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CERTIFICATION OF ENRQLLMENT ~
SUBSTITUTE SENATE BILL 6459
Chapter 148, Laws of 2010
61st Legislature
2010 Regular Session
RENTAL PROPERTIES-~~-INSPECTIONS BY LOCAL MUNICIPALITIES
EFFECTIVE DATE: 06/10/10
Passed by the Senate March 8, 20.0 CERTIFICATE YEAS 38 NAYS 8
I, Thomas Hoemann, Secretary of the Senate of the State of
BRAD o~EN Washington, do hereby certify that
the attached is SUBSTITUTE SENATE President of the Senate BILL 6459 as passed by the Senate
and the House of Representatives
Passed by the House N~arch 2, 20.0 on the dates hereon set forth, YEAS 96 NAYS 0
THQMAS H4EMANN FRANK CH4PP
Secretary Speaker of the House of Representatives
Approved March ~.9, 200, 2 ; 38 p.m. FILED
March 1.9, 2010
CHRISTINE GREG4IRE Secretary of State
State of Washington Governor of the State of Washington
SUBSTITUTE SENATE BILL 6459
AS AMENDED BY THE HQUSE
Passed Legislature ~ 2010 Regular Session
State .of Washington 61st Legislature 241 Regular Session
By Senate Financial Institutions, Housing & Insurance originally
sponsored by Senators Hobbs, Berkey, Ma'rr, and Schoesler}
READ FIRST .TIME 02 /05/10 . .
1 AN ACT Relating to the inspection of rental.praperties; amending
2 RCW 5.9.18.030 and 59.18.150; adding a new section to chapter 59.18 RCw;
3 and prescribing penalties.
4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE of wASHINGTQN:
5 Sec. 1.~ RCw 59.18.030 and 2008~c 278 s 12 are each amended to read
6 as follows:
7 As used in this chapter:
$ ~1} "Distressed home" has the same meaning as in RCw 61.34.020.
9 ~ ~2 } "Distressed home con~reyanceT' . has the same meaning as in RCw
10 ~ 61.34.020.
11 ~3} "Distressed home purchaser" has the same meaning as in RCw
12 61.34.020,
13 ~4} ~"Dwelling unit" is a structure or that part of a structure
14 which is used as a home, residence, or sleeping place by one person or
15 by two or more persons maintaining a common household, including but
16 not limited to single family residences and units of multiplexes,
17 apartment buildings, and mobile homes. .
8 ~ 5 } In danger of foreclosure" means any of the fallowing :
p. 1 ~ SSB 6459.SL
1 ~a} The homeowner has defaulted on the mortgage and, under the
2 terms of the mortgage, the mortgagee has the right to accelerate full
3 payment of the mortgage and repossess, sell, or cause to be sold the
4 property;
5 fib} The homeowner is at least thirty days delinquent on any loan
6 that is secured by the property; or
7 ~c} The homeowner has a good faith belief that he or she is likely
8 to default on the mortgage within the upcoming four months due to a
9 lack of funds, and the homeowner has reported this belief to.
1Q 4i} The mortgagee;
11 iii} A person licensed or required to be licensed under chapter
12 19.134 RCw;
13 viii} A person licensed or required to be licensed under chapter
14 19.146. RCw;
15 Div} A person licensed or required to be licensed under chapter
16 18.85 RCW;
17 ~v} An attorney-~at~law;
18 Zvi} A mortgage counselor or other credit counselor licensed or
19 certified by any federal, state, or local agency; or
2Q vii} Any other party to a distressed property conveyance.
21 ~6} "Landlardr' means the owner, lessor, or sublessor of the
22 dwelling unit or the property of which it is a part, and in addition
23 means any person designated as representative of the landlord.
24 "Mortgage" is used in the general sense and includes all
25 instruments, including deeds of trust, that are used to secure an
26 obligation by an interest in real property.
2? ~8} "Person" means an individual, group of individuals,
28 corporation, government, or governmental agency, business trust,
29 estate, trust, partnership, or association, two or more persons having
3Q a j oin:t or common interest, or any other legal or commercial entity.
31 ~9} "owner" means one or mare persons, jointly or severally, in
32 whom is vested:
33 ~a} All or any part of the legal title to property; or
34 fib} All or part of the beneficial ownership, and a right to present
35 use and end oyment of the property.
36 ~1Q} "Premises" means a dwelling unit, appurtenances thereto,
3~ grounds, and facilities held out for .the use of tenants generally and
38 any other area or facility which is held out for use by the tenant .
SSB 6459.SL p. 2
1 ~1~.} "Rental agreement" means all agreements which establish or
2 modify the terms; conditions, rules, regulations, or any other
3 provisions concerning the use and occupancy of a dwelling unit.
4 X12} A "single family residence" is a structure maintained and used
5 as a single dwelling unit. Notwithstanding that a~dwelling unit shares
6 one or more walls with another dwelling unit, it shall be deemed a
7 single family residence if it has direct access to a street and shares
8 neither heating facilities nor hot water equipment, nor any other
9 essential facility or service, with any other dwelling unit.
10 X13} A "tenant" is any person who is entitled to occupy a dwelling
11 unit primarily for living or dwelling purposes under a rental
12 agreement.
13 ~1~} "Reasonable attorney's fees", where authorized in this
14 chapter, means an amount to be determined including the fallowing
15 factors; The time and labor required, the novelty and difficulty of
16 the questions involved, the skill requisite to perform the legal
17 service properly, the fee customarily charged in the locality far
18 similar legal services, the amount involved and the results obtained,
19 and the experience, reputation and ability of the lawyer or lawyers
20 performing the .services.
21 415} "Gang" means a group that: ~a} Consists of three or more
22 persons; fib} has identifiable leadership or an identifiable name, sign,
23 or symbol; and ~c} on an ongoing basis, regularly conspires and acts in~
24 concert mainly for criminal purposes. ~
25 X16} "Gang--related activity" means any activity that occurs within
26 the gang or advances a gang purpose.
27 ~ "Certificate,, of ~,inspection" means _an~unsworn~statement,
28 declaration verification or cent-ificate made in accordance with the
29 re uirements of RCW 9A.72.0$5 b a ualified ins ector that states that
30 the~landlord~has,~not,~failed to fulfill_any~substantial„~oblgaton
31 imposed under RCw 59.18.060 that endangers ,or impairs__the health or
32 sa_ fety~of~,a,~tenant, _includina~~,structural,~members_that_are~af
33 insufficient size or stren th to carr im osed loads with safety,__,~b~
34 ex osure of the occu ants to the weather c lumbin and sanitation
35 defects that directly expose the occupants to the risk of illness or
36 in'ur d not rovidin facilities ode uate to su 1 heat and water
37 and hot water as reasonably__ required ~ the tenant, providing
38 heatin or ventilation s stems that. are not functional or are
p. 3 SSB 6459.SL
1 hazardous f defective, haza_rdous~or missln electrical whin or
2 electrical service defective or hazardous exits that increase the
3 risk of in'ur to occu ants and h conditions that increase the risk
4 of fire.
5 18 "Pro ert or "rental ro ert "means all dwellin units on a
6 Conti uous uantit of land many ed b the same landlord as a single,
7 rental cam lex.
S ~__"Qualified inspector"_means„~a_Uni.ted_,States„~,department_af
9 housin and urban develo ment certified ins ector~ a Washin ton state
14 licensed_home_inspector; _an_American,_soviet _„of_home,~„ins ectors
11 certified inspector; _a_ rivate_inspector,certified~,~_,the~,national
12 association_of_housin _and ' _rede_velo~ment„~officials, „~the_Amerzcan
13 association_of_code_enforcement _or_other_comparable_professional
14 association_as_a roved_~_the_local_municipality___a_municipal~,code
15 enforcement officer a Washington licensed, structural _en~neer, or a
16 Washin ton licensed architect.
17 NEW SECTION. Sec. 2. Anew section is added to chapter 59.18 RCW
18 to read as follows:
19 ~1~ Local municipalities may require that landlords provide a
20 certificate of inspection as a business license condition. A local
21 municipality does not need to have a business license or registration
22 program in order to require that landlords provide a certificate of
23 inspection. A certificate of inspection does not preclude or limit
24 inspections conducted pursuant to the tenant remedy as provided for in
25 RCW 59.18.115, at the request or consent of the tenant, or pursuant to
26 a warrant.
27 ~2~ A qualified inspector who is conducting an inspection under
28 this section may only investigate a rental property as needed to
29 provide a certificate of inspection.
3a ~3~ A local municipality may only require a certificate of
31 inspection on a rental property once every three years.
32 ~4~~a~ A rental property that has received a certificate of
33 occupancy within the last four years and has had no code violations
34 reported on the property during that period is exempt from inspection
35 under this section.
36 ~b~ A rental property inspected by a government agency or other
37 qualified inspector within the previous twenty four months may provide
SSB 6459.SL p. 4
1 proof of that inspection which the local.municipality may accept in
2 ,lieu of a certificate of inspection. If any additional inspections of
3 the rental property are conducted, a copy of the findings of these
4 inspections may also be required by the local municipality.
5 ~5} A rental property owner may choose to inspect one hundred
~ percent of the units on the rental property and provide only the
7 certificate of inspection for all units to the local municipality.
8 However, if a rental property owner chooses to inspect only a sampling
9 of the units, the owner must send written notice of the inspection to
1o all units at the property. The notice must advise tenants that some of
11 the units at the property will be inspected and that the tenants whose
12 units need repairs or maintenance should send written notification to
13 the landlord as provided in RCw 59.18.070, The ,notice must also advise
14 tenants that if the landlord fails to adequately respond to the request
15 for repairs or maintenance, the tenants may contact local municipality
16 officials. A copy of the notice must be provided to the ~in~spector upon
17 request on the day of inspection.
18 ~6}~a} If a rental property has twenty or fewer dwelling units, no
19 more than four dwelling units at the rental property may be selected by~
20 the local municipality to provide a certificate of inspection as long -
21 as the initial inspection reveals that no conditions exist that
22 endanger or impair the health or safety of a tenant.
23 fib} If a rental property has twenty-one or more units, no more than
24 twenty percent of the units, rounded up to the nest whole number, on
25 the rental property, and up to a maximum of fifty units at any one
26 property, may be selected by the local municipality to provide a
27 certificate of inspection as long as the initial inspection reveals
' 28 that no conditions exist that endanger or impair the health or safety
29 of a tenant .
30 ~c} zf a rental property is asked to provide a certificate of
31 inspection for a sample of units on the property and a selected unit
32 fails the initial inspection, the local municipality may. require up to
33 one hundred percent of the units on the rental property to provide a
34 certificate of inspection.
35 ~d} If a rental property has had conditions that endanger or impair
36 the health or safety of a tenant reported since the last required
37 inspection, the local municipality may require one hundred percent of
. p. 5 SSB 6459.SL
1 the units on the rental property to provide a certificate of
2 inspection.
3 te} If a rental property owner chooses to hire ,a qualified
4 inspector other than a municipal housing code enforcement officer, and
5 a selected unit of the rental property fails the. initial inspection,
6 both the results of the initial inspection and any certificate of
7 inspection must be provided to the local municipality.
8 ~7}~a} The landlord shall provide written notification of his or
9 her intent to enter an individual unit for the purposes of providing a
10 local municipality with a certificate of inspection in accordance with
11 RCw 59.1$.1506}, The written notice must indicate the date and
12 approximate time of the inspection and the company ar person performing
13 the inspection, and that the tenant has the right to see the
14 inspector's identification before the inspector enters the individual
15 unit. A copy of this notice must be provided to the inspector upon
16 request an the day of inspection .
17 .fib} A tenant who continues to deny access to his or her unit is
18 subject to RCw 59.18.150 ~8} .
19 ~ ~8} If a rental property owner does not agree with the findings of
20 an inspection performed by a local municipality under this section, the
21 local municipality shall offer an appeals process.
22 ~9} A penalty for noncompliance under this section may be assessed
23 by a local municipality. A local municipality may also notify the
24 landlord that until a certificate of inspection is provided, it is
25 unlawful to rent or to allow a tenant to continue to occupy the
26 dwelling unit.
27 X10} Any person who knowingly submits or assists in the submission
28 of a falsified certificate of inspection, or knowingly submits
29' falsified information upon which a certificate of inspection is issued,
30 is, in addition to the penalties provided for in subsection ~9} of this
31 section, guilty of a gross misdemeanor and must be punished by a fine
32 of not more than five thousand dollars.
33 X11} As of the effective date of this section, a local municipality
34 may not enact an ordinance requiring a certificate of inspection unless
35 the ordinance complies with this section. This prohibition does not
36 preclude any amendments made to ordinances adopted before the effective
37 date of this section.
SSB 6459.SL p. 6
1 Sec, 3. RCW 59.18.150 and 2002 c 263 s 1 are each amended to read
2 as follows:
3 ~1} The tenant shall not unreasonably withhold consent to the
4 ~lar~dlord to enter into the dwelling unit in order to inspect the
5 premises, make necessary or agreed repairs, alterations, or
6 improvements, supply necessary or agreed services, or exhibit the
dwelling unit to prospective or actual purchasers, mortgagees, tenants,
8 workers, or contractors.
9 ~Z} Upon written notice of intent to seek a search warrant, when a
. 10 tenant or~landlord~ denies afire .official the right to search a
11 dwelling unit, a fire official may immediately seek a search warrant
12 and, upon a showing of probable cause specific to the dwelling unit
13 sought~to~be searched that criminal ..f ire code violations exist in the
14 dwelling unit,~a court of competent jurisdiction shall issue a warrant -
15 allowing a search of the dwelling unit.
16 Upon written notice of intent to seek a search warrant, when a '
17 landlord denies a fire official the right to search the common areas of
18 the rental building other than the dwelling unit; a fire official may
19 immediately seek a search warrant and, upon a showing of probable cause
20 specific to the common area sought to be searched that a criminal fire
21 code violation exists in those areas, a court of competent jurisdiction .
22 ~ shall issue a warrant allowing a search of the common. areas~in which
23 the violation is alleged..
24 The superior court and courts of limited jurisdiction organized
25 under Titles 3, 35, and 35A RCW have jurisdiction to issue such search
26 warrants. Evidence obtained pursuant to any such search may be used~in
27 a civil or administrative enforcement action.
28 ~ 3 } As used in this section
29 ~a} "Common areas' means a common area or those areas that contain
.3o electrical,~plumbing, and mechanical equipment and facilities used for
31 the operation of the rental building, .
32 fib} "Fire official" means any fire official authorized to.enforce
33 the state or local fire code.
34 ~ 4 },~~A,search_warrant,~ma~_be_issued_~_a_ ' ud e_of,~a_su erior
35 court or a court of limited ~urisdzct,, . ~ ion under Titles 3r 35, and 35A
36 RCW to a code enforcement official of the state or of an count cit
37 or„_otherpolitical subdivision_for~the~ ur ose~of~,allowin _the
p: 7 ~ SSB 6459:SL
1 ins ection of an s ecified dwellin unit and remises to determine the
2 resence of an unsafe buildin condition or a violation of an buildin
3 .re ulation statute or ordinance.
4 ~_A_search,~warrant~,must_only_be_issued_u~.~on_a lication_of_a
5 designated_afficer_or_employee_of_a_co~ untV__or_c1tV_ rosecutin _or
6 re ulator _,autho_rtY_supported_~_an_af f idavit~,or,_declaration~,,,_made
7 under_oath_or_upon_sworn_testimonV_before,_the_ ' u~d e_~_,~stabla.shina
8 robable cause that a violation of a state or local law re Matson or
9 ordinance re ardin rental housin exists and endanaers___the health or
1 D sa f et _ of _ the tenant _ or _ ads oining _ ne ighbors . In addition the
11 affidavit must contain a statement that consent to inspect has been
12 sou ht from the owner and the tenant but could not be obtained because
13 the owner or the tenant either refused or failed to res and within five .
14 days, or a statement settin forth facts or circumstances reasonably
15 'ustif in the failure to seek such consent. A landlord ma not take
16 or threaten to take re risals or retaliator action as defined in RCw
17 59.18.2 4 o,_a ainst_a,tenant_who_~s,~consent,~to_a_code_enf orcement
18 official_of_the_state_or_of_,an~r,_„county, _,c%ty► _or_other_ olitical
19 subdiyision_to_ins ect_,his_or_her,~,dwelling~„unit_to_determine_the
20 resence of an unsafe buildin condition or a violation of an buildin
21 re elation statute or ordinance.
22 ~_In,~determinina,_,probable_cause,__the~,,~udwge_is_not~,limited_to
23 evidence_of,_specific_knowledgeL_but_mama~r_also_consider_an~r_of_the
2 4 f ollowina
25 i The a e and eneral condition of the remises•
26 ii Previous violations or hazards found resent in the remises•
27 iii The t e of remises•
28 iv The ur oses for which the remises are used' or
29 ~_The_presence_of_hazards_or_violations_in_,and~„the_ eneral
3o condition of remises near the remises sou ht to be ins ected.
31 d Before issuin an ins ection warrant the 'ud e shall find that
32 the a licant has: ~i7 Provided written notice of the date,
33 a roximate time and court in which the a licant gill be seekin the
34 warrant_to_the_owner_and, ~,if_the_applicant_reasonabl _believes_the
35 dwellin _unit,~,~or~rental,_propertV_to_be_inspected_is_in_the_lawful
36 ossession of a, tenants to the tenant • and_ ~ii~ posted a copy of the
37 natice on the exterior of the dwellin unit or rental pro~ertyto be
ssB 6459.SL p. 8
1 ins ected. The 'ud e shall alsa allow the owner and any tenant who
2 a ears~,during_consideration of the_a~plication_for_the_warrant_ta
3 defend a ainst or in su art of the issuance of the warrant.
4 e All warrants must include at least the followin
5 ~~The name of the agency and building official reauestina^_the
6 warrant_and„authorized~to_conduct_,an_~inspectian ursuant . to_the
7 warrant•
8 ii _A_reasonable_description_of,~the_premises_and_items_to_be
9 ins ected• and
14 iii A brief descri tion of the ur oses of the ins ection.
11 f An inspection warrant is effective for the time specified in
12 the warrant but not far a__period of more than ten days unless it is
13 extended or renewed bathe ' ud e who si ned and issued the original
14 warrant_upon_satisf in _himself_,or~,herselfthat_the_extension~,or
15 renewal is in the_ u~ blic_interest . The,;inspection_warrant_must_be
16 executed and returned to the ~udae b whom it was issued within the
17 time s ecified in the warrant or within the extended or renewed time.
18 After the ex iration of the times ecified in the warrant the warrant
19 unless executed is void.
2D An ins ection ursuant to a warrant must not be made:
21 i Between 7:04 .rn. of any day_and 8:00 a.m. of the succeeding
22 da on Saturda or Sunda or on an le al holida unless the owner
23 or► _if occupied the tenant s ecifies a refer,,,.,..,..,_.__ _ , _ p ~ ___..~._p „ence for inspection
24 Burin such hours or on such a da •
25 ii Without the resence of an owner or occu ant over the a e of
26 ei hteen ears or a erson desi Hated by the owner or occupant ,unless
27 s ecificall authorized b a 'ud e u~on a showin that the authorit is
28 reasonabl necessar to effectuate the ur ose of the search warrant;
29 or
34 iii B means of forcible entr exce t that a 'ud e ma ex ressl
31 ~ authorize a f~arcible entr when :
32 ~,_Facts~,are~,shown_that_are_sufficient,~to,~create_a_reasonable
33 sus icion of a violation of a state or local law or_rule relating to
34 munici al or count buildina,_,_ fire, safet environmental, animal _ .._.~y_----
con ro an . use p um lnq elect _ ^ _„_.rical, health, minimum housing, or
36 zonin standards that if the violation existed would be an immediate
37 threat to the health or safet of the tenant • or
p. 9 SSB 6459.SL
1 B Facts are shown establishin that reasonable attem is to serve
2 a revious warrant have been unsuccessful.
3 ~_Immediate_execution~,of~,a,~warrant is~,prohibited., ~ex,~ cept~when
4 ~necessar to revent loss of life or ro ert
5 ~..~.A...~~.. ep rson~who_willfull ~refuses~,to~,„ ep rmt_inspection,
6 obstructs,~inspection, or aids in the obstruction of an ,insTpection __of
7 property,~authorized_,~~warrant~issued~pursuant~to~,this„~section~is
8 sub'ect to-remedial and unitive sanctions for contern t of court under
9 cha ter~7.~1 RCW. Such conduct ma also be sub'ect to a civil malt
10 im osed b local ordinance that takes into consideration the facts and
11 circumstances and the severit of the violation.
12 ~ The landlord may enter the dwelling unit without consent of the
13 tenant in case of emergency or abandonment.
14 ~ } ~ The landlord shall not abuse the right of access or use
15 it to harass the tenant. Except in the case of emergency or if it is
16 impracticable to do so, the landlord shall give the tenant at least two
17 days' notice of his or her intent to enter and shall enter only at
18 reasonable times. The tenant shall not unreasonably withhold consent
19 to the landlord to enter the dwelling unit at a specified tune where
20 the landlard has given at least one day's notice of intent to enter to
21 exhlblt the dwelling unit to prospective or actual purchasers or
22 tenants. A landlard shall not unreasonably interfere with a tenant's
23 enjoyment of the rented dwelling unit by excessively exhibiting the
24 dwelling unit. ~ .
25 ~ } ~ The landlord has no other right of access except by
26 court order, arbitrator or by consent of the tenant.
27 ~ A landlord or tenant who continues to violate the
28 rights of the tenant or landlord with respect to the duties imposed on
29 the other as set forth in this section after being served with one
3Q written notification alleging in good faith violations of this section
31 listing the date and time of the violation shall be liable for up to
32 one hundred dollars for each violation after receipt of the notice,
33 The prevailing landlord or tenant may recover costs of the suit ar
34 arbitration under this section, and may also recover reasonable
35 attorneys' fees.
36 ~ Nothing in this section is intended to ~ abrogate ar
37 modify in any way any common law right or privilege or ~b affect the
ssB 6459.sL p. 10
1 common law as it relates to a local~munici alit 's ri ht of entr under
~ emer enc or exi ent circumstances.
3 NEW ~ SECTIGN. Sec,. 4. If any provision of this act or its
4 application to any person or circumstance is held invalid, the
5 remainder of the act or the application of the provision to other
6 persons or circumstances is not affected.
Passed by the Senate March 8, 2010.
Passed by the House March 2, 2010.
Approved by the Governor March 19, 2010.
Filed in Office of Secretary of State March 19, 2010.
p. 11 SSB 6459. SL