[Source 5.70] [Source 5.75] [Source 5.80]
Chapter 5.70 — UNFAIR HOUSING PRACTICES
Sections:
5.70.010 Declaration of policy.
5.70.020 Definitions.
5.70.030 Unfair housing practices – Prohibited.
5.70.040 Unfair housing practices – Designated.
5.70.050 Exclusions.
5.70.060 Enforcement proceedings.
5.70.070 Violation – Penalty.
5.70.010 Declaration of policy.
It is declared to be the policy of the city in the exercise of its police power for the public safety, public health, and general welfare, for the maintenance of business and good government and for the promotion of the city’s trade, commerce and manufacturers to assure equal opportunity to all persons to live in decent housing facilities regardless of race, creed, color, religion, ancestry, national origin, citizenship or immigration status, honorably discharged veteran or military status, gender, the presence of any sensory, mental, or physical disability or the use of a trained dog guide or service animal by a person with a disability, families with children status, age, marital status, sexual orientation, genetic information, or source of income, and to that end to prohibit discrimination in housing by any person, including real estate brokers, real estate salesperson(s) and agents, owners of real property and lending institutions, to forward the cause of community, and to secure a reduction of all tensions and discriminations because of race, creed, color, religion, national origin, citizenship or immigration status, honorably discharged veteran or military status, gender, the presence of any sensory, mental, or physical disability or the use of a trained dog guide or service animal by a person with a disability, families with children status, age, marital status, sexual orientation, genetic information, or source of income. It is not an unfair practice when a distinction or differential treatment on the basis of citizenship or immigration status is authorized by federal or state law, regulation, rule, or government contract.
(Ord. O2022-010, Amended, 2022; Ord. O2020-019, Amended, 08/04/2020; Ord. O2010-022, Added, 12/21/2010)
5.70.020 Definitions.
Definitions as used in this chapter, unless additional meaning clearly appears from the context, shall have the following meanings:
A. “Commission” means the Washington State Human Rights Commission.
B. “Dwelling” means and includes any building containing one or more dwelling units.
C. “Dwelling unit” means and includes a suite of rooms for occupancy by one family containing space for living, sleeping, and preparation of food, and containing toilet and bathing facilities.
D. “Housing accommodations” means and includes any dwelling or dwelling unit, rooming unit, roominghouse, lot or parcel of land in the city which 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.
E. “Lender” means and includes any bank, insurance company, savings or building and loan association, credit union, trust company, mortgage company, or other person engaged wholly or partly in the business of lending money for the financing or acquisition, construction, repair, or maintenance of a housing accommodation.
F. “Occupant” means and includes any person who has established residence or has the right to occupancy in a housing accommodation.
G. “Owners” means and includes persons who own, lease, sublease, rent, operate, manage, have charge of, control, or have the right of ownership, possession, management, charge, or control of the housing accommodation, on their own behalf or on behalf of another.
H. “Person” means and includes one or more individuals, partnerships, or other organizations, trade or professional associations, corporations, legal representatives, trustees, trustees in bankruptcy, and receivers.
I. “Person aggrieved” means any person against whom any alleged unfair housing practice has been committed.
J. “Prospective borrower” means and includes any person who seeks to borrow money to finance the acquisition, construction, repair, or maintenance of a housing accommodation.
K. “Prospective occupant” means and includes any person who seeks to purchase, lease, sublease, or rent a housing accommodation.
L. “Race” is inclusive of traits historically associated or perceived to be associated with race including, but not limited to, hair texture and protective hairstyles. For purposes of this subsection, “protective hairstyles” includes, but is not limited to, such hairstyles as afros, braids, locks, and twists.
M. “Real estate agent, salesperson, or employee” means and includes any person employed by or associated with a real estate broker to perform or assist in the performance of any or all of the functions of real estate broker.
N. “Real estate broker” means and includes any person who for a fee, commission, or other valuable consideration lists for sale, sells, purchases, exchanges, leases or subleases, rents, or negotiates or offers or attempts to negotiate the sale, purchase, exchange, lease, sublease, or rental of a housing accommodation of another, or holds himself out as engaged in the business of selling, purchasing, exchanging, listing, leasing, subleasing, or renting a housing accommodation of another, or collects the rental for the use of a housing accommodation of another.
O. “Respondent” means any person who is alleged to have committed an unfair housing practice.
P. “Rooming unit” means and includes one or more rooms within a dwelling unit or roominghouse containing space for living and sleeping.
Q. “Sexual orientation” means actual or perceived male or female heterosexuality or homosexuality and includes a person’s attitudes, preferences, beliefs, and practices pertaining thereto.
R. “Source of income” includes benefits or subsidy programs including housing assistance, public assistance, emergency rental assistance, veterans benefits, social security, supplemental security income or other retirement programs, and other programs administered by any federal, state, local, or nonprofit entity, and wages, interest, dividends, or other remunerations. “Source of income” does not include income derived in an illegal manner.
S. “Unfair housing practice” means any act prohibited by this chapter.
(Ord. O2022-010, Amended, 2022; Ord. O2020-019, Amended, 08/04/2020; Ord. O2010-022, Added, 12/21/2010)
5.70.030 Unfair housing practices – Prohibited.
Unfair housing practices, as defined in this chapter, in the sale and offering for sale and in the rental and offering for rent of housing accommodations, are contrary to the public peace, health, safety, and general welfare, and are prohibited by the city in the exercise of its police power.
(Ord. O2022-010, Amended, 2022; Ord. O2020-019, Amended, 08/04/2020; Ord. O2010-022, Added, 12/21/2010)
5.70.040 Unfair housing practices – Designated.
A. No owner, lessee, sublessee, assignee, real estate broker, real estate salesperson, managing agent, or other person having the right to sell, rent, lease, sublease, assign, transfer, or otherwise dispose of a housing accommodation shall refuse to sell, rent, lease, sublease, assign, transfer, or otherwise deny to, or withhold from any person or group of persons such housing accommodations, or segregate the use thereof, or represent that such housing accommodations are not available for inspection, when in fact they are so available, or expel or evict an occupant from a housing accommodation because of the race, creed, color, religion, ancestry, the presence of any sensory, mental, or physical disability or the use of a trained dog guide or service animal by a person with a disability, national origin, citizenship or immigration status, honorably discharged veteran or military status, gender, age, families with children status, marital status or sexual orientation of such person or persons, or the source of income by such person or persons, or discriminate against or segregate any person because of his/her race, creed, color, religion, ancestry, national origin, citizenship or immigration status, gender, the presence of any sensory, mental, or physical disability or the use of a trained dog guide or service animal by a person with a disability, honorably discharged veteran or military status, age, families with children status, marital status, sexual orientation, or source of income, in the terms, conditions, or privileges of the sale, rental, lease, sublease, assignment, transfer or other disposition of any such housing accommodations or in the furnishing of facilities or services in connection therewith.
B. A real estate broker, agent, salesperson, or employee shall not, because of race, creed, color, religion, ancestry, national origin, citizenship or immigration status, gender, the presence of any sensory, mental, or physical disability or the use of a trained dog guide or service animal by a person with a disability, honorably discharged veteran or military status, age, families with children status, marital status, sexual orientation, or source of income of an occupant, purchaser, prospective occupant or prospective purchaser:
1. Refuse or intentionally fail to list or discriminate in listing a housing accommodation for sale, rent, lease, or sublease;
2. Refuse or intentionally fail to show to a prospective occupant the housing accommodation listed for sale, rental, lease, or sublease;
3. Refuse or intentionally fail to accept and/or transmit to an owner any reasonable offer to purchase, lease, rent, or sublease a housing accommodation;
4. Otherwise discriminate against an occupant, prospective occupant, purchaser, or prospective purchaser of a housing accommodation.
C. No person, bank, banking organization, mortgage company, insurance company, or other financial institution or lender, or any agent or employee thereof, to whom application is made for financial assistance for the purchase, lease, acquisition, construction, rehabilitation, repair, or maintenance of any housing accommodation shall:
1. Discriminate against any person or group of persons because of race, creed, color, religion, ancestry, national origin, citizenship or immigration status, gender, the presence of any sensory, mental, or physical disability or the use of a dog guide or service animal by a person with a disability, honorably discharged veteran or military status, age, families with children status, marital status, sexual orientation, or source of income of such person or group of persons or of the prospective occupants or tenants of such real property in the granting, withholding, extending, modifying or renewing, or in the rates, terms, conditions or privileges of, any such financial assistance or in the extension of services in connection therewith; or
2. Use any form of application for such financial assistance, or make any record of inquiry in connection with applications for such financial assistance which expresses, directly or indirectly, any limitation, specification, or discrimination, on the ground of race, creed, color, religion, ancestry, national origin, citizenship or immigration status, gender, the presence of any sensory, mental, or physical disability or use of a dog guide or service animal by a person with a disability, honorably discharged veteran or military status, age, families with children status, marital status, sexual orientation or the source of income.
D. An owner, person, real estate broker, agent, salesperson, employee, or lender shall not:
1. Require any information, make or keep any record, or use any form of application containing questions or entries concerning race, creed, color, religion, ancestry, national origin, citizenship or immigration status, gender, the presence of any sensory, mental, or physical disability or use of a guide dog or service animal by a person with a disability, honorably discharged veteran or military status, age, families with children status, marital status, sexual orientation, or source of income in connection with the sale, rental, lease or sublease of any housing accommodation;
2. Publish, circulate, issue or display, or cause to be published, circulated, issued or displayed, any communication, notice, advertisement, or sign of any kind relating to the sale, rental, lease, sublease, assignment, transfer or listing of a housing accommodation or accommodations which indicate any preference, limitation, specification, or discrimination based on race, creed, color, religion, ancestry, national origin, citizenship or immigration status, gender, the presence of any sensory, mental, or physical disability, honorably discharged veteran or military status, age, families with children status, marital status, sexual orientation, or source of income;
3. Aid, abet, incite, compel, or coerce the doing of any act defined in this chapter as an unfair housing practice, or obstruct or discriminate against a person in any manner because he/she has complied, or proposes to comply, with the provisions of this chapter or has filed a complaint, testified, or assisted in any proceeding under this chapter, or any order issued thereunder, or attempt, either directly or indirectly, to commit any act defined in this chapter to be an unfair housing practice, or apply any economic sanctions or deny any membership privileges because of compliance with the provisions of this chapter.
(Ord. O2022-010, Amended, 2022; Ord. O2020-019, Amended, 08/04/2020; Ord. O2010-022, Added, 12/21/2010)
5.70.050 Exclusions.
A. Nothing in this chapter shall:
1. Prohibit 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 which it owns or operates for other than commercial purpose to persons of the same religion, or from giving preference to such persons; provided, that:
a. Membership in such religion is not restricted on account of race, color, or national origin;
b. Such limitation or preference is reasonably in the furtherance of a religious purpose or activity, as of the date of passage of the ordinance codified in this chapter;
2. Prohibit any person from limiting the rental or occupancy of housing accommodation in any sorority, fraternity, school dormitory or similar residential facility to persons of one sex where considerations of personal privacy exist;
3. 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, creed, color, religion, ancestry, national origin, citizenship or immigration status, gender, the presence of any sensory, mental, or physical disability, honorably discharged veteran or military status, age, families with children status, marital status, sexual orientation, or source of income;
4. Apply the provisions of this chapter prohibiting discrimination based on familial status to housing for older persons as defined by the Federal Fair Housing Amendments Act of 1988, 42 U.S.C. 3607(B)(1) through (3) as amended by the Housing for Older Persons Act of 1995, P.L. 104-76, as enacted on December 28, 1995, or hereafter amended.
B. To the extent that distinction or differential treatment on the basis of citizenship or immigration status is authorized by federal or state law, regulation, or government contract, it is not an unfair practice.
C. Nothing in this chapter shall apply to the renting, subrenting, leasing or subleasing of a single-family or duplex dwelling unit wherein the owner or person entitled to possession thereof normally maintains, or intends to maintain, a permanent residence, home or abode.
(Ord. O2022-010, Amended, 2022; Ord. O2020-019, Amended, 08/04/2020; Ord. O2010-022, Added, 12/21/2010)
5.70.060 Enforcement proceedings.
All complaints or allegations of violations of this chapter shall first be referred for formal action to the commission for cases within the commission’s jurisdiction, and in all other cases to a neutral third party mediator before formal charges are brought under this chapter. The city prosecutor may decline or defer prosecution if an alleged victim fails to reasonably participate in mediation.
(Ord. O2020-019, Amended, 08/04/2020; Ord. O2010-022, Added, 12/21/2010)
5.70.070 Violation – Penalty.
A. Civil Remedies. The violation or failure to comply with any of the provisions of this chapter is declared to be unlawful.
B. Civil Penalty. Any person who violates or fails to comply with any of the provisions of this chapter shall be subject to a civil penalty not exceeding $500.00 for each day or portion thereof that the unlawful act or omission has continued, or such civil penalty as defined in state or federal law.
C. Criminal Penalty. Any person who violates or fails to comply with the provisions of this chapter is guilty of a misdemeanor. Each day or portion thereof upon which the unlawful act or omission occurs constitutes a separate offense.
(Ord. O2020-019, Amended, 08/04/2020; Ord. O2010-022, Added, 12/21/2010)
Chapter 5.75 — RENTAL HOUSING CODE
Sections:
5.75.010 Definitions.
5.75.030 Distribution of information required.
5.75.050 Notice of recurring fees.
5.75.070 Notice to increase rent requirements.
5.75.090 Notice to vacate requirements.
5.75.130 Compliance and enforcement.
5.75.010 Definitions.
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter:
“Assisted housing development” means a multifamily rental housing development that either receives government assistance and is defined as federally assisted housing in RCW 59.28.020, or receives other federal, state, or local government assistance and is subject to use restrictions.
“Change of use” means (1) the conversion of any dwelling unit from a residential use to a nonresidential use; (2) conversion from one type of residential use to another type of residential use, such as a conversion to an adult family home, residential care facility, group foster home, senior housing facility, emergency housing or shelter, or transitional housing as defined in TMC Chapter 18.04; or (3) the removal of use restrictions, including those in an assisted housing development; provided, that an owner displacing a tenant so that the owner or immediate family member can occupy the rental dwelling unit shall not constitute a change of use. Any “change of use” as provided herein requires displacement of a tenant.
“Days” means calendar days unless otherwise provided.
“Demolition” means the destruction of any dwelling unit. Any “demolition” as provided herein requires displacement of a tenant.
“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. A deposit does not include a fee.
“Director” means the director of the community development department, or the director’s designee, as it exists or is hereinafter amended.
“Displacement” or “displaced” means the demolition, substantial rehabilitation, or change of use requiring existing tenants to vacate the dwelling unit, but shall not include the relocation of a tenant from one dwelling unit to another dwelling unit with the tenant’s consent.
“Dwelling unit” is defined under RCW 59.18.030, as it exists or is hereinafter amended, and 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 manufactured or mobile homes.
“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 based on usage and 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.
“Immediate family member” is defined under RCW 59.18.030, as it exists or is hereinafter amended, and includes state registered domestic partner, spouse, parents, grandparents, children, including foster children, siblings, and in-laws.
“Landlord” is defined under RCW 59.18.030, as it exists or is hereinafter amended, and means 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.
“Owner” is defined under RCW 59.18.030, as it exists or is hereinafter amended, and means one or more persons, or entities, jointly or severally, in whom is vested:
1. All or any part of the real title to property; or
2. All or part of the beneficial ownership, and a right to present use and enjoyment of the property.
“Property” or “rental property” means all dwelling units on a contiguous quantity of land managed by the same landlord as a single, rental complex.
“Rent” or “rental amount” is defined under RCW 59.18.030, as it exists or is hereinafter amended, and means recurring and periodic charges identified in the rental agreement for the use and occupancy of the premises, which may include charges for utilities. Except as provided in RCW 59.18.283(3), these terms do not include nonrecurring charges for costs incurred due to late payment, damages, deposits, legal costs, or other fees, including attorneys’ fees.
“Rental agreement” or “lease” is defined under RCW 59.18.030, as it exists or is hereinafter amended, and means all agreements that establish or modify the terms, conditions, rules, regulations, or any other provisions concerning the use and occupancy of a dwelling unit.
“Substantial rehabilitation” is defined under RCW 59.18.200, as it exists or is hereinafter amended, and 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.
“Tenant” is defined under RCW 59.18.030, as it exists or is hereinafter amended, and means any person who is permitted to occupy a dwelling unit primarily for living or dwelling purposes under a rental agreement and includes those persons who are considered to be tenants under the state RLTA, Chapter 59.18 RCW and those tenants whose living arrangements are exempted from the state RLTA under RCW 59.18.040(3). For purposes of this chapter, “tenant” shall not include the owner of a dwelling unit or members of the owner’s immediate family.
(Ord. O2022-012, Added, 12/06/2022)
5.75.030 Distribution of information required.
A. Distribution of Resources by Landlord.
1. 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 Tumwater informational website address designated by the city for the purpose of providing housing related information, including rights and responsibilities to tenants.
2. 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 housing related information, including rights and responsibilities to tenants that can be found on the website identified above.
B. Distribution of Information Packets by Landlord.
1. The director shall obtain and update as necessary, summaries of the unfair housing practices chapter (TMC Chapter 5.70), the rental housing code chapter (TMC Chapter 5.75), the 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.
2. A landlord shall provide a copy of the summaries prepared by the director to every tenant or prospective tenant when a rental agreement is offered, whether or not the agreement is for a new or renewal agreement.
3. 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.
4. For existing tenants, landlords shall distribute copies of the summaries to existing tenants within thirty days after the summaries are made available by the city.
5. The initial distribution of information to tenants must be in written form and landlords shall obtain the tenant’s signature documenting the 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 on an annual basis and when the city updates its housing regulations, which may be in electronic form unless a tenant otherwise requests written summaries.
6. The packet prepared by the director is informational 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.
C. 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. O2022-012, Added, 12/06/2022)
5.75.050 Notice of recurring fees.
Recurring fees that are not deposits addressed by RCW 59.18.280, 59.18.283, and 59.18.285 shall be included in the written rental agreement. If any moneys are paid to the landlord as a recurring fee and nonrefundable, the rental agreement shall be in writing and shall clearly specify that the fee is recurring and nonrefundable. If the landlord fails to provide a written rental agreement, the landlord is liable to the tenant for the amount of any fees collected as recurring fees and nonrefundable. If the written rental agreement fails to specify that the fee is nonrefundable, the fee must be treated as a refundable deposit under RCW 59.18.260, 59.18.270, and 59.18.280.
(Ord. O2022-012, Added, 12/06/2022)
5.75.070 Notice to increase rent requirements.
A. Special Circumstances.
1. A landlord is required to provide a minimum of one hundred and twenty days’ prior written notice whenever the periodic or monthly housing costs to be charged a tenant will increase by more than five percent of the rent over the periodic or monthly rental rate charged the same tenant for the same housing unit, unless the fixed lease agreement includes agreed-upon rent increases during the term of the tenancy or agreement.
2. A landlord is required to provide a minimum of one hundred and eighty days’ prior written notice whenever the periodic or monthly housing costs to be charged a tenant will increase by more than ten percent of the rent over the periodic or monthly rental rate charged the same tenant for the same housing unit, unless the fixed lease agreement includes agreed-upon rent increases during the term of the tenancy or agreement.
3. Pursuant to RCW 59.18.140, 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, a landlord shall provide a minimum of thirty days’ prior written notice of an increase in the amount of rent to each affected tenant.
4. Any notice of a rent increase required by this section must be served in accordance with RCW 59.12.040.
B. Circumstances Not Addressed by Subsection A of This Section.
1. A landlord is required to provide a minimum of sixty days’ prior written notice whenever the periodic or monthly housing costs to be charged a tenant will increase by five percent or less of the rent over the periodic or monthly rental rate charged the same tenant for the same housing unit, unless the fixed lease agreement includes agreed-upon rent increases during the term of the tenancy or agreement.
2. Notice of any rental increase of five percent or less may be served in accordance with RCW 59.12.040.
(Ord. O2022-012, Added, 12/06/2022)
5.75.090 Notice to vacate requirements.
A. The notice requirements provided in this section apply when premises are rented with monthly or other periodic tenancy.
B. Requirement for Notice to Tenant When Tenant Displaced. When a tenant is to be displaced, a landlord may only terminate the tenancy by providing a tenant with written notice of at least one hundred and twenty days preceding the end of the month or period of tenancy. For any notice provided under this subsection, the landlord shall also provide at the same time the information required under TMC 5.75.030.
C. Requirement for Notice to Tenant for No Cause Termination. Unless provided otherwise under federal or state law applicable to low-income or affordable housing programs or under subsection B of this section, a landlord may only terminate a tenancy for no cause by providing the tenant written notice of at least ninety days preceding the end of the month or period of tenancy. Notices that are exempt from this subsection include, but are not limited to, three-day notice to pay or vacate, three-day notice for waste or nuisance, or ten-day notice to comply with the terms of the rental agreement or vacate.
D. Notice Requirements, Generally.
1. Notices provided in this section shall comply with RCW 59.12.040 and 59.18.650, as they exist and as they hereinafter are amended.
2. The notice shall list the name of the tenant and the dwelling unit number.
3. Proof of any service under this section must be made by the affidavit or declaration of the person providing the notice. When a copy of the notice is sent through the mail as provided in this section, service shall be deemed complete when such copy is deposited in the United States mail.
E. The notices required herein do not apply when:
1. A landlord terminates for nonpayment of rent or for other cause allowed by the state RLTA, Chapter 59.18 RCW, or the Forcible Entry and Forcible and Unlawful Detainer Act, Chapter 59.12 RCW; or
2. A landlord is required to repair the dwelling unit due to a violation of the International Property Maintenance Code, TMC Chapter 15.18, or other city regulations or is found to be either derelict or unfit.
(Ord. O2022-012, Added, 12/06/2022)
5.75.130 Compliance and enforcement.
A. Compliance.
1. Any rental agreement or renewal of a rental agreement in a residential unit in the city of Tumwater entered into after April 8, 2023, shall include, or is deemed to include, a provision requiring the provisions outlined in this chapter.
2. A landlord is prohibited from engaging in reprisals or retaliatory actions pursuant to RCW 59.18.240 and 59.18.250, as they exist or are hereinafter amended, including reprisals or retaliatory actions against a tenant’s good faith and their lawful rights to organize.
3. Pursuant to provisions of the state RLTA (Chapter 59.18 RCW), landlords 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).
a. In addition to any other legal defense a tenant may have, it is an additional affirmative defense to an unlawful detainer action that a landlord failed to give a one hundred and twenty day or ninety day “no cause” notice to a monthly or periodic tenant as provided in TMC 5.75.090, with service conforming with RCW 59.12.040, prior to the end of such month or period, unless a different for cause notice period is specifically authorized by law.
b. Any rental agreement provision which waives or purports to waive any right, benefit or entitlement created by this chapter shall be deemed void and of no lawful force or effect.
4. Joint and Several Responsibility and Liability. Responsibility for violations subject to enforcement under this chapter is joint and several, and the city is not prohibited from taking action against a person where other persons may also be potentially responsible persons, nor is the city required to take action against all potentially responsible persons.
B. Rebuttable Presumption.
1. If a landlord provides a ninety day notice to vacate under TMC 5.75.090(C), and within ninety days after the tenant vacates the dwelling unit, the landlord commences activity to demolish or substantially rehabilitate or change the use of the dwelling unit, the city shall presume that the landlord intended to avoid the one hundred and twenty day notice to terminate requirement in TMC 5.75.090(B).
2. To overcome the presumption in subsection (B)(1) of this section, the landlord must demonstrate by a preponderance of evidence that the termination was either due to proper cause or, in the case of substantial rehabilitation, that the tenant left the dwelling uninhabitable such that substantial rehabilitation was necessary to rent the dwelling.
C. Powers and Duties of the Director.
1. The director is authorized to enforce this chapter and may promulgate rules and regulations consistent with this chapter.
D. Violations.
1. If a violation of this chapter occurs, the director shall follow the civil enforcement of code process in TMC Chapter 1.10.
(Ord. O2022-012, Added, 12/06/2022)
Chapter 5.80 — RENTAL HOUSING REGISTRATION
Sections:
5.80.010 Definitions.
5.80.030 Scope.
5.80.100 Enforcement – Remedies not exclusive.
5.80.010 Definitions.
For the purpose of this chapter, the following words or phrases have the meanings prescribed below:
“Accessory dwelling unit” means a dwelling unit that is an accessory use or structure subordinate to a single-family detached dwelling subject to the general land use regulations found in TMC 18.42.010.
“Building” means any structure having a roof, but excluding all forms of vehicles, even though immobilized. (See “structure,” TMC 18.04.180.)
“Building code” means the code promulgated by the International Conference of Building Officials, as adopted by the city council of the city.
“Business license” means a business license as required by Chapter 5.04 TMC.
“Director” means the director of the community development department, or the director’s designee, as it exists or it is hereinafter amended.
“Dwelling, single-family detached” means a building that is not attached in any way to another dwelling unit or structure providing complete, independent living facilities for a family.
“Emergency housing” means temporary indoor accommodations for individuals or families who are homeless or at imminent risk of becoming homeless that are intended to address the basic health, food, clothing, and personal hygiene needs of individuals or families. Emergency housing may provide individual rooms for sleeping and may have communal bathrooms and kitchen and dining areas. Emergency housing may or may not require occupants to enter into a lease or an occupancy agreement.
“Emergency shelter” means a facility that provides a temporary indoor shelter for individuals or families who are currently homeless. Emergency shelter may provide a mixture of individual rooms and common areas for sleeping and may have communal bathrooms and kitchen and dining areas. Emergency shelter may not require occupants to enter into a lease or an occupancy agreement. Emergency shelter facilities may include day cooling and warming centers that do not provide overnight accommodations.
“Landlord” is defined under RCW 59.18.030, as it exists or is hereinafter amended, and means the property 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 property owner, lessor, or sublessor including, but not limited to, an agent, a resident manager, or a designated property manager.
“Manufactured home” means a single-family dwelling built according to the Department of Housing and Urban Development Manufactured Home Construction and Safety Standards Act, which is a national, preemptive building code. A manufactured home does not meet the criteria to be classified as a “designated manufactured home.” See also “designated manufactured home” and “new manufactured home,” TMC 18.04.040 and 18.04.140.
“Manufactured home, designated” means a manufactured home constructed after June 15, 1976, in accordance with state and federal requirements for manufactured homes, which: (1) is comprised of at least two fully enclosed parallel sections each of not less than twelve feet wide by thirty-six feet long; (2) was originally constructed with and now has a composition or wood shake or shingle, coated metal, or similar roof of nominal three-to-twelve pitch; and (3) has exterior siding similar in appearance to siding materials commonly used on conventional site-built single-family residences. See also “manufactured home” and “new manufactured home.”
“Manufactured home, new” means any manufactured home required to be titled under RCW Title 46, which has not been previously titled to a retail purchaser, and is not a used mobile home as defined in RCW 82.45.032(2). See also “designated manufactured home” and “manufactured home,” TMC 18.04.040 and 18.04.130.
“Mobile home” means a factory-built dwelling built prior to June 15, 1976, to standards other than the United States Department of Housing and Urban Development (HUD) Code, and acceptable under applicable state codes in effect at the time of construction or introduction of the home into the state. Mobile homes have not been built since introduction of the HUD Manufactured Home Construction and Safety Standards Act.
“Permanent supportive housing” means subsidized, leased housing with no limit on length of stay that prioritizes people who need comprehensive support services to retain tenancy and utilizes admissions practices designed to use lower barriers to entry than would be typical for other subsidized or unsubsidized rental housing, especially related to rental history, criminal history, and personal behaviors. Permanent supportive housing is paired with on-site or off-site voluntary services designed to support a person living with a complex and disabling behavioral health or physical health condition who was experiencing homelessness or was at imminent risk of homelessness prior to moving into housing to retain their housing and be a successful tenant in a housing arrangement, improve the resident’s health status, and connect the resident of the housing with community-based health care, treatment, or employment services. Permanent supportive housing is subject to all of the rights and responsibilities defined in Chapter 59.18 RCW, Residential Landlord-Tenant Act.
“Property” or “rental property” means all dwelling units on a contiguous quantity of land managed by the same landlord as a single, rental complex.
“Property owner” is defined under RCW 59.18.030, as it exists or is hereinafter amended, and means one or more persons, or entities, jointly or severally, in whom is vested:
1. All or any part of the real title to property; or
2. All or part of the beneficial ownership, and a right to present use and enjoyment of the property.
“Rental unit” means a residential housing unit occupied or rented by a tenant or available for rent by a tenant.
“Residential housing unit” means any building or part of a building in the city of Tumwater 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 detached dwellings, accessory dwelling units, designated manufactured homes, manufactured homes, new manufactured homes, mobile homes, duplexes, triplexes, fourplexes, townhouses, rowhouses, cottage housing, multifamily dwellings, apartment buildings, high-rise residential, condominiums, and similar living accommodations.
“Tenant” is defined under RCW 59.18.030, as it exists or is hereinafter amended, and means any person who is permitted to occupy a dwelling unit primarily for living or dwelling purposes under a rental agreement and includes those persons who are considered to be tenants under the state RLTA, Chapter 59.18 RCW and those tenants whose living arrangements are exempted from the state RLTA under RCW 59.18.040(3). For purposes of this chapter, “tenant” shall not include the property owner of a dwelling unit or members of the property owner’s immediate family.
“Transitional housing” means housing providing stability for residents for a limited time period, usually two weeks to twenty-four months, to allow them to recover from a crisis such as homelessness or domestic violence before transitioning into permanent housing. Transitional housing often offers supportive services, which enable a person to transition to an independent living situation.
(Ord. O2022-014, Added, 02/07/2023)
5.80.030 Scope.
A. Business License Required. As a condition of operation, each and every property owner or landlord renting or leasing a residential housing unit within the city limits shall, in accordance with Chapter 5.04 TMC, obtain and maintain a business license.
B. Exempt Residential Housing Units. This chapter does not apply to the following residential housing units:
1. Single-family detached dwellings, duplexes, triplexes, or fourplexes;
2. Manufactured home parks less than five units in size;
3. Units unavailable for rent;
4. Housing accommodations in a hotel, motel, bed and breakfast, short-term rental, or other similar transient lodging;
5. Housing accommodations at an institution, whether public or private, where residence is merely incidental to detention or the provision of medical, religious, educational, recreational, or similar services, including but not limited to adult family homes, educational facilities, residential care facilities, group foster homes, assisted and independent senior housing facilities, convalescent centers, rest homes, nursing homes, prisons, jails, or other correctional facilities, monasteries and convents, mental health facilities, and hospitals;
6. Designated manufactured homes, manufactured homes, new manufactured homes, and mobile homes;
7. Emergency housing, emergency shelters, and transitional housing;
8. Permanent supportive housing and rental units that a government unit, agency, or authority owns, operates, or manages, or that are specifically exempted from such a registration requirement by state or federal law or administrative regulation. This exemption does not apply once the governmental ownership, operation, or management is discontinued;
9. Accessory dwelling units; and
10. Condominiums and townhomes or rowhouses.
C. Penalty for Not Obtaining Business License. In addition to the penalties set forth elsewhere in TMC, 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 ten days of noncompliance with this chapter, and up to $400.00 per day for each day in excess of ten days of noncompliance with this chapter.
D. Display of Required Information. Information required by TMC 5.75.030(B) shall be posted on the inside of each residential housing unit or in a common area; provided, that the director may establish by rule one or more alternative or additional methods for conveying the information to tenants.
E. The business license period shall be consistent with the period established under TMC 5.04.050. A fee as established in Chapter 5.04 TMC shall accompany any application for a license required by this chapter. Business license applications for residential rental housing shall comply with the requirements of TMC 5.04.040.
F. Denial or Revocation of License.
1. A business license issued to a residential rental housing unit or units may be denied or revoked for the following reasons:
a. The applicant or registration holder has failed to comply with any of the provisions of this chapter;
b. The applicant or registration holder is in default of any fee due to the city under this chapter;
c. Any reason set forth in TMC 5.04.030;
d. 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 TMC or the Revised Code of Washington.
2. 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 TMC 5.04.030.
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. The applicant pays a license fee as determined by city code.
4. Tenant relocation assistance shall be provided as required by RCW 59.18.085, and pursuant to the process set forth therein.
(Ord. O2022-014, Added, 02/07/2023)
5.80.100 Enforcement – Remedies not exclusive.
The remedies prescribed in this chapter are in addition to all other remedies provided or authorized by law.
(Ord. O2022-014, Added, 02/07/2023)
