12.20 OPEN HOUSING*
Sections:
12.20.010 Statement of purpose - findings
12.20.013 Application of chapter.
12.20.014 Liberal construction of chapter.
12.20.015 Effect of chapter on right to actions or pursuit of remedies.
12.20.016 Effect of chapter on liability.
12.20.017 Effect of chapter on statutes of limitation.
12.20.020 Definitions.
12.20.030 Unfair housing practices - generally.
12.20.040 Unfair housing practices - designated.
12.20.050 Unfair housing practices - real estate related transactions.
12.20.060 Unfair housing practices - blockbusting and steering.
12.20.070 Filing of a complaint.
12.20.080 Investigation of complaint.
12.20.090 Conference, conciliation and persuasion – orders.
12.20.095 Notification of governmental agencies.
12.20.100 Hearing – appeal.
12.20.120 Enforcement by office of equity and racial and social justice.
12.20.122 Enforcement by private persons.
12.20.124 Civil enforcement when election is made for a civil action. 12.20.130 Exceptions.
12.20.133 Authorization to implement procedures.
12.20.150 Fair housing code compliance.
*For statutory provisions regarding the Law Against Discrimination, see chapter 49.60 RCW.
12.20.010 Statement of purpose - findings.
This chapter is an exercise of the police power of King County for the protection of the public welfare, health, peace and safety of the residents of King County and in fulfillment of the state Constitution. The King County council finds and declares that practices of housing discrimination against any persons on the basis of race, color, religion, national origin, ancestry, age, gender, marital status, parental status, participation in the Section 8 program or other housing subsidy program, alternative source of income, sexual orientation, gender identity or expression, disability or use of a service or assistive animal by an individual with a disability constitute matters of local concern and are contrary to the public welfare, health, peace and safety of the residents of King County. (Ord. 19026 § 10, 2019: Ord. 18708 § 2, 2018: Ord. 15399 § 35, 2006: Ord. 10469 § 1, 1992: Ord. 5280 § 1, 1981).
12.20.013 Application of chapter.
This chapter applies to actions occurring in and to property located in unincorporated King County. (Ord. 15399 § 36, 2006).
12.20.014 Liberal construction of chapter.
This chapter shall be liberally construed for accomplishment of its policies and purposes. This chapter shall not be construed to endorse any specific belief, practice, behavior or orientation. Nothing in this chapter relating to gender-based discrimination affects the ability of an employer to require an employee to adhere to reasonable workplace appearance, grooming and dress standards not precluded by other provisions of state or federal law, though an employer shall allow an employee to appear or dress consistently with the employee's gender identity. (Ord. 15399 § 37, 2006).
12.20.015 Effect of chapter on right to actions or pursuit of remedies.
Nothing in this chapter shall be deemed to deny any persons the right to institute any action or to pursue any other available civil or criminal remedy for the violation of the person's civil rights. (Ord. 15399 § 38, 2006).
12.20.016 Effect of chapter on liability.
Nothing in this chapter is intended to be nor shall be construed to create or form the basis for any liability on the part of King County, or its officers or agents, for any injury or damage resulting from or by reason of any act or omission in connection with the implementation or enforcement of this chapter on the part of King County by its officers, employees or agents. (Ord. 15399 § 39, 2006).
12.20.017 Effect of chapter on statutes of limitation.
Nothing in this chapter shall be construed to toll the statute of limitations for any claims under federal or state statute. (Ord. 15399 § 40, 2006).
12.20.020 Definitions.
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
A. "Aggrieved person" includes a person who:
1. Claims to have been injured by an unfair housing practice; or
2. Believes that the person will be injured by an unfair housing practice that is about to occur.
B. "Alternative source of income" means lawful, verifiable income derived from sources other than wages, salaries, or other compensation for employment. It includes but is not limited to moneys derived from Social Security benefits, other retirement programs, supplemental security income, unemployment benefits, child support, the state Aged, Blind or Disabled Cash Assistance Program, state Refugee Cash Assistance and any other federal, state, local government, private or nonprofit-administered cash benefit program.
C. "Charging party" means any person alleging an unfair housing practice under this chapter by filing a complaint with the office of equity and racial and social justice.
D.1. "Disability" means:
a. a physical or mental impairment that substantially limits one or more of a person's major life activities, either temporarily or permanently;
b. a person has a record of having such an impairment;
c. a person is regarded as having such an impairment; or
d. a person has any other condition that is a disability under the Washington state Law Against Discrimination, chapter 49.60 RCW, as it pertains to real estate and housing.
2. "Disability" does not include current, illegal use of a controlled substance, as defined in section 102 of 21 U.S.C. Sec. 802 as it exists on April 16, 2006.
E. "Discriminate" means any action or failure to act, whether by single act or as part of a practice, the effect of which is to adversely affect or differentiate between or among individuals or groups of individuals, because of race, color, religion, national origin, ancestry, age, gender, marital status, parental status, participation in the Section 8 program or other housing subsidy program, alternative source of income, sexual orientation, gender identity or expression, disability, or use of a service or assistive animal by an individual with a disability.
F. "Dwelling" or "dwelling unit" mean any building, structure or portion of a building or structure that is occupied as, or designed or intended for occupancy as, a residence by one or more families or individuals, and any vacant land that is offered for sale or lease for the construction or location thereon of any such a building, structure or portion of a building or structure.
G. "Gender identity or expression" means an individual's gender-related identity, appearance, or expression, whether or not associated with the individual's sex assigned at birth, and includes an individual's attitudes, preferences, beliefs and practices pertaining to the individual's own gender identity or expression.
H. "Housing accommodations" means any dwelling or dwelling unit, rooming unit, rooming house, lot or parcel of land in unincorporated King County that is used, intended to be used or arranged or designed to be used as, or improved with, a residential structure for one or more human beings.
I. "Marital status" means the presence or absence of a marital relationship and includes the status of married, separated, divorced, engaged, widowed, single or cohabiting.
J.1. "Parental status" means one or more individuals, who have not attained the age of eighteen years, being domiciled with:
a. a parent or another person having legal custody of the individual or individuals; or
b. the designee of such a parent or other person having the custody, with the written permission of the parent or other person.
2. The protections afforded against discrimination on the basis of familial status apply to a person who is pregnant or is in the process of securing legal custody of an individual who has not attained the age of eighteen years.
K. "Participation in the Section 8 program or other housing subsidy program" means participating in a short- or long-term federal, state or local government, private, nonprofit or other assistance program in which a tenant's rent is paid either partially or completely by the program, through a direct arrangement between the program and the owner or lessor of the real property. Other housing subsidy programs include, but are not limited to, the federal Veteran Affairs Supportive Housing vouchers, state Housing and Essential Needs funds and short-term rental assistance provided by rapid rehousing subsidies.
L. "Party" includes the person charging or making a complaint or upon whose behalf a complaint is made alleging an unfair practice, the person alleged or found to have committed an unfair practice and the office of equity and racial and social justice.
M. "Person" means one or more individuals, partnerships, associations, organizations, corporations, cooperatives, legal representatives, trustees and receivers or any group of persons; including any owner, lessee, proprietor, housing manager, agent or employee whether one or more natural persons. "Person" also includes any political or civil subdivisions of the state and any agency or instrumentality of the state or of any political or civil subdivision of the state.
N. "Real estate transaction" includes, but is not limited to, the sale, conveyance, exchange, purchase, rental, lease or sublease of real property.
O. "Real estate-related transaction" means any of the following:
1. The making or purchasing of loans or providing other financial assistance:
a. for purchasing, constructing, improving, repairing or maintaining real property; or
b. secured by real property; or
2. The selling, brokering or appraising of real property.
P. "Real property" includes, but is not limited to, buildings, structures, real estate, lands, tenements, leaseholds, interests in real estate cooperatives, condominiums, and hereditaments, corporeal and incorporeal, or any interest therein.
Q. "Respondent" means any person who is alleged or found to have committed an unfair practice prohibited by this chapter.
R. "Senior citizens" means persons who are sixty-two years of age or older.
S. "Service or assistive animal" means a dog guide, signal or hearing dog, seizure response dog, therapeutic companion animal or other animal that does work, performs tasks or provides medically necessary support for the benefit of an individual with a disability.
T. "Settlement discussions" and "conference, conciliation and persuasion" mean the attempted resolution of issues raised by a complaint, or by the investigation of a complaint, through informal negotiations involving the charging party, the respondent and the office of equity and racial and social justice.
U. "Sexual orientation" means an individual's attitudes, preferences, belief and practices pertaining to the individual's own sexual orientation including, but not limited to, actual or perceived heterosexuality, homosexuality and bisexuality.
[V. "Verifiable" means the source of income can be confirmed as to its amount or receipt.]** (Ord. 19541 § 23, 2022: Ord. 19047 § 37, 2019 [did not take effect]: Ord. 19026 § 11, 2019: Ord. 18708 § 3, 2018: Ord. 18670 § 12, 2018: Ord. 15399 § 41, 2006: Ord. 14199 § 148, 2001: Ord. 10469 § 2, 1992: Ord. 7816 § 1, 1986: Ord. 5732 § 1, 1981: Ord. 5280 § 2, 1981).
12.20.030 Unfair housing practices - generally.
It is unlawful for any person to engage in, or cause or allow another to engage in, any of the following acts described in Sections 12.20.040 through 12.20.060, which are designated as unfair housing practices prohibited by this chapter. (Ord. 5280 § 3 (part), 1981).
12.20.040 Unfair housing practices - designated.
A. It is a discriminatory practice and unlawful for any person, whether acting on the person's own behalf or for another, because of race, color, religion, national origin, ancestry, age, gender, marital status, parental status, participation in the Section 8 program or other housing subsidy program, alternative source of income, sexual orientation, gender identity or expression, disability or use of a service or assistive animal by an individual with a disability:
1. Except as otherwise provided in subsection A.12. of this section, to refuse to engage in a real estate transaction with a person or to otherwise make unavailable or deny a dwelling to any person;
2. To discriminate against a person in the terms, conditions or privileges of a real estate transaction, including financial terms and conditions such as the setting of rents or damage deposits, or in the furnishing of facilities or services in connection with any real estate transaction; however, rents and damage deposits may be adjusted to recognize the number of persons utilizing the property except insofar as such adjustment might discriminate based on race, color, religion, national origin, ancestry, age, gender, marital status, parental status, participation in the Section 8 program or other housing subsidy program, alternative source of income, sexual orientation, gender identity or expression, disability or use of a service or assistive animal by an individual with a disability;
3. To refuse to receive or to fail to transmit a bona fide offer to engage in a real estate transaction from a person;
4. To refuse to negotiate for a real estate transaction with a person;
5. To represent to a person that real property is not available for inspection, sale, rental or lease when in fact it is so available, to fail to bring a property listing to the person's attention or to refuse to permit the person to inspect real property;
6. To make, print, circulate, publish, post or mail or cause to be made, printed, circulated, published, posted or mailed a statement, notice, advertisement or sign, pertaining to a real estate transaction or a real estate related transaction that indicates, directly or indirectly, an intent to make a limitation, preference or discrimination with respect to the transaction;
7. To use a form of application or to make a record of inquiry regarding a real estate transaction or a real estate related transaction that indicates, directly or indirectly, an intent to make a limitation, preference or discrimination with respect to the transaction;
8. To offer, solicit, accept, use or retain a listing of real property with the understanding that a person might be discriminated against in a real estate transaction or in the furnishing of facilities or services in connection with the transaction;
9. To expel a person from occupancy of real property;
10. To discriminate against in the course of negotiating or executing a real estate transaction whether by mortgage, deed of trust, contract or other instrument imposing a lien or other security in real property or in negotiating or executing any item or service related thereto including issuance of title insurance, mortgage insurance, loan guarantee or other aspect of the transaction;
11. To deny any person access to or membership or participation in any multiple-listing service, real estate brokers' organization, or other service, organization, or facility relating to the business of selling or renting dwellings, or to discriminate against any person in the terms or conditions of such access, membership or participation; or
12.a. To refuse to lease or rent any real property to any person based on the person's reliance on the Section 8 program or other housing subsidy programs to make rental payments unless:
(1) the person's reliance on the Section 8 program or other housing subsidy programs is conditioned on the real property passing inspection;
(2) the written estimate of the cost of improvements necessary to pass inspection is more than one thousand five hundred dollars; and
(3) the landlord has not received moneys from the state's landlord mitigation program, as set forth in chapter 43.31 RCW, to make the improvements.
b. This subsection A.12. shall apply beginning September 30, 2018.
B. It is a discriminatory practice and unlawful for any person, whether acting on the person's own behalf or for another, to coerce, intimidate, threaten or interfere with any other person in the exercise or enjoyment of, on account of the other person having exercised or enjoyed, or on account of the other person having aided or encouraged any person in the exercise or enjoyment of, any right granted or protected by this chapter.
C. It is a discriminatory practice and unlawful for any person, whether acting on the person's own behalf or for another, to discriminate against in the sale or rental of, or to otherwise make unavailable or deny, a dwelling to any buyer or renter because of a disability of any one or more of:
1. That buyer or renter;
2. A person residing in or intending to reside in that dwelling after it is so sold, rented or made available; or
3. Any person associated with that buyer or renter.
D. It is a discriminatory practice and unlawful for any person, whether acting on the person's own behalf or for another, to discriminate against any person in the terms, conditions or privileges of sale or rental of a dwelling, or in the provision of services or facilities in connection with a dwelling, because of a disability of any one or more of:
1. That person;
2. A person residing in or intending to reside in that dwelling after it is so sold, rented or made available; or
3. Any person associated with that person.
E. For the purposes of this chapter, discriminatory practices based either on disability or use of a service or assistive animal by an individual with a disability are unlawful and include:
1. Refusal to permit, at the expense of an individual with a disability, reasonable modifications of existing premises occupied or to be occupied by the person if the modifications might be necessary to afford the person full enjoyment of the premises. However, for a rental, the landlord may, if it is reasonable to do so, condition permission for a modification on the renter agreeing to restore the interior of the premises to the condition that existed before the modification, reasonable wear and tear excepted;
2. Refusal to make reasonable accommodations in rules, policies, practices or services, if the accommodations might be necessary to afford an individual or individuals with disabilities equal opportunity to use and enjoy a dwelling; or
3. Failure to design, construct and alter dwellings in conformance with 42 U.S.C. 3604 as it exists on April 16, 2006, the Washington State Barrier Free Regulations (chapter 51-50 WAC, pursuant to chapters 19.27 and 70.92 RCW), other regulations adopted under 42 U.S.C. 3604 and chapters 19.27 and 70.92 RCW, and all other applicable laws pertaining to access to individuals with disabilities. If the requirements of applicable laws differ, the requirements that require greater accessibility to individuals with disabilities govern.
F. It is discriminatory practice and unlawful for any person, whether acting on the person's own behalf or for another, to retaliate by taking action against another person because the other person:
1. Opposed any practice forbidden by this chapter;
2. Complied or proposed to comply with this chapter or any order issued under this chapter; or
3. Filed a complaint, testified or assisted in any manner in any investigation, proceeding or hearing initiated under this chapter. (Ord. 19026 § 12, 2019: Ord. 18708 § 4, 2018: Ord. 18670 § 13, 2018: Ord. 16149 § 1, 2008: Ord. 15399 § 42, 2006: Ord. 10469 § 3, 1992: Ord. 5280 § 3.A, 1981).
12.20.050 Unfair housing practices ‑ real estate-related transactions. It is a discriminatory practice and unlawful for any person acting for monetary gain, whether acting on the person's own behalf or for another in connection with any real estate-related transaction, whose business includes engaging in real estate-related transactions to discriminate against any person in making available such a transaction, or in the terms or conditions of such a transaction, because of race, color, religion, national origin, ancestry, age, gender, marital status, parental status, participation in Section 8 program or other housing subsidy program, alternative source of income, sexual orientation, gender identity or expression, disability or use of a service or assistive animal by an individual with a disability. (Ord. 19026 § 13, 2019: Ord. 18708 § 5, 2018: Ord. 18670 § 14, 2018: Ord. 15399 § 43, 2006: Ord. 10469 § 4, 1992: Ord. 5280 § 3.B, 1981).
12.20.060 Unfair housing practices ‑ blockbusting and steering. It is a discriminatory practice and unlawful for any person acting for monetary gain, whether acting on the person's own behalf or others, directly or indirectly, to engage in the practices of blockbusting or steering, including the commission of any one or more of the following acts:
A. Inducing or attempting to induce any person to sell or rent any real property by representation regarding the entry or prospective entry into the neighborhood or area of a person or persons of a particular race, color, religion, national origin, ancestry, age, gender, marital status, participation in the Section 8 program or other housing subsidy program, alternative source of income, sexual orientation, gender identity or expression, parental status, disability or use of a service or assistive animal by an individual with a disability; or
B. Showing or otherwise taking any action, the intention or effect of which is to steer a person or persons to any section of the county or to particular real property in a manner tending to segregate or maintain segregation on the basis of race, color, religion, national origin, ancestry, age, gender, marital status, sexual orientation, gender identity or expression, parental status, participation in Section 8 program or other housing subsidy program, alternative source of income, disability or use of a service or assistive animal by a an individual with a disability. (Ord. 19026 § 14, 2019: Ord. 18708 § 6, 2018: Ord. 18670 § 15, 2018: Ord. 15399 § 44, 2006: Ord. 10469 § 5, 1992: Ord. 5280 § 3.C, 1981).
12.20.070 Filing of a complaint.
A. A complaint alleging an unfair housing practice may be filed by:
1. Any aggrieved person; or
2. Any state, local or federal agency concerned with discrimination in housing, including the office of equity and racial and social justice has reason to believe that an unfair housing practice has been or is being committed.
B. A complaint alleging an unfair housing practice shall be in writing and signed by the charging party. The complaint must be filed by the charging party with the office of equity and racial and social justice within three hundred sixty-five days after the occurrence or termination of the alleged unfair housing practice. The complaint must describe with particularity the practice complained of and the location of the practice and must identify the person being charged with committing an unfair housing practice. However, the office of equity and racial and social justice shall not reject a complaint as insufficient because of failure to include all required information, if the office of equity and racial and social justice determines that the complaint substantially meets the informational requirements necessary for processing.
C. Upon the receipt of a complaint alleging an unfair housing practice, the office of equity and racial and social justice shall serve notice upon the charging party acknowledging the filing and advising the charging party of the time limits provided under this chapter and of the choice of forums provided by this chapter.
D. The charging party or the office of equity and racial and social justice may amend a complaint: to cure technical defects or omissions; to clarify and amplify allegations made in the complaint; or to add allegations related to or arising out of the subject matter set forth, or attempted to be set for, in the original complaint. For jurisdictional purposes, the amendments relate back to the date the original complaint was first filed. Either the charging party or the office of equity and racial and social justice, or both, may amend a complaint for these reasons as a matter of right before service of notice of hearing on the matter, as provided under K.C.C. 12.20.100, and thereafter may amend a complaint only with permission of the hearing examiner, which permission shall be granted if justice will be served by the permission, and all parties shall be allowed time to prepare their case with respect to additional or expanded allegations they did not and could not have reasonably foreseen would be an issue at the hearing.
E. The charging party may also amend a complaint to include allegations of additional unrelated discriminatory practices that arose after the filing of the original complaint. The charging party must file any amendments adding the allegations within three hundred sixty-five days after the occurrence or termination of the additional discriminatory practices and before the issuance of findings of fact and a determination with respect to the original complaint by the office of equity and racial and social justice. The amendments may be made at any time during the investigation of the original complaint if the office of equity and racial and social justice will have adequate time to investigate the additional allegations and the parties will have adequate time to present the office of equity and racial and social justice with evidence concerning the allegations before the issuance of findings of fact and a determination. (Ord. 19541 § 24, 2022: Ord. 19047 § 38, 2019 [did not take effect]: Ord. 10469 § 6, 1992: Ord. 7816 § 2, 1986: Ord. 5732 § 2, 1981: Ord. 5280 § 4, 1981).
12.20.080 Investigation of complaint.
A. After the filing of a complaint, the office of equity and racial and social justice shall cause to be served on or mailed to the respondent, by certified mail, return receipt requested, a copy of the complaint, along with a notice advising of procedural rights and obligations of respondents under this chapter promptly and in no case longer than twenty days after the filing the complaint. Each respondent may file an answer to the complaint, not later than ten days after receipt of notice from the office of equity and racial and social justice. If the respondent is unable to file a response within ten days, the respondent may request an extension of time from the office of equity and racial and social justice, not to exceed five days. The office of equity and racial and social justice may grant the extension if good cause is shown.
B. The investigation shall be commenced promptly and in no event later than thirty days after receipt of the complaint. It shall be directed to ascertain the facts concerning the unfair practice alleged in the complaint and shall be conducted in an objective and impartial manner. The investigation shall be completed within one hundred days after the filing of the complaint, unless it is impracticable to do so. If the office of equity and racial and social justice is unable to complete the investigation within the one hundred days, the office equity and racial and social justice shall notify the charging party and respondent, in writing, of the reasons for not doing so. The office of equity and racial and social justice shall make final administrative disposition of a complaint within one year of the date of receipt of the complaint, unless it is impracticable to do so. If the office of equity and racial and social justice is unable to do so, the office of equity and racial and social justice shall notify the charging party and respondent, in writing, of the reasons for not doing so.
C. During the investigation, the office of equity and racial and social justice shall consider any statement of position or evidence with respect to the allegations of the complaint that the charging party or the respondent wishes to submit.
D. A person who is not named as a respondent in a complaint, but who is identified as a respondent in the course of investigation, may be joined as an additional or substitute respondent upon written notice, under subsection A. of this section, to the person from the office of equity and racial and social justice. The notice, in addition to meeting the requirements of subsection A. of this section, shall explain the basis for the belief of the office of equity and racial and social justice that the person to whom the notice is addressed is properly joined as a respondent.
E. During the period beginning with the filing of the complaint and ending with the issuance of the findings of fact, the office of equity and racial and social justice shall, to the extent feasible, engage in settlement discussions with respect to the complaint. Nothing said or done in the course of the settlement discussions may be made public or used as evidence in a subsequent proceeding under this chapter without the written consent of the persons concerned. A prefinding settlement agreement arising out of the settlement discussions shall be an agreement between the respondent and the charging party, and is subject to approval by the office of equity and racial and social justice. Each prefinding settlement agreement is a public record. Failure to comply with the prefinding settlement agreement may be enforced under K.C.C. 12.20.120.
F. The office of equity and racial and social justice shall seek the voluntary cooperation of all persons to: obtain access to premises, records, documents, individuals and other possible sources of information; examine, record and copy necessary materials; and take and record testimony or statements of persons reasonably necessary for the furtherance of the investigation. The office of equity and racial and social justice may conduct discovery in aid of the investigation by the following methods or others: deposition upon oral examination or written questions; written interrogatories; requests for the production of documents or evidence, for inspection and other purposes; physical and mental examinations; and requests for admissions. The office of equity and racial and social justice may sign and issue subpoenas requiring the attendance and testimony of witnesses, the production of evidence including books, records, correspondence, e-mail or documents in the possession or under the control of the person subpoenaed and access to evidence for the purpose of examination and copying as are necessary for the investigation. The office of equity and racial and social justice shall consult with the prosecuting attorney before issuing any subpoena under this section.
G. If an individual fails to obey a subpoena, or obeys a subpoena but refuses to testify when requested concerning any matter under investigation, the office of equity and racial and social justice may invoke the aid of the prosecuting attorney, who shall petition to the superior court for an order or other appropriate action necessary to secure enforcement of the subpoena. The petition shall:
1. Be accompanied by a copy of the subpoena and proof of service;
2. Set forth in what specific manner the subpoena has not been complied with; and
3. Ask for an order of the court to compel the witness to appear and testify or cooperate in the investigation of the unfair housing practice.
H. If the office of equity and racial and social justice concludes at any time after the filing of a complaint that prompt judicial action is necessary to carry out the purposes of this chapter, the office of equity and racial and social justice may invoke the aid of the prosecuting attorney, who shall file a civil action for appropriate temporary, injunctive or preliminary relief pending final disposition of the case.
I. The office of equity and racial and social justice shall reduce the results of the investigation to written findings of fact and make a finding that there either is or is not reasonable cause for believing that an unfair housing practice has been or is being committed.
J. If a finding is made that there is no reasonable cause, the finding shall be served on the charging party and respondent. Within thirty days after service of such a negative finding, the charging party may file a written request with the office of equity and racial and social justice asking for reconsideration of the finding. The office of equity and racial and social justice shall furnish the charging party with information regarding how to request reconsideration. The office of equity and racial and social justice shall respond in writing within a reasonable time by granting or denying the request. (Ord. 19541 § 25, 2022: Ord. 19047 § 39, 2019 [did not take effect]: Ord. 18670 § 16, 2018: Ord. 15399 § 46, 2006: Ord. 10469 § 7, 1992: Ord. 7816 § 3, 1986: Ord. 5280 § 5, 1981).
12.20.090 Conference, conciliation and persuasion – orders.
A.1. If the office of equity and racial and social justice makes the finding initially or on request for reconsideration that reasonable cause exists to believe that an unfair housing practice occurred or is about to occur, the office of equity and racial and social justice shall endeavor to eliminate the unfair practice by conference, conciliation and persuasion, which may include as a condition of settlement the:
a. elimination of the unfair housing practice;
b. payment of actual damages, including damages caused by emotional distress, humiliation and embarrassment;
c. reinstatement to tenancy;
d. payment of attorneys' fees and costs;
e. payment of a civil penalty to vindicate the public interest up to the limits in 42 U.S.C. Sec. 3612(g)(3) and 24 C.F.R. 180.671(2003), as they exist on April 16, 2006, which penalty shall be paid to King County for deposit in the county general fund;
f. participation in training on fair housing laws; and
g. such other requirements as may lawfully be agreed upon by the parties and the office of equity and racial and social justice.
2. Any postfinding settlement agreement shall be reduced to writing and signed by all parties, with the approval of the office of equity and racial and social justice. The office of equity and racial and social justice shall then enter an order setting forth the agreement and furnish copies of the order to all affected parties. Failure to comply with the postfinding agreement or order may be enforced under K.C.C. 12.20.120. Each postfinding settlement agreement is a public record.
B.1. If the parties cannot reach agreement, the office of equity and racial and social justice shall make a finding to that effect, incorporate the finding in an order, and furnish a copy of the order to all affected parties. The order shall also include:
a. a finding that an unfair housing practice is about to occur or has occurred;
b. the basis for the finding; and
c. an order requiring the respondent to cease and desist from such unfair practice and to take appropriate affirmative action, including:
(1) payment of actual damages, including damages caused by emotional distress, humiliation and embarrassment;
(2) reinstatement to tenancy;
(3) payment of attorneys' fees and costs;
(4) participation in training on fair housing laws; and
(5) such other action as in the judgment of the office of equity and racial and social justice will effectuate the purposes of this chapter, which may include the requirement for report on the matter of compliance, injunctive relief and the payment of a civil penalty to vindicate the public interest up to the limits set out in 42 U.S.C. Sec. 3612(g)(3) as it exists on April 16, 2006. (Ord. 19541 § 26, 2022: Ord. 19047 § 40, 2019 [did not take effect]: Ord. 15399 § 47, 2006: Ord. 10469 § 8, 1992: Ord. 5280 § 6, 1981).
12.20.095 Notification of governmental agencies.
In the case of an order with respect to a discriminatory housing practice that occurred in the course of a business subject to a licensing or regulation by a governmental agency, the office of equity and racial and social justice shall, not later than thirty days after the date of the issuance of the order or, if the order is appealed pursuant to K.C.C. 12.20.100, thirty days after the order is in substance affirmed upon the review:
A. Send copies of the findings of fact, conclusions of law and the order, to that governmental agency; and
B. Recommend to that governmental agency appropriate disciplinary action including, if appropriate, the suspension or revocation of the license of the respondent. (Ord. 19541 § 27, 2022: Ord. 19047 § 41, 2019 [did not take effect]: Ord. 15399 § 48, 2006: Ord. 10469 § 11, 1992).
12.20.100 Hearing – appeal.
A.1. Any charging party, respondent or aggrieved person on whose behalf the finding was made, after an order of the office of equity and racial and social justice is made in accordance with K.C.C. 12.20.090.B., may appeal the order by electing to have the claims on which reasonable cause was found decided in a civil action under K.C.C. 12.20.124 or in a hearing before the hearing examiner. The office of equity and racial and social justice shall provide the charging party, respondent and aggrieved person on whose behalf the finding was made with information regarding how to make the election. This election must be made not later than thirty days after the receipt by the electing person of service of the order. The person making the election shall give notice of the election stating which forum is elected to the office of equity and racial and social justice and to all other charging parties and respondents to whom the complaint relates. The notice of election should identify clearly and specifically:
a. the errors that the appellant believes were made in the action or decision that is being appealed, or the procedural irregularities associated with that action or decision;
b. specific reasons by the county's action should be reversed or modified; and
c. the desired outcome of the appeal.
2. Any order issued by the office of equity and racial and social justice under K.C.C. 12.20.090.B. becomes final thirty days after service of the order unless a written notice of election is filed with the office of equity and racial and social justice within the thirty-day period. If the order becomes final, parties violating the order are subject to the enforcement provisions of K.C.C. 12.20.120.
B. If no election of civil action is made, and an election for hearing is made, the complaint, any and all findings made and either affirmative action measures or civil penalties, or both, required shall be certified by the office of equity and racial and social justice to the office of the hearing examiner for hearing.
C. A hearing shall be conducted by the office of the hearing examiner for the purpose of affirming, denying or modifying the order. There shall be a verbatim record kept of the hearing. The hearing examiner shall have such rule-making and other powers necessary for conduct of the hearing as are specified by K.C.C. chapter 20.22. The office of equity and racial and social justice shall maintain the action and the order of the office of equity and racial and social justice shall not be presumed correct. The hearing examiner's decision shall be based upon a preponderance of the evidence. The hearing shall be conducted within a reasonable time after receipt of the certification. Written notice of the time and place of the hearing shall be given at least ten days before the date of the hearing to each affected party and to the office of equity and racial and social justice.
D. Each party may, among exercising other rights:
1. Call and examine witnesses on any matter relevant to the issues of the complaint;
2. Introduce documentary and physical evidence;
3. Cross-examine opposing witnesses on any matter relevant to the issues of the complaint;
4. Impeach any witness regardless of which party first called the witness to testify;
5. Rebut evidence against the party; and
6. Self-represent or be represented by anyone of the party's choice who is lawfully permitted to do so.
E. Following review of the evidence submitted, the hearing examiner presiding at the hearing shall enter written findings and conclusions and shall affirm or modify the order previously issued if the hearing examiner finds that a violation is about to occur or occurred. The hearing examiner shall reverse the order if the hearing examiner finds that a violation is not about to occur or did not occur. The hearing examiner may grant as relief any relief that the office of equity and racial and social justice could grant under K.C.C. 12.20.090.B. A copy of the hearing examiner's findings, conclusions and decision shall be served on all affected parties. The order of the hearing examiner is final unless reviewed by a court under K.C.C. 20.22.270.B. (Ord. 19541 § 28, 2022: Ord. 19047 § 42, 2019 [did not take effect]: Ord. 18670 § 17, 2018: Ord. 18230 § 97, 2016: Ord. 15399 § 49, 2006: Ord. 10469 § 9, 1992: Ord. 5280 § 7, 1981).
12.20.120 Enforcement by office of equity and racial and social justice.
A. If the office of equity and racial and social justice has reasonable cause to believe that a respondent breached a prefinding or postfinding settlement agreement executed under K.C.C. 12.20.080 or 12.20.090 or violated an order of the office of equity and racial and social justice issued under K.C.C. 12.20.090 or an order of the hearing examiner issued under K.C.C. 12.20.100, the office of equity and racial and social justice shall refer the matter to the prosecuting attorney for the filing of a civil action under subsection B. of this section for the enforcement of the agreement.
B. The prosecuting attorney may commence a civil action in superior court for appropriate relief with respect to breach of a prefinding or postfinding settlement agreement executed under K.C.C. 12.20.080 or 12.20.090, or violation of an order of the office of equity and racial and social justice issued under K.C.C. 12.20.090 or an order of the hearing examiner issued under K.C.C. 12.20.100. This action may be commenced no later than ninety days after the referral of the alleged breach under subsection A. of this section. (Ord. 19541 § 29, 2022: Ord. 19047 § 43, 2019 [did not take effect]: Ord. 15399 § 50, 2006: Ord. 10469 § 12, 1992: Ord. 5280 § 9, 1981).
12.20.122 Enforcement by private persons.
A. An aggrieved person may commence a civil action in superior court not later than one year after the occurrence or the termination of an alleged discriminatory housing practice, whichever occurs last, to obtain appropriate relief with respect to such discriminatory housing practice.
B. The computation of the one-year period shall not include any time during which an administrative proceeding under this chapter was pending with respect to a complaint or charge under this chapter based upon the discriminatory housing practices.
C. An aggrieved person may commence a civil action under this section whether or not a complaint has been filed under K.C.C. 12.20.070 and without regard to the status of any such complaint. However, if the office of equity and racial and social justice or the United States Department of Housing and Urban Development has obtained a prefinding or postfinding settlement or conciliation agreement with the consent of an aggrieved person, an action may not be filed under this section by the aggrieved person with respect to the alleged discriminatory housing practice that forms the basis for the complaint except for the purpose of enforcing the agreement. To preclude such a filing, the prefinding or postfinding settlement or conciliation agreement must include language that the charging party knowingly waives any right to file a civil action based on the same alleged unfair housing practice.
D. Subject to subsection E. of this section, after the filing of a civil action involving the same claim or arising from the same facts and circumstances, whether under this chapter or similar law, the office of equity and racial and social justice may administratively close a complaint of an unfair housing practice.
E. If a court dismisses a private cause of action without reaching the merits and on grounds that would not preclude pursuit of a complaint under this chapter, the charging party may request, within ninety days of the entry of the court's order of dismissal, that the office of equity and racial and social justice reopen a previously filed case. Upon such a request, the office of equity and racial and social justicemay reopen a case that was administratively closed upon the filing of a civil action. If the office of equity and racial and social justice closes a case based on a "no reasonable cause" finding, the case shall not be reopened except as provided through reconsideration under K.C.C. 12.20.080. A charging party or aggrieved person may not secure relief from more than one governmental agency, instrumentality or tribunal for the same harm or injury.
F. An aggrieved person may not commence a civil action under this section with respect to an alleged discriminatory housing practice that forms the basis of a complaint if a hearing on the complaint has been convened by the office of the hearing examiner.
G. In a civil action under subsection A., of this section, if the court finds that a discriminatory practice occurred or is about to occur, the court may order remedies as allowed by 42 U.S.C. 3613 (c) as it exists on April 16, 2006, including punitive damages as provided in 42 U.S.C. 3613(c), and, subject to the restrictions of subsection H. of this section, may grant as relief, as the court deems appropriate, any permanent or temporary injunction, temporary restraining order or other order, including an order enjoining the defendant from engaging in the practice or ordering such affirmative action as might be appropriate. The court may also allow reasonable attorneys' fees and costs to the prevailing party.
H. Relief granted under this section shall not affect any contract, sale, encumbrance or lease consummated before the granting of the relief and involving a bona fide purchaser, encumbrances or tenant, without actual notice of the filing of a complaint with the office of equity and racial and social justice or civil action under this chapter.
I. Upon timely application, the prosecuting attorney may intervene in the civil action if the prosecuting attorney determines that the case is of general public importance.
J. This section is intended to provide private judicial remedies for violations of this chapter that are as expansive as the powers granted by the Constitution of laws of the state of Washington. (Ord. 19541 § 30, 2022: Ord. 19047 § 44, 2019 [did not take effect]: Ord. 15399 § 51, 2006: Ord. 10469 § 13, 1992).
12.20.124 Civil enforcement when election is made for a civil action.
A. If an election is made under K.C.C. 12.20.100 for the claims to be decided in a civil action, the office of equity and racial and social justice shall authorize and, not later than thirty days after the election is made, shall commence, on behalf of the charging party, a civil action in superior court to affirm or modify the order of the office of equity and racial and social justice issued under K.C.C. 12.20.090.
B. Any aggrieved person with respect to the issues to be determined in a civil action under this section may intervene as of right in that civil action.
C. In a civil action under this section, if the court finds that a discriminatory housing practice has occurred, or is about to occur, the court may grant as relief any relief which a court could grant with respect to such discriminatory housing practice in a civil action under K.C.C. 12.20.122. Any relief so granted that would accrue to an aggrieved person in a civil action commenced by that aggrieved person under K.C.C. 12.20.122 also accrues to that aggrieved person in a civil action under this section. If monetary relief is sought for the benefit of an aggrieved person who does not intervene in that civil action, the court shall not award the monetary relief if that aggrieved person has not complied with discovery orders entered by the court. (Ord. 19541 § 31, 2022: Ord. 19047 § 45, 2019 [did not take effect]: Ord. 15399 § 52, 2006: Ord. 10469 § 14, 1992).
12.20.130 Exceptions.
A. Nothing in this chapter:
1. Prohibits treating any person or persons meeting the definition of parental status or any individual with a disability or individuals with disabilities more favorably than others if the favorable treatment does not discriminate against persons on the basis of race, color, religion, national origin, ancestry, age, gender, marital status, parental status, participation in the Section 8 program or other housing subsidy program, alternative source of income, sexual orientation, gender identity or expression, disability or use of a service or assistive animal by an individual with a disability;
2. Prohibits a religious organization, association or society, or any nonprofit institution or organization operated, supervised or controlled by or in conjunction with a religious organization, association or society, from limiting the sale, rental or occupancy of dwellings that it owns or operates for other than a commercial purpose, to persons of the same religion, or from giving preference to persons of the same religion, but only if:
a. membership in the religion is not restricted on account of race, color, ancestry or national origin; and
b. the limitation or preference is reasonably in the furtherance of a religious purpose or activity;
3. Prohibits any person from limiting the rental or occupancy of housing accommodations in any collegiate Greek system residence, school dormitory or similar residential facility to persons of one gender if considerations of personal privacy exist;
4. Prohibits any person from limiting, on the basis of age or parental status, the sale, rental or occupancy of housing accommodations that fully qualify as housing for older persons age fifty-five and over under 42 U.S.C. Sec. 3607 as it exists on April 16, 2006;
5. Prohibits any person from limiting the sale, rental or occupancy of housing accommodations to:
a. individuals with disabilities in any housing facility operated for individuals with disabilities;
b. senior citizens in any housing facility operated exclusively for senior citizens; or
c. elderly persons in any housing provided under any state or federal program that meets the requirements of 42 U.S.C. Sec. 3607(b)(2)(A) as it exists on April 16, 2006;
6. Requires any person to rent or lease a housing accommodation to a minor;
7. Requires or permit any sale, rental or occupancy otherwise prohibited by law;
8. May be interpreted to prohibit any person from making a choice among prospective purchasers or tenants of real property on the basis of factors other than race, color, religion, ancestry, national origin, age, gender, marital status, parental status, sexual orientation, gender identity or expression, participation in the Section 8 program or other housing subsidy program, alternative source of income, disability or use of a service or assistive animal by an individual with a disability; or
9. Prohibits any person from placing limitations on the maximum number of tenants permitted per unit on account of reasonable space limitations or requirements of law.
B. Nothing in this chapter, except K.C.C. 12.20.040.A.6., 12.20.040.A.7., 12.20.040.A.8., 12.20.040.B. and 12.20.050, applies to the renting, subrenting, leasing or subleasing of a single-family or duplex dwelling unit in which the owner normally maintains a permanent residence, home or abode.
C. Nothing in this chapter prohibits any party to a real estate transaction or real estate-related transaction from considering the capacity to pay and credit history of any individual applicant.
D. Nothing in this chapter prohibits any party to a real estate transaction or real estate related transaction from considering or taking reasonable action based on the application of community property law to an individual case. (Ord. 19026 § 15, 2019: Ord. 18708 § 7, 2018: Ord. 18670 § 18, 2018: Ord. 16149 § 2, 2008: Ord. 15399 § 53, 2006: Ord. 10469 § 15, 1992: Ord. 10153 § 5, 1991: Ord. 5732 § 3, 1981: Ord. 5280 § 10, 1981).
12.20.133 Authorization to implement procedures.
The office of equity and racial and social justice may implement such forms, administrative processes and operational procedures as are necessary to comply with this chapter. The forms, processes and procedures shall be adopted in compliance with K.C.C. chapter 2.98. (Ord. 19541 § 32, 2022: Ord. 19047 § 46, 2019 [did not take effect]: Ord. 15399 § 54, 2006: Ord. 10469 § 16, 1992).
12.20.150 Fair housing code compliance.
A. If a complaint has been filed under this chapter, the office of equity and racial and social justice shall initiate an investigation under this chapter.
B. If the office of equity and racial and social justice determines that a violation of this chapter or any rules and regulations adopted under this chapter is about to occur or has occurred the office of equity and racial and social justice shall issue an order in accordance with this chapter. For enforcement of this chapter, if a conflict exists between this chapter and K.C.C. Title 23, this chapter controls over K.C.C. Title 23. (Ord. 19541 § 33, 2022: Ord. 19047 § 47, 2019 [did not take effect]: Ord. 15399 § 58, 2006: Ord. 14199 § 149, 2001: Ord. 13263 § 53, 1998).
12.25 TENANT PROTECTIONS
Sections:
12.25.010 Definitions.
12.25.020 Prohibitions for landlords.
12.25.030 Just causes for landlord's eviction, refusing to continue tenancy or termination of tenancy waiver of rights void - serving of termination notice - notice for eviction, refusing to continue tenancy or termination of tenancy - carrying out reason or condition necessary for landlord to remove or cause to remove tenant - landlord's rights to unlawful detainer action pursuit by landlord not affected or limited.
12.25.040 Application of K.C.C. 12.25.050 through 12.25.140 to tenancies governed by chapter 59.20 RCW and in addition to RCW 59.20.080.
12.25.050 Move in fees and security deposits - limits - exceptions - payments by tenants.
12.25.060 Late fees - limits.
12.25.070 Rent increases - notice.
12.25.080 Unfair or abusive acts by landlords prohibited.
12.25.090 Acceptance of rent waives certain landlord rights - exceptions.
12.25.100 Increase in rent prohibited when unit has defective conditions - notice by tenant.
12.25.110 Late fees - specification of dates - notice - accommodation request not excuse for refusal to enter rental agreement.
12.25.120 Violation of chapter by landlord - liability.
12.25.130 Notice to pay rent or vacate - form.
12.25.140 Requirement of social security number by landlord not required but may be requested - tenant not agreeing to provide social security number not allowed for landlord's refusal - allowed information for screening - allowed landlord actions - liability of landlord for violation.
12.25.010 Definitions.
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. The definitions in RCW 59.18.030 also apply to this chapter unless otherwise defined in this section.
A. "Dwelling" or "dwelling unit" has the same meaning as "dwelling unit" in RCW 59.18.030, in addition to any vacant land that is offered for sale or lease for mobile and manufactured homes.
B. "Landlord" has the same meaning as "landlord" in RCW 59.18.030.
C. "Occupancy" means the formal designation of the primary purpose of the building structure or portion thereof.
D. "Owner" has the same meaning as "owner" in RCW 59.18.030.
E. "Tenant" has the same meaning as "tenant" in RCW 59.18.030 or 59.20.030, depending on the context, and excludes living arrangements identified in RCW 59.18.040. (Ord. 19311 § 3, 2021).
12.25.020 Prohibitions for landlords.
A. Except as otherwise specifically required or allowed by K.C.C. Title 12 or by the Washington state Residential Landlord-Tenant Act of 1973, chapter 59.18 RCW, it is unlawful for any landlord to:
1. Remove or exclude from the premises a tenant except under a court order authorizing the removal or exclusion; or
2. Evict, reduce services, increase the obligations of a tenant or otherwise impose, threaten or attempt any punitive measure against a tenant for the reason that the tenant has in good faith asserted, exercised or attempted to exercise any legal rights granted tenants by law and arising out of the tenant's occupancy of the dwelling unit. (Ord. 19311 § 4, 2021).
12.25.030 Just causes for landlord's eviction, refusing to continue tenancy or termination of tenancy - waiver of rights void - serving of termination notice - notice for eviction, refusing to continue tenancy or termination of tenancy - carrying out reason or condition necessary for landlord to remove or cause to remove tenant - landlord's rights to unlawful detainer action pursuit by landlord not affected or limited.
A. In addition to the just causes allowed under state law, a landlord shall not evict a tenant, refuse to continue a tenancy or terminate a tenancy except for the just causes enumerated and otherwise provided under this section:
1. The tenant continues in possession after the tenant fails to comply with:
a. a notice to pay rent or vacate in accordance with RCW 59.12.030(3);
b. a notice to comply or vacate in accordance with RCW 59.12.030(4); or
c. a notice to vacate for waste, nuisance, including a drug-related activity nuisance in accordance with chapter 7.43 RCW, or maintenance of an unlawful business or conduct in accordance with RCW 59.12.030(5);
2. The tenant fails to comply with a ten-day notice to comply or vacate requiring compliance with a material term of the rental agreement or that requires compliance with a material obligation under chapter 59.18 RCW;
3. The tenant continues in possession after the landlord seeks possession so that the owner or a member of the owner's 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 landlord has given the tenant at least ninety days' advance written notice of the date the tenant's possession is to end. For the purposes of this subsection A.3., "immediate family" includes the owner's domestic partner registered under chapter 26.60 RCW or the owner's spouse, parents, grandparents, children, brothers and sisters of the owner, of the owner's spouse or of the owner's domestic partner. There is a rebuttable presumption of a violation of this subsection A.3. 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 sixty consecutive days during the ninety days immediately after the tenant vacated the unit in accordance with a notice of termination or eviction using this subsection A.3. as the cause for eviction;
4. The tenant continues in possession after the owner elects to sell a single-family dwelling unit and gives the tenant at least ninety days' written notice before 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. For the purposes of this subsection A.4., an owner "elects to sell" when the owner, at a minimum, lists the dwelling for sale at fair market value, such as with a realty agency or advertising in a newspaper of general circulation. There shall be a rebuttable presumption that the owner did not intend to sell the unit if:
a. within thirty days after the tenant has vacated, the owner does not list the single-family dwelling for sale at fair market value, or
b. within ninety 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 sales market, rents the unit to someone other than the former tenant or otherwise indicates that the owner does not intend to sell the unit;
5. The tenant continues in possession after the landlord seeks to do substantial rehabilitation in the building, but only if the owner or designee submitted a complete application for at least one permit required under K.C.C. Title 16 for the rehabilitation. The landlord shall serve the tenant with advance written notice in accordance with RCW 59.18.200(2)(c). Substantial rehabilitation has the same meaning as "substantially rehabilitate" in RCW 59.18.200(2)(c);
6. The tenant continues in possession after the landlord:
a. elects to demolish the building, convert it to a cooperative or convert it to a nonresidential use, though the owner or designee must obtain a permit necessary to demolish before terminating any tenancy. The landlord shall serve the tenant with advance written notice in accordance with RCW 59.18.200(2)(c); or
b. elects to withdraw the premises to pursue a conversion in accordance with RCW 64.34.440 or RCW 64.90.655. The landlord shall serve the tenant with advance written notice in accordance with RCW 64.34.440 and RCW 64.90.655;
7.a. The tenant continues in possession after the landlord seeks to reduce the number of occupants who reside in one dwelling unit to comply with the legal limit, and:
(1) the landlord has served the tenants with a thirty-day written notice, informing the tenants that the number of occupants exceeds the legal limit and must be reduced to the legal limit; however, a thirty-day notice is not required if the number of occupants was increased above the legal limit without the knowledge or consent of the landlord;
(2) after expiration of the thirty-day notice required by subsection A.7.a.(1) of this section, or any time after receipt of the notice and order if a thirty-day notice is not required in accordance with subsection A.7.a.(1) of this section, the landlord has served the tenants and the tenants have failed to comply with a ten-day notice to comply with the maximum legal limit on the number of occupants or vacate; and
(3) if there is more than one rental agreement for the unit, the landlord may choose which agreements to terminate; however, the landlord may terminate no more than the minimum number of rental agreements necessary to comply with the legal limit on the number of occupants.
b. For any violation of the maximum legal limit on the number of individuals allowed to reside in a dwelling unit that occurred with the knowledge or consent of the landlord, upon creation of a relocation assistance program, the landlord is required to pay relocation assistance to the tenant or tenants of each such a unit as the program dictates;
8. The tenant continues in possession after the landlord seeks to discontinue residential use of an accessory dwelling unit;
9. The tenant continues in possession after a landlord or owner receives a notice and order issued under K.C.C. Title 16 or 23 and violations identified in the notice and order have not been corrected, but only if the notice and order restricts the tenant's ability to reside in the dwelling unit. The landlord shall be required to make a showing of medical or financial hardship to the tenant that the landlord could not correct the violations identified in the notice order. However, the tenant may elect to repair and stay in the dwelling unit as set forth in RCW 59.18.100;
10.a. The tenant continues in possession after the owner intends to discontinue leasing to a tenant of the owner's own dwelling unit in which the owner resides;
b. The owner intends to evict a tenant, to refuse to continue a tenancy, or to terminate the tenancy of an accessory dwelling unit accessory to the dwelling unit in which the owner resides; or
c. The owner seeks to evict a tenant, refuse to continue a tenancy, or terminate the tenancy in a single-family dwelling unit and the owner resides in an accessory dwelling unit on the same lot;
11.a. The tenant continues in possession after the 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. For purposes of this subsection A.11., a person has "engaged in criminal activity" if the person:
(1) engages in a drug-related activity that would constitute a violation of chapters 69.41, 69.50 or 69.52 RCW;
(2) 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 any person. An activity substantially affects the health or safety of other tenants or the landlord if:
(a) the activity is imminently hazardous to the physical safety of any person;
(b) the activity entails physical assaults upon another person that result in an arrest; or
(c) the activity entails the unlawful use of a firearm or other deadly weapon, as defined in RCW 9A.04.110, that results in an arrest, including threatening another tenant or the landlord with a firearm or other deadly weapon under RCW 59.18.352; or
(3) The activity renders people in at least two or more dwelling units or residences insecure in life or the use of property or that injures or endangers the safety or health of people in at least two or more dwelling units or residences.
b. In determining whether a tenant's activity substantially effects the health or safety of other tenants or the landlord, a court may consider the totality of the circumstances, including factors such as whether there have been a significant number of complaints to the landlord about the tenant's activities at the property, damage done by the tenant to the property, including the property of other tenants or neighbors, harassment or threats made by the tenant to other tenants or neighbors that have been reported to law enforcement agencies, any police incident reports involving the tenant, and the tenant's criminal history.
c. Nothing in this subsection A.11. shall authorize the termination of tenancy or eviction of the victim of a physical assault or the victim of the use or threatened use of a firearm or other deadly weapon; or
12. The tenant continues in possession after the tenant, or with the consent of the tenant, the tenant's subtenant, sublessee, resident or guest:
i. Knowingly allows to reside in the dwelling unit, without receiving written consent from a landlord before moving into the dwelling unit, an animal that has been declared vicious by the manager of the regional animal services section in accordance with K.C.C. Title 11; or
ii. Knowingly continues to maintain in the dwelling unit an animal that is declared vicious by the manager of the regional animal services section in accordance with K.C.C. Title 11 during the terms of the rental agreement.
B. Any rental agreement provision that waives or purports to waive any right created by this chapter shall be deemed void and of no lawful force or effect. No rental agreement may provide that the tenant agrees to waive or to forgo rights or remedies under Ordinance 19311. A provision prohibited in Ordinance 19311 included in a rental agreement is unenforceable. If a landlord knowingly uses a rental agreement containing provisions known by the landlord to be prohibited, the tenant may recover actual damages sustained by the tenant, and exemplary damages not to exceed two times the monthly rent charged for the unit, and reasonable litigation costs and attorneys' fees.
C. Whenever a termination notice is required by law, a landlord refusing to continue a tenancy or seeking to terminate a tenancy protected by this chapter shall serve the notice in a manner consistent with RCW 59.12.040 and identify the facts and circumstances known and available to the landlord at the time of the issuance of the notice that support the cause or causes with enough specificity so as to enable the tenant to respond and prepare a defense to any incidents alleged. The landlord may present additional facts and circumstances regarding the noticed allegations if such evidence was unknown or unavailable at the time of the issuance of the notice.
D. Landlords shall provide at least thirty days' written notice when evicting a tenant, refusing to continue a tenancy or terminating a tenancy for a just cause enumerated in subsection A. of this section, unless a longer noticing period is required by state law or the rental agreement.
E. It shall be a violation of this chapter for any landlord to remove or cause to remove a tenant from a dwelling unit using a notice that references subsection A.3., 4., 5. or 6. 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 a tenancy within sixty days after the tenant has vacated, unless another time frame is specified in subsection A.3., 4., 5. or 6. of this section.
F. Nothing in this chapter is intended to affect or limit a landlord's rights to pursue an action for unlawful detainer as defined by RCW 59.12.030, except as specifically set forth in this chapter. (Ord. 19311 § 5, 2021).
12.25.040 Application of K.C.C. 12.25.050 through 12.25.140 to tenancies governed by chapter 59.20 RCW and in addition to RCW 59.20.080. K.C.C. 12.25.050 through 12.25.140 apply to tenancies governed by chapter 59.20 RCW and are in addition to the provisions provided to those tenancies in RCW 59.20.080. (Ord. 19311 § 6, 2021).
12.25.050 Move in fees and security deposits - limits - exceptions - payments by tenants.
A. All move in fees and security deposits charged by a landlord before a tenant takes possession of a dwelling unit shall not exceed one month's rent, except in subsidized tenancies where the amount of rent is set based on the income of the tenant. The exception for subsidized housing shall not include tenancies regulated under Section 8 of the Housing Act of 1937, 42 U.S.C. Sec. 1437f, commonly known as the choice voucher program.
B. Tenants entering rental agreements with terms lasting six or more months may elect to pay their move in fees and security deposits in six equal monthly installments over the first six months occupying the unit.
C. Tenants entering rental agreements with terms lasting fewer than six months or month-to-month rental agreements, may choose to pay move in fees and security deposits in two equal monthly installments over the first two months occupying the unit. (Ord. 19311 § 7, 2021).
12.25.060 Late fees - limits.
Late fees or costs due to nonpayment of rent charged to a tenant shall not exceed one and one-half percent of the tenant's monthly rent. (Ord. 19311 § 8, 2021).
12.25.070 Rent increases - notice.
Any rental agreement or renewal of a rental agreement shall include, or shall be deemed to include, a provision requiring not less than one hundred twenty days' notice for rent increases greater than three percent. 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 thirty days' prior written notice of an increase in the amount of rent to each affected tenant. (Ord. 19311 § 9, 2021).
12.25.080 Unfair or abusive acts by landlords prohibited.
A. Landlords are prohibited from unfair or abusive acts or practices or deceptive acts or practices as defined in this section.
B. For the purposes of this section:
1. "Deceptive acts or practices" means representations, omissions, acts or practices that mislead or are likely to mislead a tenant; the tenant's interpretation of the representation, omission, act or practice is reasonable under the circumstances; and the representation, omission, act or practice is material. "Deceptive acts or practices" includes threatening to evict a tenant for nonpayment of charges except as authorized by K.C.C. 12.25.030.
2. "Unfair or abusive acts or practices" means those representations, omissions, acts or practices that:
a. Materially interfere with the ability of any tenant to understand a term or condition of the rental agreement or the tenancy; or
b. Take unreasonable advantage of a lack of understanding on the part of the tenant regarding the conditions of the tenancy or rights under the law or the inability of the tenant to protect the tenant's interests. (Ord. 19311 § 10, 2021).
12.25.090 Acceptance of rent waives certain landlord rights - exceptions.
Except as otherwise provide[d] in Section 2(2)(n)(i), Chapter 212, Laws of Washington 2021, a landlord's acceptance of rent waives the right to declare forfeiture or evict based solely on any prior breach or breaches of the rental agreement. This section does not waive any landlord's remedy for nonpayment of rent if additional rent is outstanding. (Ord. 19311 § 11, 2021).
12.25.100 Acceptance of rent waives certain landlord rights - exceptions.
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 or is in violation of RCW 59.18.060. If the tenant believes the dwelling unit has defective conditions making the unit uninhabitable or is in violation of RCW 59.18.060, the tenant shall notify the landlord in writing in accordance with RCW 59.18.070 specifying the premises involved, the name of the owner, if known, and the nature of the defective condition before the effective date listed in the notice of housing costs increase the tenant received from the landlord. (Ord. 19311 § 12, 2021).
12.25.110 Late fees - specification of dates - notice - accommodation request not excuse for refusal to enter rental agreement.
Rental agreements shall include a provision stating that when late fees may be assessed after rent becomes due, the tenant may propose that the due date be altered to a different date of the month. Additionally, the provision shall specify that, according to RCW 59.18.170(3), a landlord shall agree to such a proposal if it is submitted in writing and the tenant can demonstrate that his or her primary source of income is a regular, monthly source of governmental assistance that is not received until after the date rent is due in the rental agreement. A landlord shall not refuse to enter into a rental agreement with a prospective tenant because the prospective tenant requests such accommodations. (Ord. 19311 § 13, 2021).
12.25.120 Violation of chapter by landlord - liability.
A landlord found in violation of any of the provisions in this chapter, unless otherwise provided in this chapter, shall be liable to such a tenant in a private right of action for the greater of double the tenant's economic and noneconomic damages or three times the monthly rent of the dwelling unit at issue, and reasonable litigation costs and attorneys' fees. (Ord. 19311 § 14, 2021).
12.25.130 Notice to pay rent or vacate - form.
A landlord serving a notice to the tenant to pay rent or vacate under RCW 59.12.030(3) must include on the notice substantially in the form of the following statement in sixteen-point, bolded font: "Pursuant to RCW 58.12.030(3), you have fourteen days to pay the rent required by this notice. After fourteen days, the landlord is required by RCW 59.18.410(2) to allow you to pay the rent up to five court days after a judgement in an eviction proceeding, but you may be subject to a late fee, if a late fee is required in the rental agreement and any court costs incurred at the time of payment. Attorneys' fees may also be requested by the landlord and may be awarded to the landlord by a judge." (Ord. 19311 § 15, 2021).
12.25.140 Requirement of social security number by landlord not required but may be requested - tenant not agreeing to provide social security number not allowed for landlord's refusal - allowed information for screening - allowed landlord actions - liability of landlord for violation.
A. A landlord shall not require a social security number for the purposes of screening a prospective tenant, as allowed under RCW 59.18.257. A landlord may request a social security number and screen prospective tenants. A landlord shall not refuse to enter into a rental agreement with a prospective tenant because the prospective tenant does not agree to provide a social security number. A landlord may utilize information including, but not limited to, previous names, addresses, personal references and work history to screen prospective tenants. A landlord shall maintain the right to take adverse action because of inaccurate, unfavorable or unavailable screening results.
B. A landlord found in violation of subsection A. of this section shall be liable to such a prospective tenant in a private right of action for the greater of double the tenant's economic and noneconomic damages or one month of rent of the dwelling unit at issue, and reasonable litigation costs and attorneys' fees. (Ord. 19311 § 16, 2021).
