings, including, but not limited to, walls, floors, countertops, carpets, drapes, furniture, and appliances, is provided by the landlord to the tenant at the beginning of the tenancy. The checklist or statement shall be signed and dated by the landlord and the tenant, and the tenant shall be provided with a copy of the signed checklist or statement.

(7) A landlord must place any required security deposit in a trust account and provide a written receipt and notice of the name, address, and location of the depository and any subsequent change thereof to the tenant, in compliance with the requirements of RCW 59.18.270.

(8) Nothing in this chapter prohibits a landlord from bringing an action against a tenant to recover sums exceeding the amount of the tenant’s security deposit for damage to the dwelling unit for which the tenant is responsible. The landlord may seek attorney’s fees for such an action as authorized by Chapter 59.18 RCW. [Ord. 804 § 2, 2022; Ord. 716 § 1 (Exh. A), 2019]

5.63.050 Notice requirement generally – Reasonable accommodation request.

A landlord shall review and comply with all reasonable accommodation requests received from a tenant related to the service of any notice required by this chapter. [Ord. 716 § 1 (Exh. A), 2019]

5.63.060 Notice of proposed sale of low-income housing. Revised 10/24

Owners of a multifamily rental housing building having five or more housing units, any one of which rents for an amount that is affordable to households at or below 80 percent of area median income, as median income was most recently determined by the United States Department of Housing and Urban Development for the Seattle metropolitan statistical area, as adjusted for household size, shall notify the director of the owner’s intent to sell the building. The notice shall be in writing and include the owner’s name, phone number, and the address of the rental housing building that will be listed for sale. The notice shall be mailed no later than 60 calendar days before the building is listed with any real estate service or advertised for sale either in a printed newspaper or website. In this section, a building is “listed” when an owner has signed a listing agreement with a real estate agent. Owners of multifamily buildings having five or more housing units who are otherwise required by law or agreement to notify the director of the owner’s intent to sell or transfer the building and who have provided such notice are exempt from the notice requirement of this subsection. [Ord. 841 § 1, 2024; Ord. 716 § 1 (Exh. A), 2019]

5.63.070 Just cause eviction. Revised 10/24

(1) Pursuant to provisions of the Washington State Residential Landlord-Tenant Act (RCW 59.18.290), owners may not evict residential tenants without a court order, which can be issued by a court only after the tenant has an opportunity in a show cause hearing to contest the eviction (RCW 59.18.380). Owners of housing units shall not evict or attempt to evict any tenant, or otherwise terminate or attempt to terminate the tenancy of any tenant, unless the owner can prove in court that just cause exists. Owners may not evict residential tenants from rental housing units if the units are not licensed with the city of Burien unless exempt under BMC 5.62.040(1), or if the required rental housing inspection is not completed by the deadline as required by BMC 5.62.070, regardless of whether just cause for eviction may exist. An owner complies with licensing requirements if the rental housing unit is licensed with the city of Burien pursuant to Chapter 5.62 BMC before entry of a court order authorizing eviction or before a writ of restitution is granted. A court may grant a continuance in an eviction action to give the owner time to license the rental housing unit. The reasons for termination of tenancy listed below shall constitute just cause under this section.

(a) The tenant fails to comply with a 14-day notice to pay rent or vacate pursuant to RCW 59.12.030(3); a 10-day notice to comply or vacate pursuant to RCW 59.12.030(4); or a three-day notice to vacate for waste, nuisance (including a drug-related activity nuisance pursuant to Chapter 7.43 RCW), or maintenance of an unlawful business or conduct pursuant to RCW 59.12.030(5);

(b) The tenant habitually fails to pay rent when due which causes the owner to notify the tenant in writing of late rent four or more times in a 12-month period;

(c) The tenant fails to comply with a 10-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 RCW 59.18.130;

(d) The tenant habitually fails to comply with the material terms of the rental agreement which causes the owner to serve a 10-day notice to comply or vacate three or more times in a 12-month period;

(e) The owner seeks possession so that the owner or a member of his or her immediate family may occupy the unit as that person’s principal residence and no substantially equivalent unit is vacant and available in the same building, and the owner has given the tenant at least 90 days’ advance written notice of the date the tenant’s possession is to end. The director may reduce the time required to give notice to no less than 60 days if the director determines that delaying occupancy will result in a personal hardship to the owner or to the owner’s immediate family. Personal hardship may include but is not limited to hardship caused by illness or accident, unemployment, or job relocation. There is a rebuttable presumption of a violation of this subsection (1)(e) if the owner or a member of the owner’s immediate family fails to occupy the unit as that person’s principal residence for at least 60 consecutive days during the 90 days immediately after the tenant vacated the unit pursuant to a notice of termination or eviction using this subparagraph as the cause for eviction;

(f) The owner elects to sell a dwelling unit subject to the provisions of this chapter and gives the tenant at least 90 days’ written notice prior to the date set for vacating, which date shall coincide with the end of the term of a rental agreement, or if the agreement is month to month, with the last day of a monthly period. The director may reduce the time required to give notice to no less than 60 days if the director determines that providing 90 days’ notice will result in a personal hardship to the owner. Personal hardship may include but is not limited to hardship caused by illness or accident, unemployment, or job relocation. For the purposes of this subsection, an owner “elects to sell” when the owner makes reasonable attempts to sell the dwelling within 30 days after the tenant has vacated, including, at a minimum, listing it for sale at a reasonable price with a realty agency or advertising it for sale at a reasonable price in a newspaper of general circulation. There shall be a rebuttable presumption that the owner did not intend to sell the unit if:

(i) Within 30 days after the tenant has vacated, the owner does not list the single-family dwelling unit for sale at a reasonable price with a realty agency or advertise it for sale at a reasonable price in a newspaper of general circulation, or

(ii) Within 90 days after the date the tenant vacated or the date the property was listed for sale, whichever is later, the owner withdraws the rental unit from the market, rents the unit to someone other than the former tenant, or otherwise indicates that the owner does not intend to sell the unit;

(g) The tenant’s occupancy is conditioned upon employment on the property and the employment relationship is terminated;

(h) The owner seeks to do substantial rehabilitation in the building and gives the tenant at least 120 days’ written notice prior to the date set for vacating. To utilize this basis as the rationale for termination, the owner must obtain at least one permit necessary for the rehabilitation before terminating the tenancy;

(i) The owner elects to demolish the building, convert it to a cooperative, or convert it to a nonresidential use and gives the tenant at least 120 days’ written notice prior to the date set for vacating. To utilize this basis as the rationale for termination, the owner must obtain a permit necessary to demolish or change the use before terminating any tenancy or converting the building to a condominium;

(j) The owner seeks to discontinue use of a housing unit unauthorized by BMC Title 19 after receipt of a notice of violation;

(k) The owner seeks to reduce the number of individuals residing in a dwelling unit to comply with the maximum limit of individuals allowed to occupy one dwelling unit as required by BMC Title 15; and

(i) (A) The number of such individuals was more than is lawful under the current version of BMC Title 15; and

(B) That number has not increased with the knowledge or consent of the owner; and

(C) The owner is either unwilling or unable to obtain a permit to allow the unit with that number of residents; and

(ii) The owner has served the tenants with a 30-day notice, informing the tenants that the number of tenants exceeds the legal limit and must be reduced to the legal limit; and

(iii) After expiration of the 30-day notice, the owner has served the tenants with and the tenants have failed to comply with a 10-day notice to comply with the limit on the number of occupants or vacate; and

(iv) If there is more than one rental agreement for the unit, the owner may choose which agreements to terminate; provided, that the owner may either terminate no more than the minimum number of rental agreements necessary to comply with the legal limit on the number of occupants, or, at the owner’s option, terminate only those agreements involving the minimum number of occupants necessary to comply with the legal limit;

(l) An emergency order requiring that the housing unit be vacated and closed has been issued pursuant to BMC Title 15 and the emergency conditions identified in the order have not been corrected;

(m) The owner seeks to discontinue sharing with a tenant of the owner’s own housing unit, i.e., the unit in which the owner resides, seeks to terminate the tenancy of a tenant of an accessory dwelling unit that is accessory to the housing unit in which the owner resides, or seeks to terminate the tenancy of a tenant in a single-family dwelling unit and the owner resides in an accessory dwelling unit on the same lot. This subsection does not apply if the owner has received a notice of violation of the development standards of BMC Title 19;

(n) A tenant, or with the consent of the tenant, the tenant’s subtenant, sublessee, resident, or guest, has engaged in criminal activity on the premises, or on the property or public right-of-way abutting the premises, and the owner has specified in the notice of termination the crime alleged to have been committed and the general facts supporting the allegation, and has assured that the department has recorded receipt of a copy of the notice of termination. For purposes of this subsection a person has “engaged in criminal activity” if he or she:

(i) Engages in drug-related activity that would constitute a violation of Chapter 69.41, 69.50, or 69.52 RCW; or

(ii) Engages in activity that is a crime under the laws of this state, but only if the activity substantially affects the health or safety of other tenants or the owner.

(2) Any rental agreement provision which waives or purports to waive any right, benefit or entitlement created by this section shall be deemed void and of no lawful force or effect.

(3) With any termination notices required by law, owners terminating any tenancy protected by this section shall advise the affected tenant or tenants in writing of the reasons for the termination and the facts in support of those reasons.

(4) If a tenant who has received a notice of termination of tenancy claiming subsection (1)(e), (f) or (m) of this section as the ground for termination believes that the owner does not intend to carry out the stated reason for eviction and makes a complaint to the director, then the owner must, within 10 days of being notified by the director of the complaint, complete and file with the director a certification stating the owner’s intent to carry out the stated reason for the eviction. The failure of the owner to complete and file such a certification after a complaint by the tenant shall be a defense for the tenant in an eviction action based on this ground.

(5) In any action commenced to evict or to otherwise terminate the tenancy of any tenant, it shall be a defense to the action that there was no just cause for such eviction or termination as provided in this section.

(6) It shall be a violation of this section for any owner to evict or attempt to evict any tenant or otherwise terminate or attempt to terminate the tenancy of any tenant using a notice which references subsection (1)(e), (f), (h), (k), (l) or (m) of this section as grounds for eviction or termination of tenancy without fulfilling or carrying out the stated reason for or condition justifying the termination of such tenancy.

(7) An owner who evicts or attempts to evict a tenant or who terminates or attempts to terminate the tenancy of a tenant using a notice which references subsection (1)(e), (f) or (h) of this section as the ground for eviction or termination of tenancy without fulfilling or carrying out the stated reason for or condition justifying the termination of such tenancy shall be liable to such tenant in a private right for action for damages up to $2,000, costs of suit, or arbitration and reasonable attorney’s fees. [Ord. 841 § 2, 2024; Ord. 811 § 1, 2023; Ord. 804 § 3, 2022; Ord. 716 § 1 (Exh. A), 2019]

5.63.090 Late fees.

(1) Any fees for late payment of rent shall not exceed $10.00 per month. No other fees may be charged for late payment of rent, including for the service of any notice required under state law, or any legal costs, including court costs and attorneys’ fees. Any rental agreement provision providing for such fees shall be deemed void with respect to any provision prohibited by this subsection. This section shall not apply to or limit decisions, orders, and rulings of courts of competent jurisdiction.

(2) Any notice to pay or vacate served under RCW 59.12.030(3) shall include within the notice in at least 16 point bold font the following information: “You have 14 days to pay the rent required by this notice. After 14 days, you may pay the rent but will have to include a late fee totaling at most $10.00 per month for each month of rent owed. If the landlord has started a court case to evict you and the case is filed in court, you will need to pay court costs as well before the hearing date to avoid eviction.” [Ord. 804 § 6, 2022]

5.63.100 Rent increases.

A landlord may not increase the rent or charge any nonrent charges except in accordance with this section:

(1) A landlord may not increase the rent of a tenant unless the landlord has provided the tenant with 120 days’ prior notice of a rent increase over three percent and 180 days’ prior notice of a rent increase over 10 percent and any increase in the amount of rent may not become effective prior to the completion of the term of the rental agreement. Tenants shall receive prior notice of increases of three percent or less pursuant to RCW 59.18.140, Reasonable obligations or restrictions – Tenant’s duty to conform – Landlord’s duty to provide written notice in increase of rent, as it exists or may be amended. If the rental agreement governs a subsidized tenancy where the amount of rent is based on the income of the tenant or circumstances specific to the subsidized household, the landlord shall provide a minimum of 30 days’ prior written notice of an increase in the amount of rent to each affected tenant.

(a) In the event of such an increase, the tenant may terminate the tenancy immediately upon surrendering the dwelling unit prior to the increase taking effect. The tenant shall only owe pro rata rent through the date upon which the premises are surrendered. Any notice increasing the current rent shall inform the tenant that they may terminate the tenancy at any time and owe pro rata rent through the date the tenant surrenders the dwelling unit.

(b) Any notice of a rent increase shall be served in accordance with RCW 59.12.040, Service of notice – Proof of service, as it exists or may be amended.

(2) A landlord shall not increase the rent to be charged to a tenant by any amount if the dwelling unit has defective conditions making the dwelling unit uninhabitable, if a request for repairs to make the dwelling unit habitable has not been completed, or is otherwise in violation of RCW 59.18.060, Landlord duties, as it exists or may be amended. If the tenant believes the dwelling unit has defective conditions making the unit uninhabitable or violates RCW 59.18.060, the tenant shall notify the landlord in writing as required by RCW 59.18.070, specifying the premises involved; the owner’s name, if known; and the defective condition before the effective date listed in the notice of rent increase. [Ord. 804 § 7, 2022]

5.63.110 Due date adjustments.

All rental agreements executed after the adoption of the ordinance codified in this chapter shall include a provision allowing tenants to adjust the due date of rent payments if the tenant has a regular primary source of income, monthly source of governmental assistance, or fixed income source (e.g., social security) that the tenant receives on a date of the month that is incongruent with paying rent on the date otherwise specified in the rental agreement. A landlord shall not refuse to rent to a prospective tenant or terminate a lease based on a request for a due date adjustment. [Ord. 804 § 8, 2022]

5.63.120 Social security numbers.

(1) No landlord shall require that any tenant, prospective tenant, occupant, or prospective occupant of rental property provide a social security number. Alternative proof of financial eligibility such as portable screening reports or other proof of income must also be accepted, where available, if offered by the tenant.

(2) Nothing in this section shall prohibit a rental housing owner or nonowner manager from either:

(a) Complying with any legal obligation under federal law.

(b) Requesting information or documentation necessary to determine or verify the financial qualifications of a prospective tenant, or to determine or verify the identity of a prospective tenant or prospective occupant. However, if the rental housing owner or nonowner manager requests a social security number for verifying financial qualifications, other documentation sufficient to verify financial qualifications must also be accepted, such as portable screening reports, Individual Taxpayer Identification Number (ITIN) or other proof of income, and if a person is offering alternative means, the rental housing owner or nonowner manager must offer the same terms to the applicant as if a social security number was provided.

(3) A rental owner or nonowner manager shall inform any prospective resident or applicant seeking a rental unit of their right to provide alternative proof of financial qualifications on a form to be prescribed by Burien within 60 calendar days of enactment of the ordinance codified in this chapter. Such form shall be signed by the prospective applicant. [Ord. 804 § 9, 2022]

5.63.130 Housing ombudsman.

(1) It is the intent of the city of Burien to establish, in addition to other remedies or rights of appeal of any person under local, state or federal law, an independent, impartial local office readily available to the public and empowered to investigate housing disputes; to direct tenants, landlords and persons to the right avenue of recourse and/or the proper venue for recourse for conflicts; to assist in resolving problems and grievances between a landlord and a tenant; to document and identify issues and problems with residential rental housing and landlord-tenant relationships; and to recommend needed changes to laws to the city of Burien city council.

(2) The office of housing ombudsman is hereby established in the city of Burien for the health, safety and welfare of citizens seeking or who have obtained residential housing, or who offer or provide residential housing in the city of Burien.

(3) The housing ombudsman shall report to the city manager. This arrangement helps to guarantee the independence of the housing ombudsman, who is not only providing a direct service to citizens but is performing a role in legislative oversight of the city of Burien housing ombudsman program by reporting to the city manager.

(4) The housing ombudsman shall be a person of recognized judgment, objectivity and integrity who is well equipped to analyze problems of law, administration and public policy.

(5) No person while serving as ombudsman:

(a) Shall engage in any other occupation, business, or profession likely to detract from the full-time performance of his or her duties as ombudsman; or

(b) Shall engage in any other occupation, business or profession likely to result in a conflict of interest or an appearance of impropriety or partiality.

(6) The housing ombudsman shall follow the policies, rules and procedures as adopted by the city of Burien for the office of housing ombudsman. [Ord. 804 § 4, 2022; Ord. 716 § 1 (Exh. A), 2019. Formerly 5.63.075]

5.63.140 Compliance and enforcement.

(1) Powers and Duties of the Director.

(a) The director is authorized to enforce this chapter and may promulgate rules and regulations consistent with this chapter; provided, that the director shall hold one or more public hearings prior to adoption of final rules and regulations.

(b) The director shall attempt to settle by agreement any alleged violation or failures to comply with the provisions of this chapter; provided, that nothing herein shall create a right or entitlement of a landlord to settlement by agreement.

(c) The director is authorized to request records from landlord and the landlord shall allow the director access to such records, as well as a complete roster of tenants’ names and contact information, when requested, with at least five business days’ notice and at a mutually agreeable time, to investigate potential violations of the requirements of this chapter.

(2) Notice of Violation.

(a) If a violation of this chapter occurs, the director shall issue a notice of violation. A notice of violation shall include:

(i) The street address or a description of the building, structure, premises, or land in terms reasonably sufficient to identify its location where the violation occurred;

(ii) A description of the violation and a reference to the provisions of this chapter which have been violated;

(iii) A description of the action required to comply with the provisions of this chapter;

(iv) A statement that the landlord to whom a notice of violation is directed may request a hearing. Such request for hearing must be submitted in writing and must be received by the city clerk no later than 10 days after the notice of violation has been issued;

(v) A statement that penalties will accrue as provided in this chapter;

(vi) An advisory letter to provide the landlord with a timeline of the process and an invitation to conciliate.

(b) The notice of violation shall be delivered, in writing, to the person to whom the notice of violation is issued by personal delivery or first-class mail.

(3) Civil Penalties.

(a) Any person violating a provision of this chapter shall be subject to the penalties as outlined below.

(i) For a violation of distribution of information required (BMC 5.63.030), deposit requirements and installment payments (BMC 5.63.040), or notice requirement generally (BMC 5.63.050), a landlord shall be subject to the following penalties:

(A) For the first violation for each affected dwelling unit, $500.00; and

(B) For each affected dwelling unit for each subsequent violation within a three-year period, $1,000.

(ii) Unless otherwise stated in BMC 5.63.070(7), for a violation of just cause eviction (BMC 5.63.070) a landlord shall be subject to the following penalties:

(A) For each violation from the date the violation begins for the first 10 days of noncompliance, $250.00 per day, per dwelling unit;

(B) For each violation for each day beyond 10 days of noncompliance until compliance is achieved, $500.00 per day, per dwelling unit.

(b) The director may waive or reduce the penalty if the landlord comes into compliance within 10 days of the notice of violation or shows that its failure to comply was due to reasonable cause and not willful neglect. If the director finds a willful violation of this chapter, which resulted in a notice of violation outlined above, the director may issue a penalty that shall be $1,000.

(c) Any civil penalties paid by the landlord shall be kept by the city.

(4) Administrative Review by the Director.

(a) General. A person to whom a notice of violation or penalty is assessed may request an administrative review of the notice of violation or penalty.

(b) How to Request Administrative Review. A person may request an administrative review of the notice of violation or penalty by filing a written request with the director within 10 days from the date the notice of violation or penalty was issued. The request shall state, in writing, the reasons the director should review the notice of violation or penalty. Failure to state the basis for the review in writing shall be cause for dismissal of the review. Upon receipt of the request for administrative review, the director shall review the information provided. The city has the burden to prove a violation exists by a preponderance of the evidence.

(c) Decision of Director. After considering all of the information provided, the director shall determine whether a violation has occurred and shall affirm, vacate, suspend, or modify the notice of violation or penalty. The director’s decision shall be delivered, in writing, to the person to whom the notice of violation was issued by personal delivery or first-class mail.

(5) Appeals to the Hearing Examiner of Director’s Decision. Appeal of the director’s decision shall be made within 10 days from the date of the director’s decision by filing a written notice of appeal, clearly stating the grounds that the appeal is based upon, with the hearing examiner, which appeal shall be governed by Chapter 2.15 BMC. [Ord. 804 § 5, 2022; Ord. 716 § 1 (Exh. A), 2019. Formerly 5.63.080]

5.63.150 Date of applicability.

BMC 5.63.090 and 5.63.120, as they exist or as amended, apply to all residential tenant leases and agreements executed after the initial effective date of the provisions listed in this section. [Ord. 804* § 10, 2022]

* Code reviser’s note: Ordinance 804 adds this section as 5.63.130. It has been editorially renumbered to avoid duplication.

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