SB 6378 — Concerning residential tenant protections.

ENGROSSEDS-4922.5SENATE SUBSTITUTE SENATE BILL 6378State of Washington66th Legislature2020 Regular SessionBySenateSessionBySenators HousingKuderer, StabilityDarneille, &Das, Affordabilityand (originallyLovelettRead sponsoredfirst bytime Senators01/15/20.Referred Kuderer,to Darneille,Committee Das,on andHousing Lovelett)READStability FIRST& TIMEAffordability.AN 01/28/20.AN ACT Relating to residential tenant protections;

amending RCW 59.18.057, 59.18.063, 59.18.365, 59.18.410, 59.18.230, 59.18.290, 59.18.140, and 43.31.605;

Specifically, the legislature finds that further clarity is required as to how and when tenants can access emergency rental assistance to pay off unlawful detainer judgment amounts and have their tenancies reinstated before judgment, when landlordstenants can issuerequest paya ordifferent vacaterent noticesdue todate, tenants whose primary source of income is regular, monthly governmental assistance, and that a landlord cannot threaten a tenant with eviction for failure to pay fees not related to rent.

RCW 59.18.063 and 2011 c 132 s 4 are each amended to read as follows:(1) A landlord may refuse to accept cash for any payment of rent made by a tenant, but shall provide a receipt for any payment made by a tenant in the form of cash when the landlord accepts cash.(2) A landlord shall provide, upon the request of a tenant, a written receipt for any payments made by the tenant in a form other than cash.Sec.

4.

5.4.

Before ((such time has expired))entryexpired))issuance of a judgment or until five court days have expired after entryissuance of the judgment, the tenant or any subtenant, or any mortgagee of the term, or other party interested in the continuance of the tenancy, may pay into court or to the landlord the amount of the rent due, any court costs incurred at the time of payment, late fees if such fees are due under the lease and do not exceed seventy-five dollars in total, and attorneys' fees if awarded, in which event any judgment entered shall be satisfied and the tenant restored to his or her tenancy.

If a tenant seeks to restore his or her tenancy and pay the amount set forth in this subsection with funds acquired through an emergency rental assistance program provided by a governmental or nonprofit entity, the tenant shall provide a copy of the pledge of emergency rental assistance provided from the appropriate governmental or nonprofit entity and have an equal opportunity to exercise such rights under this subsection, which may include a stay of judgment and provision by the landlord of documentation necessary for processing the assistance.

The landlord shall accept any pledge of emergency rental assistance funds provided to the tenant from a governmental or nonprofit entity before the expiration of anythe fourteen-day pay or vacate notice forunder nonpaymentRCW of59.12.030(3) rent for theany full amount of the rent owing under the rental agreement.

The landlord shall accept any written pledge of emergency rental assistance funds provided to the tenant from a governmental or nonprofit entity after the expiration of the pay or vacate notice if the pledge will contribute to the total payment of both the amount of rent due, including any current rent, and other amounts if required under this subsection.

The landlord shall suspend any court action for seven court days after providing necessary payment information to the nonprofit or governmental entity to allow for payment of the emergency rental assistance funds.

By accepting such pledge of emergency rental assistance, the landlord is not required to enter into any additional conditions not related to the provision of necessary payment information and documentation.

IF YOU FAIL TO PAY THE BALANCE WITHIN THREE CALENDAR DAYS, THE LANDLORD MAY PROCEED WITH A PHYSICAL EVICTION FOR POSSESSION OF THE UNIT THAT YOU ARE RENTING.DATESIGNATURELANDLORD/AGENTNAMEADDRESSPHONE(iv) If a tenant seeks to satisfy a condition of this subsection (3)(c) by relying on an emergency rental assistance program provided by a government or nonprofit entity and provides an offer of proof, the court shall stay the writ of restitution as necessary to afford the tenant an equal opportunity to comply.(v) The court shall extend the writ of restitution as necessary to enforce the order issued pursuant to this subsection (3)(c) in the event of default.(d) A((A tenant who has been served with three or more notices to pay or vacate for failure to pay rent as set forth in RCW 59.12.040 within twelve months prior to the notice to pay or vacate upon which the proceeding is based may not seek relief under this subsection (3).(e)(i)(3).(e)))(i) In any application seeking relief pursuant to this subsection (3) by either the tenant or landlord, the court shall issue a finding as to whether the tenant is low-income, limited resourced, or experiencing hardship to determine if the parties would be eligible for disbursement through the landlord mitigation program account established within RCW 43.31.605(1)(c).

Nothing in this subsection (3)(((c)))(e)(3)(((c)))(d) shall be deemed to obligate the department of commerce to provide assistance in claim reimbursement through the landlord mitigation program if there are not sufficient funds.(iii) If the department of commerce fails to disburse payment to the landlord for the judgment pursuant to this subsection (3)(e)(3)(((e)))(d) within thirty days from submission of the application, the landlord may renew an application for a writ of restitution pursuant to RCW 59.18.370 and for other rent owed by the tenant since the time of entry of the prior judgment.

In such event, the tenant may exercise rights afforded under this section.(iv) Upon payment by the department of commerce to the landlord for the remaining or total amount of the judgment, as applicable, the judgment is satisfied and the landlord shall file a satisfaction of judgment with the court.(v) Nothing in this subsection (3)(e)(3)(((e)))(d) prohibits the landlord from otherwise applying for reimbursement for an unpaid judgment pursuant to RCW 43.31.605(1)(c) after the tenant defaults on a payment plan ordered pursuant to (c) of this subsection.(4) If a tenant seeks to stay a writ of restitution issued pursuant to this chapter, the court may issue an ex parte stay of the writ of restitution provided the tenant or tenant's attorney submits a declaration indicating good faith efforts were made to notify the other party or, if no efforts were made, why notice could not be provided prior to the application for an ex parte stay, and describing the immediate or irreparable harm that may result if an immediate stay is not granted.

The court shallmay require service of the order and motion to stay the writ of restitution by personal delivery, mail, facsimile, or other means most likely to afford allthe partiestenant notice of the court date.(5) In all other cases the judgment may be enforced immediately.

6.5.

Such unenforceability shall not affect other provisions of the agreement which can be given effect without them.(b) A landlord may not threaten a tenant with eviction or insinuate a tenant may be evicted for failure to pay nonpossessory charges limited under RCW 59.18.283.(2) No rental agreement may provide that the tenant:(a) Agrees to waive or to forgo rights or remedies under this chapter;

7.6.

however, the court shall not award attorneys' fees in the following instances:(a) If the judgment for possession is entered after the tenant failed to ((appear))respondrespond to a pleading or other notice requiring a response authorized under this chapter;chapter or appear in person at a subsequent hearing;

or(b) If the total amount of rent awarded in the judgment for rent is equal to or less than two months of the tenant's monthly contract rent or one thousand two hundred dollars, whichever is greater.(4) If a tenant has filed a motion to stay a writ of restitution from execution, the court may only award attorneys' fees to the landlord if the tenant is permitted to be reinstatedreinstated. pursuant to RCW 59.18.410(3).

7.

RCW 59.18.140 and 2019 c 105 s 1 are each amended to read as follows:(1) The tenant shall conform to all reasonable obligations or restrictions, whether denominated by the landlord as rules, rental agreement, rent, or otherwise, concerning the use, occupation, and maintenance of his or her dwelling unit, appurtenances thereto, and the property of which the dwelling unit is a part if such obligations and restrictions are not in violation of any of the terms of this chapter and are not otherwise contrary to law, and if such obligations and restrictions are brought to the attention of the tenant at the time of his or her initial occupancy of the dwelling unit and thus become part of the rental agreement.(2) The tenant may propose that the date rent is due in the rental agreement be altered to a different due date of the month.

The 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.

The proposed rent due date may not be more than five days after the date the regular, monthly source of governmental assistance is received by the tenant.(3) Except for termination of tenancy and an increase in the amount of rent, after thirty days written notice to each affected tenant, a new rule of tenancy may become effective upon completion of the term of the rental agreement or sooner upon mutual consent.(((3)))(4)(a) Except as provided in (b) of this subsection, a landlord shall provide a minimum of sixty days' prior written notice of an increase in the amount of rent to each affected tenant, and any increase in the amount of rent may not become effective prior to the completion of the term of the rental agreement.(b) 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.

An increase in the amount of rent may become effective upon completion of the term of the rental agreement or sooner upon mutual consent.Sec.

Any claim for reimbursement made pursuant to RCW 59.18.410(3)(e)(ii)59.18.410(3)(d)(ii) must be accompanied by a court order staying the writ of restitution pursuant to RCW 59.18.410(3).

SectionsThis 5 through 8 of this act areis necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and taketakes effect immediately.--- END ---