SB 5697 — Authorizing the utilities and transportation commission to regulate the rates and services of all persons engaging in the business of acting as a landlord for a mobile home park, manufactured housing community, or manufactured/mobile home community.

S-1588.2S-1185.1 SUBSTITUTE SENATE BILL 5697 State of Washington 68th Legislature 2023 Regular Session By Senate Housing (originally sponsored by Senators Van De Wege, Kuderer, Conway, Hunt, Lovelett, and C.

Wilson)Wilson READRead FIRSTfirst TIMEtime 02/17/23.02/03/23.

Referred to Committee on Housing.

1 SSBSB 5697 (3) "Consumer price index" means the September 12-month percent change in the consumer price index for all urban consumers, west region, as published by the bureau of labor statistics of the United States department of labor in September of the current calendar year.

2 SSBSB 5697 (((11))) (12) "Mobile home lot" means a portion of a mobile home park or manufactured housing community designated as the location of one mobile home, manufactured home, or park model and its accessory buildings, and intended for the exclusive use as a primary residence by the occupants of that mobile home, manufactured home, or park model;

3 SSBSB 5697 service member's commanding officer, with respect to the service member's current or future military status;

4 SSBSB 5697 (1) Except as authorized by an exemption described in section 3 of this act and as provided in RCW 59.20.060(2)(c), a landlord may not increase the rent for any tenancy:

(6)(a) A landlord must file an annual report to the utilities and transportation commission.

The annual report must include:

(i) A summary of the total number of manufactured homes and mobile homes in each park that the landlord owns;

(ii) The length and type of terms for each manufactured and mobile home in a park, if prices are not uniform for a given park that the landlord owns;

(iii) The annual turnover of renters for each manufactured home park that the landlord owns;

(iv) All expenditures and collections of the landlord for rental services, including money collected to pay for utilities and associated administrative fees;

and (v) A listing of any and all increases to rental rates in the reporting year.

(b) If the landlord assesses and collects from their tenants a service charge for gas or electric service, a detailed statement of each service charge that the landlord assesses and collects from the tenants and the expenditures that the landlord makes from the separate account for each service charge during the period of the report.

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5 SB 5697 (c) If the landlord assesses and collects from the tenants a late charge for any delinquency in paying for rent, or utility services, a description of the method of calculation of such late charges must be included in the annual report.

(1) A landlord may increase rent in an amount greater than allowed under section 2 of this act only:only by participating in the banked capacity program administered by the utilities and transportation commission or as provided in RCW 59.20.060(2)(c).

(a)If Bya participatinglandlord participates in the banked capacity programprogram, establishedthe underlandlord thismay section;increase the rent above the maximum annual rent increase percentage by an additional amount equal to the consumer price index for each year in which the landlord has banked capacity.

or(a) (b)The Asbanked providedcapacity inprogram RCWoperates 59.20.060(2)(c).as follows:

(2) If a landlord participates in the banked capacity program, the landlord may increase the rent above the maximum annual rent increase percentage by an additional amount for each year in which the landlord has banked capacity.

(3)(a) The banked capacity program operates as follows:

A landlord who participates in the banked capacity program must provide an annual notice as described in section 2(2) of this act to current and p.prospective tenants of the total banked capacity and possible future rent increases.

5 SSB 5697 prospective tenants of the total banked capacity and possible future rent increases.

(iii) If a tenant voluntarily moves outout, voluntarily, the amount of rent that a landlord may charge a new tenant is not limited by the maximum annual rent increase percentage or any banked capacity, and the landlord may reset the rent to market rate.

If a landlord chooses not to increasep. the rent and charges a new tenant the same amount of rent that the landlord charged the previous tenant, the landlord may retain any banked capacity that was accrued under the prior tenancy;

6 SB 5697 increase the rent and charges a new tenant the same amount of rent that the landlord charged the previous tenant, the landlord may retain any banked capacity that was accrued under the prior tenancy;

(b)(2) IfThe autilities landlordand participatestransportation incommission theshall bankedadopt capacityrules programin theaccordance landlordwith mustchapter maintain80.01 allRCW records relating to implement the banked capacity program forand establish a three-yearprocess period,to makedocument thesewhen recordsa availablelandlord fordecides publicnot inspection,to andincrease furnishrent thesein recordsa to12-month theperiod utilities and transportationbank commissionthat uponcapacity thefor utilitiesfuture andyears. transportation commission's request.

(4)(a)In Uponorder itsto ownparticipate motion,in orthe uponbanked complaintcapacity byprogram, a tenantlandlord ormust thirdcomply party,with the utilitiesprocess andestablished transportation commission shall carry out duties imposed upon it by law to investigate the records,utilities accounts, practices, and activitiestransportation ofcommission. the landlord.

(b)(3) IfThe the utilities and transportation commission findsmust anymake violationinformation ofabout thisthe section,banked anycapacity costsprogram incurredavailable byon theits commissionwebsite, inincluding itsa dutiesmethod for tenants to reviewverify andtheir investigatelandlord's filingsparticipation byin the landlordprogram shalland bethe paidamount byof thetotal landlord.banked capacity for their manufactured home/mobile home lot.

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6 SSB 5697 (5) The utilities and transportation commission may adopt any rules in accordance with chapter 80.01 RCW necessary to implement this section.

(5)p. Make rules and regulations necessary to carry out its other powers and duties.

7 SB 5697 (5) Make rules and regulations necessary to carry out its other powers and duties.

(d) The name and address of the person who is the landlord, and if such person does not reside in the state there shall also be designated by name and address a person who resides in the county where the mobile home park is located who is authorized to act as p.agent for the purposes of service of notices and process.

7 SSB 5697 agent for the purposes of service of notices and process.

(A) Appear in print thatp. is in bold face and is larger than the other text of the rental agreement;

8 SB 5697 that is in bold face and is larger than the other text of the rental agreement;

(k) A written description, picture, plan, or map of the boundaries of a mobile home space sufficient to inform the tenant of p.the exact location of the tenant's space in relation to other tenants' spaces;

8 SSB 5697 the exact location of the tenant's space in relation to other tenants' spaces;