HomeMy WebLinkAboutITEM V-A~ °F * * Memorandum
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TO: Councilmember Bill Peloza, Chair, Municipal Services Committee
Deputy Mayor Sue Singer, Municipal Services Committee
Councilmember John Partridge, Municipal Services Committee
CC: Mayor Lewis
FROM: Kevin Snyder, AICP, Director, Planning & Development Department
DATE: October 21, 2010
SUBJECT: INFORMATION & DISCUSSION: Regulatory Information for Manufactured Homes/Mobile
Home Parks
At the Municipal Services Committee's October 11, 2010 meeting, the Committee requested background
information on state and local regulations pertaining to manufactured home/mobile home parks. The following
is a summary of some of the key tools together with information on police service calls and pertinent state
statute:
Zoning Regulations for Manufactured/Mobile Home Parks Chapter 18.09 Service Call Data from Auburn
Police Department
The City of Auburn has adopted a specific zoning designation -Manufactured/Mobile Home Community Zone
(R-MHC) -for manufactured/mobile homes located within a planned community. Chapter 18.09 [Exhibit 1] of the Auburn City Code addresses the allowability of land uses and development standards
for properties with
this specific zoning designation.
Mobile Home Park Closures
Chapter 14.20 (Mobile Home Park Closures) [Exhibit 2]of the Auburn City Code contains regulations, rules,
requirements and standards for the closure or change in use of manufactured/mobile home park communities
within the City of Auburn.
Third Party Billing Regulation
Chapter 13.52 (Third Party Billing Regulation) [Exhibit 3] of the Auburn City Code contains regulations and
standards to prevent landlords or their billing agents from billing tenants for master metered or other
unmetered utility services without proper notice and disclosure of billing practices to tenants and to protect
tenants from deceptive or fraudulent billing practices.
Manufactured/mobile home landlord-tenant act
RCW 59.20 [Exhibit 4] comprises the Manufactured/Mobile Home Landlord Tenant Act.
Classification of Manufactured Homes
RCW 65.20 [Exhibit 5] contains clarifications of the types of manufactured homes and provides a statutory
process to make manufactured homes real property by eliminating the title to a manufactured home when the
home is affixed to the land owned by the homeowner.
Additional Information
In early October 2010, Mayor Lewis received an a-mail [Exhibit 6] from Ishbel Dickens, a lawyer with
Columbia Legal Services, a nonprofit law firm that protects and defends the legal and human rights of low- income people. Columbia Legal Services had previously inquired with the City
regarding its current regulations
pertaining to manufactured/mobile home communities. City staff provided Ms. Dickens with copies of Chapter
18.09, Chapter 14.20 and Chapter 13.52. Ms. Dickens, in her a-mail expressed that Auburn seems to "ahead
of the curve" in its protections for manufactured homeowners living in land-leased communities.
The City of Seattle publishes landlord-tenant information directly on its web site [Exhibit In addition, the City
of Seattle also provides a link to a page on Washington LawHelp [Exhibit 8] developed specifically for
manufactured/mobile home tenants.
Police Service Call Reports
The Police Department has provided service call reports for 10 mobile home parks in the City limits that are
attached [Exhibit 8] along with a map showing the location of these mobile home parks [Exhibit 9].
~ Please note that only page 1 of the a-mail is being provided to the Committee. The rest of the a-mail contains the text of
Chapter 13.52 that is included as a separate exhibit to this memorandum. 2
IT 1
hapt~~• l x,09 A~N[JFACTUI~INf~~tL~ ~I~~ ~MUNITY ~~N~ Page 1 of 3
Dhapter 1 x.09
~-~iHD l~lANUF'~DTUR~DI~~B~~~ HD~E C~MI~UNI~'YZN~
ection;
~ ~ Intent.
~ .09.0~~ Lie,
~ Development standards.
~8,09.~~~ intent.
The intent of the R-MHO manufacturedlmobile home community gone is to provide a residential
gone osingle-family manufactured homes exclsive[y v~rithin planned corr~r~t~nity. It i further
intended that the R-l~H zone shall only be prescribed in those areas that are bordered ot~,
contain physical features, orshall be planned and designed as~partof a largerdevelopment
incorporating other housing types ~n manner ~rhich limits further expansion into adjacent areas.
Ord. , ~00~~
~ 8.0.00 Uses.
permitted Use Table- l~esidentlal Zoning
Designations
R~I~I-1C
~,at~d Use Zone
ll~anufacturedl~lobile P
home comn~ur~ity
H Residential accessory
P use
Manufactured11111obile
home co~munity P
accessory use
~ Keeping of not mare
than six household
pets, This limit shall
P not apply to birds, fish,
or sucking young of
pets
Home-based daycare P
Daycare limited to a
mini daycare center,
daycare center, or A
prechoollnursery
school
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P ~ern~itted Ilse
A =Use may be permitted in ditrictv~hen an administrative use permit beep issued
pursuant to the provisions of chapter ~~,4 ~1
= lase may be permitted in district ~rhen condit~onai use perr~it has been issued pursuant
to the provisions of chapter ~_.4 A~~,
~ =Prohibited
Aiso see A~~ ~ 8,~~, ~ ~0 far further rules on interpretation, ~~rd, ~9 4, Ord, ~4
~oo~.}
~.~~~~3~ Development standards.
Table ~ S.O~to30 Development standards
~ R-lUll-lD done
A Base density units per net ~0
acre}
B Minimum density units per
S net acre}
Minimum Iotarea ~s~uare
800 feet} a
D Minimum lot area per
~ r dvuelling unrt~quarefeet}
B Minimum averagelatarea
per dv~relling unit ~s~uare 4,00
feet} .
F Minimum from setback Manufactured home community street:
feet} Public or other private street; ~D
Minimum distance betvuen any manufactured home
Minimum interior side andlor accessory building and the manufactured
setback feet} home and~or accessory building on the adjoining
space:l~
H Minimum street side Manufactured home community street.
setback feet} Public or other private street:
! Minimum distance bet~ren any manufactured home
and~or accessory building and the manufactured
home andlor accessory building on the adjoining Minimum rearsetback feet}
spice:
Manufactured home community street: 8
Public or other private street:
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h~pt~r t 8.~ R-NfI~ AI~~~~~'~~~DI~~BIL~ f-~~~ ~~NI'~Y ~~N~ Pa~~ 3 3
~ R~NlH zone
J There shall be a n~inimurn of ~ a feet between any twa
manufactured hames, between any manufactured
Accessary structure ~ , hams and accessory building an ad~ain~ng spaces,
setbacks , and between any other accessary buildings an
adjoining spaces
K special setbacks for setbacks shail be the same as provided far in the
manufactured homes , • , se shall the ad~o~ning xane~ I~owever, ~n na ca
structures that abut another setbacks be less than as prescribed in this subsection.
~anrng district
~ [~aximum building height l~llain buildingF feet
feet} Accessory building: feet
A sic-foot high screened fence shall be constructed
around the perimeteraf the community,
Forthase community boundaries that abut a public Fences and hedges I1 a k feet and the 0-foot
street the fence sha set b c
setback area landscaped with Type 111 landscaping
see ACC ~ S,a~ far landscaping type}.
N supplemental R-NihlC
fee ACC de~eloper'at standards
~ landscaping fee Chapter" ~8.5a~~
~ Parking fee Chapter ~8~5~ ACC
Q signs fee Chap#er ~ 8~5 ACC
~ . All rninin~urn lot widths, setbacks, and landscaping strips are subject to demonstration that
all required utility infrestr~cture, access requirementsr and street elements are provided for in
accordance with city desig~► and canstruction standards. i
llllinin~urn site area far development of the manufactured hams park orcommunity. ~
~~rdr i~V Y ~~V~r i V II7 i
This page of the Auburn City Cade ~s current through City website; f~ttp.~~vuww~~~rb~rnwa~~ovJ Ordinance ~~9~, passed February ~~1~, City Telephone: X25} 9f-~0~0
Disclaimer; The City Clerk's Cffioe has the of=ficial version of the Code Pub~ish~ng Corepany
R~bure City Code, Users should contact the City Clerk's ~t"fice for ordinances passed subsequent to tie ordinance cited above,
littp:llwww.codepublishing,coin/ a/Auburn/auburnI 8/auburn 1809.litml 10120/2010
i
haptex~ OGLE HOIVt~ ~A~ ~~~E gage of5 .
chapter ~4=0
N~OB[LE HOl~1E PAR~C LO~JRE
ectians~
~~4.~~.~~0 Purpose,
~ 4,2a,a~D scope,
1 ~4~~~.~0 Enforcement - irrspect~an,
~4.~g.g4g ~xceptians.
~4.2D,gg penalties.
~4.~~.0~0 Liability,
~f4,0,g7g eviction notices for change of use orclosure of a mobile home park.
~ 4.~0.~8a Relocation report and plan,
~~.~O.D90 Certificate of completion of the relocation report and plan,
~~,2g.~ ~0 Native of provisions,
~ ~,~0. ~ ~ 0 Administration.
4,~D,~~ appeal,
~ 4,~~. ~ 30 clasure and government sponsorship,
~ Purpose=
The purpose of this chapter is to provide rules, regulations, requirements, and standards far the
closure or change of use of mobile home parks in the city, insuring that the public health, safety,
and general ~velfare of the city shall be promoted and protected; that orderly gro~rth,
developr~ent, and proper use of land shall be insured; and that conformance v~rith provisions set
forth in the city comprehensive plan are fallov4red, {Ord, a74~ ~gg~,}
~4=2~~~~~ scope.
This chapter applisto the clasure ar change in use of mabile home parks, This chapter shall
appiy to all lands v~ithin the corporate boundaries of the city, vUhere this chapter imposes greater
restrictions orhigherstandards upon the development of land than other laves, ordinances,
codes or restrictive covenants, the provisions of this chapter shall prevail. {Ord. a~4~ ~ , ~Og3.}
~►4=~0=ODD Enforcement- ~npect~on.
Regarding the closure of mabile hame parks, itshali be the duty afthe planning directorta
enforce the applicabie pro~risions ofthis chapter, The planning director and~or hither designee
may inspect any mabile home park in ordertoverify compliancevuith this chapter failure to
make such inspection sha11 not constitute ~ v~aiverof any of the provisions of this chapter, for
inspection purposes, the planning director andlor hisfher duly authorized representative shall
have the right and i hereby empovuered to enter any mabile home park. {Ord, S~~ ~ , ~0~.}
~~4.~p=Q4~ Exceptions.
Upon proper application by the affected property ov~ner to the city's hearing examiner, pursuant
to the provisions o~ the auburn City Code {~CC~, and fallov~ing a public hearing on the
application, the hearing examiner may grant an exception ~rarn the requirements of this chapter
vuhen undue hardship may be created as a result of strict compliance pith the provisions of this
chapter, In deciding any exception, the hearing examiner rrray prescribe conditions that he~she
deems necessary to ordesirable forthe public interest, Na exceptions shall be granted unless
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chapter 14.~D MOff ~.AR ~~Uf ~~e ~ of 5
the hearing examiner finds that;
A. There are special physicai circun~stnces or conditions affecting the property such that the
strict appiicatian of the provisions of this chapterwould deprive the applicant of the reasonable
use or development of his land; and
B. The exception is necessary to insure such property the rights and privileges enjoyed by other
properties in the vicinity and under similar circumstances; and
. The granting of the exception will not be detrimental to the public health, safety and welfare ar
injurious to the property in the vicinity, ~~rdY 74~ ~a03,}
~4.O.O~I~ ~enalt~e.
Any person, firm, corporation or association, ar eny agent of any person, firm, corporation ar
association who violates the provisions of this chapter shail be guilty of a misdemeanor and
upon conviction be subject to a fine not to exceed ~,Oaa far each such violation, ar
irr~prisonment for a period not to exceed g days, ar both such fine and in~prisanrnent. ~rdY
574 ~ , ~Og. }
~ 4.~Q#a~~ l~~ahllity.
This chaptershail not be construed to relieve from or lessen the responsibility of any person
closing a mobile Name park in the city far damages to anyone injured ar damaged either in
person ar property by any defect therein; nor shall the city ar any agent thereof be heid as Y Y i ~ i
assuming such I~ab~l~ty by reason of any preliminary or#inal approva! or by issuance of any
ermits or certificates authari~ed herein. ~~rdY 74G ~g~~.} p
~ ,~a~0~'~ ~v~atlon voice for charge of use ar ~lvsure of a mobile hone ~a~k.
A. Before a mobile home park owner may issue eviction notices pursuant to a closure ar change
of use under chapter 5g,~ i~vll, the mobile hame park owner must first submit to the planning ~
and deveiopment department ~ relacation report and pion that meets the requirements of A
IYF+Yf~~Y., if applying far a change of use, the mabile hame park owner shall submit the
relocation report and plan togethrwith all other necessary appiications. once the pianning i
director determines that the relacation report and plan meats the requirements oi' A
~ ~4Y20YO~a, the planning director shall approve the relacation report and plan and return a copy of
the approved plan to the mabile hame park owner. If the planning director determines that the
relacation report and plan does not meet the requirements vfA ~ [,~VYVYY, the planning
director may require the mabile home park ownerta amend arsupplement the relacation report
and plan s necessary to comply with this chapter before approving itY
B. No saonerthan upan approval of the relocation report and plan, the owner of the mabile hame
park may issue the ~ 2~month closure notice to the mobile hame park tenantsY The closure notice
shall comply with ICI .2a,a8~ and 59.2 ,a~g, as arended~ No mobile home owner who
rents a mabile home lot may be evicted until the ~ 2~rnonth notice period expires, except
pursuant to the state ll~obile Home l_andlard-Tenant Act, chapter g.~4 R~V1{Y ~~rdY ~~87
~a~ D; ord. ~OD3.}
~ ~,~D,O8~ l~elocatian report and pl~ni
A. The relacation report and plan shall describe hawthe mabile hame park owner intends to
compiy with chapters 9.~ and YYYY~Y~ I~~I, relating to mabile home relacation assistance{ and
littp:1/vnvxv,codepu lishing.coiii/wa/ uburn/AuburnI4/Atib rn1420.li mi 1012012010
t~at~tez~ 1 ~.2D OB~L~ ~I~ME PARS LOURS lac 3 of
with ACC ~~4.~0,0~~ thraugh ~~.~0,~~0. The relocation report and plan must provide that the
mobile harm park owner wil{assist each mobile home park tenant household to relocate, in
addition to making any state or federal required relacatian payments. such assistance must
include providing tenants an inventory of relocation resources, referring #enants to alternative
public and private subsidized hauling resources, helping tenants obtain and complete the
necessary application forms far state-required relocation assistance, and helping tenants to
move the mobile homes from the mobile, hams park. Further, the relocation report and plan shaCC
contain the following information;
~ ~ The name, address, and farnify composition for each mobile i~orne park tenant
household, and the expiration date of the Cease for each household; .
Tl~e conditiorr, sire, ownership #atus, IUD andlor state department of Labor and
Industries certification status, and probable mobility of each mabile home occupying a
mobile hams la#;
. Copies of all lease or rental agreement farms the mabile hams park owner currently has
in place with mobile home park tenants#
. To the extent mabile home park tenants voluntarily make such information available, a
confi~Cential listing of current monthly housing costs, including space rent, mabile horns rent
or other payments and utilities, far each mabile home park tenant household;
To the extent mabile home park tenants voluntarily make such lnforn~ation available, a
confidential listing of grass annual income far each mabile borne park tenant household;
An inventory of relocation resaurces, including available r~obile home spaces in King,
nohamish, I~itsap and Pierce Counties, as well as mabile home age orsize restrictions
eac[~ park nnay have in place;
Actions tk~e mobile han~e park ownergill take to refer mobile home park tenants to
alternative public and private subsidized hauling resaurces;
8. Actions the mobile hams park onerwilC take to assist mabile home park tenants to
move the mabile homes from the mabile home park;
9.Other actions the ownerwilC take to ~rini►ize the hardship mabile home park tenant
househoCds suffer as a result of the closure ar conversion of the n~obiCe home park; and
~ D, A statement of the anticipated timing far park closure.
~F The planning director may require the mobile home park ownerto designate a relocation
coordinator to administer the provisions of the relocation report and plan and work with the
mabile home park tenants, the planning and deveCapment department, and other city and state
offices to ensure compliance with the relocation report and plan and with state laws governing
mabile hams park relocatian assistance, eviction notiflcatian, and Candlordltenant responsibilities.
C. The ownershalC make availableta any mobile home park tenant residing in the mabile hams
park copies of the praposeaC relocation report and plan, with confidentiaC information deleted,
Within ~4 days of the planning director's approval ofthe relocation report and plan, a copy of the
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Chapter{ f NO~f PAS LO~JR.~ Page ~ of 5
approved relocation report and plan shall be mailed the awnerto each mobile home park
tenant.
D, The mobiie home park owner shall update with the planning and development deparent the
information required under this section to include any change of circumstances occurring after
submission ofthe relocation report and plan that affects the relocation report and plan's
implementation. ~~rd. ~Sl , ord. a~4~ ~~0,}
~~4.~~.~9D Certificate of completion of the relocation report aid play, .
No mobile have park owner ray close a mabile home park, or obtain final approval of a
comprehensive plan orzaning redesignativn until the mobile home park ownerobtain a
certificate of completion from the planning and development department. The planning director
shall issue a cerkificate of completion only if satisfied that the owner has complied with the
provisions of an approved relocation report and plan, the eviction notice requirements of
9,~.D~~ and ~.~.O~a, the relocation assistance requirements of Rw ~g,~~,0~~, and any
additional require rents imposed in connection with required city applications ~~rd. 6~8~ 2,
~0 ord. 1, ~a~3.}
~4.~.~~0 Notice of pro~lsian.
It is unlawful for any party who is required to submit a relocation report and plan to the city
pursuant to this chapter to sell, lease or rent any mabile home ar mobile home park rental space
without providing a cagy of such relocation report and plan to the prospective purchaser, lessee,
ar renter, and advising the same, in writing, of the provisions of A ~4.~0.0~0 through
~4,~~.~2~ and the status of such relocation report and plan. ~~rd. 5~~4 ~a.}
~ 4,2D.~ ~ ~ Adrr~in~stratlon.
The planning directar shall administer and enforce A ~4~2~_._O~D through ~4F2a,~~D. ~11lhenever
an owner or an owner's agent fails to comply with the provisions of A~ ~4.~0,0~0 through
~ ~.~0. ~ ~o, the fallowing nay occur;
A. The piann~rrg director may deny, revoke, or condition a certificate of co~►pletion, a permit, or
another approval;
B, Any other city permits or approvals may be conditioned on the avuner's successful completion
of remedial actions deemed necessary by the planning directarto carry out the purposes ofA~
through ~4.Z0.~~0, {ord. 5~4~ `l,
~ 4.~~.~ ~0 Appeal.
Any appeal from arr administrative deterr~ination under ABC ~4~~~.a`~a~A}, ~4._0.49~, and
~4,~.~_~_~~A} shall be filed within ~4 days of the determination and shall be processed in
accordance with the procedures established far appeals of administrative decisions under ABC
~ 8.70.D0, ~~rd. ~O~S; ord. 5~4~ ~ , ~a~.~
~4.~~.~~~ Closure and gorrer~r~ent sponsorship.
A. lfan eminent domain action bya federal, state ar local agency causes closure of a mabile
home park and the procedures set forth in the Federal Urrifarm Relocation Assistance and Real
Property Acquisition Policies Act, U et sag,, and the regulations of 4S MFR Part ~4 ar
the Relocation Assistance -Real Property Acquisition Policy Act of chapter 8.~~ RV1~ and the
regulations of chapter OD wAC are followed, the requirements of thane acts and
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~aptci~ f 4.~ ~~IL~ HOII~~ PARK. CLR~ Page 5 of 5
reultions gill supersede the requirements of ACS ~ ~.0.0~4 through ~ 4.~g.1
if a c~ndemr~ation action o~ the city causes cfosure of ~ mobile home pare, the city will be
responsible for fulfilling the requirements of the standards contained herein, if the city chooses to
follow portions of the state act and regulations and the planning director determine that there is a
conflict or redundancy between the portions of the state act and regulations being fallovued by
the city, and the standards contained herein, the state act shall take precedence in such areas of
conflict yr redundancyt ifthe state act is followed in all respects, such act will supersede the
requirements of this section and the standards contained herein. Ord, ~74G ~ ~ X003.}
Tb~s page of the auburn City Code is current through City webite: ilttp;~~w~vw,au~urnwa~gavJ Drd~nance G~92, passed February City ~'efephor~e; ~~~3} 9~~-OaO
Disc~airrxer; Tk~e City Clerk's ~i:i:ice his the e~fic~al version oi` the Cade Fab~ishing Co~pany
Auburn City Cade, Users shaufd contact tie City Cierk's 01=~ice far
ordinances passed sabsequent to the ordir~ar~ce cited above,
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ha~~ex413 a~ ~tRD PART' ~~~,Lf ~r RECt~~,ATtoI~ ae ~ of S
chapter ~ 3.~
THIRD PARTY BILLING R~I~LATttV
Sections;
~ ,~,o~ 0 Short title and purpose=
~.5~.0~0 Definitions,
_._52,DD l~rvhibited billing practices.
~ .~~040 Billing requirements,
~__._52,0~0 Dispute resolution and rerr~edies,
~ .~~.0~ D chart tithe ar~d purpose.
A. This chapter may be knovun and cited as the "third party billing regulation" chapter. The
general purpose of this chapter is to prevent landlords, either therr~selves or through a third parley
billing agent, from billing tenants far master metered or other unmetered utility services without
proper notice anal disclosure of billing practices to tenants, and to protect tenants Pram deceptive
or fraudulent billing practices, and to these ends the provisions of this chapter shall be liberally
construed.
B, Nothing in this chapter shall be construed to prevent a landlord frar~ including tenant's cost
of master metered or other unmetered utility services within the rent set forth in a rental
agreement, and the practice of including such cast within a tenant's rent shall not be considered
a billing practice or rnethodolagy affected by the provisions of this chapter. ~~rd. 5084 ~ ,
l.,.aa~. ~
~ ~.5~.~~0 Def~nit~ons.
As used in this chapter, the fallowing definitions apply
A, "Billing entity" means the landlord or third party billing agent, as the case may be, responsible
for biking residential multi-unit building tenants for nester metered orother unmetered utility
JJ i ■ i
i
{ B. "Disclosure" means providing tenants u~ith complete and accurate ~rritten information in a
clear, concise, and understandable manner in aCl natives required underthis chapterand on
each bill presented from the billing entity tatenants~
"L,andlord" r~eans a "landlord" as defined in and vuithin the scope of R~IIf 59, ~ 8.080 and
9, ~ 8.040 of the Residential I~andlard Tenant Act of ~ 9~3 ~"RLT~"} in effect at the time the rental
agreement is executed, and shall also mean the o~rnr of a mobile borne park. At the tune of
passage of the ordinance codified in this chapter, R~.TA defined "landlord" as "the owner, lessor,
ar sublessor of the duvelling unit or the property of which it is a part," and includes "any person
designated as representative of the Landlord," including the operator of the residential facility
and~or mobile borne park, representi~rg, ~rorking far and on behalf of the o~unerllndlard as
defined herein.
D, "Faster metered utility service" means a utility service supplied to more than one unit in a
multi-unit building and measured through a single inclusive retering system.
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hapte~~ ~ ~.~2 `~~fIRD PAI~'~'Y ~ILI1INCr R~f~~~~IN ~c ~ ~f S
"IVlethadalogy" refers to any method, technique, ar criterion used tv apportion to tenants'
charges billed tothe landlord by the utility formster metered utility service or unmetered utility
service, including but not limited to ratio utility billing systems, installation ~f subrnetering, and
hot water metering.
F~ "Multi-unit building" refers to ~ residential building orgraup of buildings which may include a
mobile hams park} with three or more tenant unitswith a master metered utility service or
. unmetered utility service, such a solid waste collection, that is provided tothe building orgraup
of buildings as awhole~
. "personally identifiable information" means specific information about a tenant, including but
not limited to the tenant's Social Security number, birth date, mother's maiden name, banking
data or information, ar any other personal ar private infQrmatian~
H. ;`Ratio utility billing system" ar "RUBS" refers to any rnethodaloy by which the cast of raster
metered ar other unmetered utility service provided to tenants and common areas of a multi-unit
building is apportioned to tenants through the use of a fornvula that estimates the utility usage of
each rental unit in the building based on the number of occupants in a unit, numberaf bedrooms
in a unit, square faota~ge of a unit, or any similar criterion.
1. "Rental agreement" means a "rental agreement" as defined in and within the scope of RvU
~9. ~ 8.~0 and ~9. B,g~D of the Residential Landlord Tenant Act RLTA} in effect at the time the
rental agreement is executed, and i deemed to include any month~to~month tenancy
arrangement, whether written or oral. At the tim~re of the passage of the ordinance codified in this
chapter, the RLTA defined "rental agreement" as "all agreements which establish or modify the
terms, conditions, rules, regulations, or any other provisions concerning the use and occupancy
of a dwelling unit,"
J "Service charge" refers to any charge orfee impaled by the billing entity #o cover the casts of
providing or administering the billing practices, regardless of the label applied to such charge or
fee.
I~. "Tenant" means a "tenant" as defined in and within the scope of RvV ag. ~ ~.~0 and
. ~ 8.~4~ of the RLTA in effect at the tune the rental agreement is executed, and shall also
mean a tenant of a mobile have park. Atthe time of passage of the ardinance codified in this
chapter, the RLTA defined "tenant" as "any person who is entitled to occupy a dwelling unit
primarily far living or dwelling purposes under a rental agreement"
L. "Billing practices" refers to the practices of a landlord ar third party billing agent, s defined
herein, that bills residential multi-unit building tenants far the purpose afappar#ioning master
metered another unmetered utility services provided to the buildings} as awhole, either by
directly submetering tenants' usage orby otherwise apportioning such utility services rang
tenants, and also refers to an}v practices related thereto, including but not [invited to collecting,
using or disclosing tenants' personally identifiable information ~atherthan name and address,
attempting to collect unpaid amnount from tenants, verifying tenants' credit, and reporting unpaid
balances to credit reporting agencies
III[. "Third party billing agent" refers to any entity retained ar authorized by a landlord to bill
tenants for master metered or other unmetered utility service on behalf of and as the agent of a
littp://Nvww.codepublishing.cOti-iI a/Auburii/auburn13/auburn1352. tml 1012012010
~ap~~~~ 1,~ ~`HfR~ PA~.`~~ B~~f1f~Cr ~~~J~ATI~N gage 3 ofd
landlord,
N, "Utilities' ar "utility services}" refers to water, serer, storm water, and solid ~raste servicesF
~~rd. g8~ ~ , 2807,}
~ 3.52.~~0 ~rohlbited billing practices.
A~ It i a deceptive and fraudulent business practice forany landlord arthird party billing agent to
bill tenants separately for utility services except a permitted in this chapter.
B, It i a deceptive and fraudulent business practice for a landlord to engage, retain, or authorise
a third pa~Y billing agent who does not comply with the requirements of this chapter, and a
landlord shall be liable farthe actions engaging, retaining, or authorising a third party billing
agentwho does not complywith the requirements of this chapter.
~s of the effective date of the ordinance codified in this chapter, no landlord may disclose to a
third party billing agent a tenant's personally identifiable information under any circumstances;
provided, however, that nothing in this chapter shall prevent a landlord from disclosing a tenant's
name and address to a third party billing agent forthe purpose of engaging in permitted billing
practices.
A third party billing agentv~ho, prior to the effective date of the ordinance codified in this
chapter, has obtained any tenant's personally identifiable information ~otherthn name and
. address} shall not use, sell, oonvey, or otherwise disclose that personally identifiable information
to any other person, except as expressly permitted in this chapter, and must destroy ell such
information upon a tenant's request, when the tenancy terrr~inates and the account is paid, or
when the landlord terminates the third pasty billing agency relationship,
E. No third party billing agent may inform a credit reporting agency of claim against a tenant
except as expressly permitted in chapter ~ ~ Rv11, regardless of whether the third party
billing agent is licensed by the state pursuant to that chapter. ~~rd, ~DB~ 1, 2007,}
#x.040 ~iiiing requirements.
A~ A landlord may, itselfarthrough a third party billing agent, bill tenants for master metered or
other unrrtetered utility services, including electric service provided to tenants of n~ultiyunit
buildings; provided, that the follo~rin requirements are met:
~ ~ Notice, filling practices may be adapted only upon advance written notice to a tenant as
part of a near ar reneged rental agreement ~renant must receive such written notice at
least g0 days before expiration of their rental agreements, or, in the case of manthyta~ .
month tenancies, at least 9~ days before any such billing practices may become effective.
Nvtv~ithstanding the foregoing tv~o sentences, if billing practices are already in place at the
time the ordinance codified in this chapter becomes effective, written notice must be given
~rithin 3~ days of the effective date of the ordinance codified in this chapter.
lUlethodalagy. The notice required under subsection ~A}~~ } o~ this section must include a
copy of this chapter and a detailed written disclosure of the methodology used by the billing
agent to allocate the charges to each tenant, including the methodology used to allocate
utility services forcamman areas of the building, along with all atherterrrr and conditions
of the billing arranger~ent. lfsubmetering is used, the native required under subsection ~A}
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of this section shall also include descriptions of the location of the subrneter and of the
access requirements, if ar~y, required by the landlord far access to tenant units for submeter
installation, reading, repair, maintenance, or inspections, including removal of the submeter
for testing, consistent with the provisions of ~CVV 9,~ ~~1 D of the ALTA. An additional
written notice must also be given at least ~ days prior to the due date of the next rental
payment in order to irnplerrrent a change in billing agents, apporkionrnent methodology,
fees, or other terms and conditions of the billing arrangement,
Posting of Information,
a~ In addition to the written notification required by subsection ~A}~~} of this section, any
landlord employing billing practices shall post in a conspicuous public space in the
interior of the building copies of the three most current utility bills.for master retered or
other unmetered utility services provided to the building as a whole that are included in
the bill sentto the tenant, together with awritten description of the methodology used
to allocate each such utility service and a copy of this chapter. The landlord shall also
past the provisions of this chapter in a conspicuous public space in the interior of the
building.
b. vl~here such postings are physically impracticable due to the absence Qf a suitable
conspicuous public space, a landlord may satisfy the pasting requirements by hand
delivering or mailing to each o~ the tenants a paper copy of the written notification
required by subsection ~A}~~} of this section, togetherwith awritten description of the
methodology used to allocate each such utility service and a copy of the provisions of
this chapter. In lieu of posting the three roost current utility bills for master metered or
other unmetered utility services provided to the building as a whole that are included in
the bill sent to the tenant, the landlord must make such utility bills available upon
request within five business days and must inform tenants in the written notification
required by subsection ~A}~} of this section of the method by which they may request
such utility bills.
c. landlords shall keep bills for master metered ar other unmetered utility services on
f ile in the building for at least t~vo years end shall make such bills available to tenants
farinpection and copying upon request, ~111here it is physically impracticable to keep
such bills on file due to the absence of a suitable office or other storage space, a
landlord may stare the bills in another location and must make such bills available
within five business days of receiving a requestfrom a tenantF
4, limitations on Charges, The total of all charges for any utility service included in the bills
sentta all units cumulatively shall not exceed the amount of the bill sent by the utility itself
far the building as a whale, less any late charges, interest or other penalties awed by the
landlord, with the exception of the following, which may be included in each bill covering an
independent unit within the multiunit building:
a. A service charge of no more than $~.Oa per utility per rnanth, not to exceed a
cur~ulative service charge o~.aa per month forallthe utilities included in an}~ bill.
b~ date payment charges of no rore than 5.g0 per month plus interest at a rate not to
exceed one percent per month, which late payment charge shall not accrue until at
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~~a~c~~ ~~t~ P.~~.~~ BtL~,r~ R~LA'~f~I~ gage ~ of $
least 0 days afterthe tenant receives the bill, .
c. Insufficientfunds checkcharges fordishcnared checks, Hotta exceed ,gg per
dishonored check
. t.icensing of Third Party Billing Agents, Any third party billing agent must be properly
registered and licensed to do business in the state of vVashingtan ar~d city of Auburn and
must be in compliance uvith all applicable vVashingtan state and Auburn lames and
regulations, and all applicable vUashington and Auburn license identification numbers, if
any, must be disclosed upon request,
content of Bills. Each billing statement sent to a tenant by a billing entity must disclose
all required information in a clear and conspicuous manner and at minimum must;
a. [nc[ude the name, business address and telephone number of the billing entity;
b. Identify and shop the basis far each separate charge, including service charges and
late charges, if any, a a line item, and sho~r the total amount of the bill;
c, If the building units are submetered, include the current and previous meter
readings, the current read date, and the amount consumed for estimated to have been
consumed if Auburn has provided the landlord ~uith an estimated bill};
d, specify the due date, the date upon ~uhich the bill becomes overdue, the amaunt of
any [ate charges or penalties that may apply, and the date upon vuhich such late
charges or penalties nay be imposed;
e. Identify any past due dollar amounts;
f, Identify a mailing address and telephone nur~ber farbilling inquiries and disputes,
identify the entity responsible for resolving billing inquiries and disputes and its
business hours and days of availability, and describe the process used to resolve
dis utes related to bills asset Earth in this cha ter; and p p
g, [nclude a statement to the effect that `;this bill is from landlord name] and not from
Auburn Public Utilities."
Protection of Personally Identifiable Information.
a. Athird party billing agent~uha, priorta the effective date of the ordinance codified irr
this chapter, has obtained a tenant's personally identifiable informatian shall take such
actions a are necessary to protect such personally identifiable information and to
prevent its use or disclosure except a expressly permitted in this chapter,
b, A third party billing agent vuha, prior to the effective date of the ordinance codified in
this chapter, has obtained a tenant's personally identifiable information may disclose
such personally identifiable informatian only to the extent necessary to render its billing
services,
c. To the extent required by federal, state, or loco[ [av~, a billing entity r~a~r disclose
littp;llwww.co epubli liiii .coiii/wa/AuburiiJa-Liburn13/ ubtim1352.html 1012012010
ha~te~F 1~,5~ T~tRD PARTY ~~LLIN R~f,►AT~OI~ t'ae ~ of S
personally identifiable information in its possession ~i} pursuant to suFpoena or valid
court girderauthori~ing such disclosure, or~ii} to ~ governmental entity:
8, f stim~ted Billing. If Auburn has billed the landlord using an estimate of utility service
consumed, the billing agent nay estimate the charges to Fe billed to tenants until billing
based on actual consumption resumes Upon receipt ova corrected bill slowing that the
estimated bill overstated charges, the landlord must refund the difference to tenants. Upon
receipt of a corrected bif l showing that the estimated Dill understated charges, the landlord
may attempt to recover the underpayment from the tenants that actually incurred the
charges during the Filling period, but shall not attempt to recover an underpaymentfron~ a .
tenant who did not reside in the unit during the billing period in which the charges were
incurred,
9. ubmetering, ubmeterin is permitted as a way ofallacating master metered utility
services to tenants provided the following conditions are met.
a, The ubmeters must be read prior to each billing.
b. A landlord may not enter a unit~ri#hout, and a tenant may not unreasonably
withhold, consent to enterthe unit in order to perform sub-meter installation, reading,
repair, nnaintenance, and inspection, including removal of the submeterfortesting;
providedt however, that a landlord may enter a unitwithaut a tenant's consent in the
case of a submeter leaf or emergency related to that unit's subn~eter.
cF If a tenant contests the accuracy of the submeter, the tenant shall have the option of
demanding an independent test of the meter by a cerkified testing company. if the
meter readswithin alive percent range o~accurcy, the tenant requesting the test shall
pay the cost of the meter test, If the meter reads outside a five percent range of
accuracy, the landlord shall pay for the cost of the meter test and within ~ days refund
any overpayments for the past three months Faced on a recalculation of the past
year's billings by correcting forthe inaccuracy of the submeter. ubmetering thereafter
shall only Fe permitted with a repaired subn~eter,
B. Nothing in this section shall be construed to prevent a landlord from addressing billing of
master metered or other unr~etered utility services in a written addendum to a lease. A lease
addendum may be used to give the native required under subsection ~A}{~ } of this section, so
long as the lease addendum is provided to the tenant with the notice required under that
subsection{ and so long as all other requirements of this chapter are satisfied. ~rd~ X084
~~.0~ Dispute resolution and remedies:
A, A dispute regarding the amountofcharges orotherterm and conditions contained in a bill
shall be resolved as follows:
1. The tenant must notify the billing entity of the nature of and reason for the dispute by
calling the number shown on the bill or by writing letter to the billing entity within 0 days
of receiving the Fill. The tenant rust have a good faith basis for any such dispute,
vUithin 0 days of receiving notice of a billing dispute, the billing entity must contact the
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chapter ~ 3;5~ ~'k~~tR.D PARTS ~fL~,f~ C~~,A'~r~~ gage 7 of S
tenant to discuss the dispute, and the billing entity and tenant rust deterrr~ine the amount
of disputed and undisputed charges. The tenant must pay all undisputed charges within ~
days of reaching agreement with the billing entity,
. No late fees or interest charges shall accrue on any disputed portions of a bill while the
amount is being resolved in accordance with subsections ~A}~~ }and of this section, and
no collection activity related to the disputed portions of a bill may be instituted against a
tenant that has notified the billing entity of a dispute in accordance with this chapter,
4. The tenant and billing entity shall continue to discuss in goad faith any remaining
disputed amounts and attempt to reach an agreement on the amount due, if any, within g
days of the billing entity's receipt of notice of a billing dispute. if a tenant is unable to reach
a satisfactory resolution of any portion of a disputed charge within the allotted time, the
tenant may exercise any of the remedies set forth in subsection of this section or any
other available remedies; provided, however, that if within ~ days of the billing entity's
receipt of notice of a billing dispute, the tenant has not either exercised one of the remedies
set Earth in subsect~an B ofthis section or paid the remaining disputed amounts, the
landlord may exercise any legal or equitable remedies available to it to cvllectthe unpaid
annaunts; and provided further, that nothing in this subsection shall be construed to deprive
a landlord of its right to exercise any legal or equitable remedies available to it against a
tenant that has not paid any undisputed charges, has not followed the procedures set forth
in this section, or has not exercised goad faith in disputing a charge.
B, If a tenant believes that it has been orwil[ be subject to billing practices that violate any
provision set forth in this chapter, including the failure to can~plywith the notice requirements of
A~ ~ .5~.g4D{A}~~}, the tenant may, at its option, file a complaint against the landlord with the
hearing examiner or institute a civil action against the landlord, as falla~r:
~ ~ The hearing examiner is hereby vested with the authority to hear and resolve, In a timely
manner, tenant complaints against landlords regarding billing practices in accordance with
its rules and procedures then in force governing contested cases. Thefiling fee forsuch a
case shall be set at ~~00. Ltpon the finding of a violation of this chapter, the hearing
examinerhall award actual damages ~inc[uding but not limited to refund of any
overpayment or other fees ar charges resulting from such violation, and casts of pursuing
i the claim} and a penalty of ~O.OD, and may permit the tenant to terminate the rental t
agreement by written notice in accordance with RU~I fig, ~ 8,94. If the hearing examiner
determines thatthe landlord engaged in prohibited billing practices in deliberate violation of
this chapter, the penalty rnentianed in the preceding sentence shall also award attorneys'
fees to the tenant. ~ final order or decision of the hearing examiner may be subject to
judicial review in the Ding bounty superior court in accordance with the hearing examiner's
rules and procedures.
In the alternative, a tenant may institute a civil action against the landlord ~1pon a finding
that the landlord engaged in billing practices that violate this chapter, the court shall award
actual damages including but not limited to refund of any overpayment of other fees or
charges resulting from such violation} and cost of pursuing the clairn~ and a penalty of
~ 44,44, and rr►ay permit the tenant to terminate the rental agreement by written native in
accordance with Rtly ~9. ~ , 494. if the court determines that the landlord engaged in
prohibited billing practices in deliberate violation of this chapter, the penalty mentioned in
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the preceding sentence shall be ~OO.~g, and the court shall also award attorneys' fees to
the tenant}
3. loo late fees or interest charges shall accrue on any disputed portions of a bill while the
emount is being resolved by the hearing examiner or court, and no collection activity or
unlawful detainer action alleging default in the payment of rent related to the disputed
portions of a bill may be instituted against a tenant that has filed a complaint with the
hearing examiner or instituted a civil action in accordance with this chapterwhile the
amount is being resolved bythe hearing exan~ineror court If the hearing examiner orcourk
resolves the dispute and finds that a tenantthat has not ected in good faith in asserking a
billing dispute, the hearing examiner or court gay orderthe tenant to pay late fees andlor
interest charges on carne or ail of the disputed pardons of the bill.
4, A land~ard shall not pass on, charge, or otherwise allocate to tenants, in any manner
whatsoever, any dareages, fine or penalty {including attorneys' fees} that the landlord is
ordered to pay underthis chapter.
1
. The e~cistence of an unresolved or pending billing dispute does not relieve a tenant of the
tenant's obligation to pay in a timely fashion all undisputed charges, including thane undisputed
charges that accrue afterthe dispute resolution procedures of this chapter have been
commenced, ~~rd. 4~4 a0~~}
1
This page of the Aubu~~ city Code is current though Ci~y 1Nbsit~~ http;~~www,auburnwo.gov~
Ordinance ~29~, passed February 210. City Telephone: ~253~ 93f-3~0~
pisclaimer: Tho City Clerk's ~fiice his the official version of the Code Publishing Company Atrborn City Code Users should contact the City Clerk's Offico for
o~dir~ances passed s~rbsequenfi to tho ordinance cited abovo,
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Cha~tctk ~9~~D a~~~factur~~lt~~obil~ horr~~ 1.~~ord-te~~nt act ~fo~•rr~~~;l~ ~n~bl~e ~lot~~e a... P~ ~ of 1
Chapter X9.20 RCVU
Manufacturedlrnob~~e dame ~and~ord~tenant act
~farmer~y mobile home fand~ord~tenant act}
RC Sections
59.~0.0~0 Bhort title.
9.g,o20 Rights and remedies obligation of good faith required.
~9.~~,D30 Definitions.
59,~~.Q4g Chapter applies tv rental agreer~ents regarding mobile home lots, cooperativef or subdivisions
Applicabiilty of and construction ~uith provisions of chapters 9. ~ ~ and fig, ~ ~ R~IV~
5,2g,~~# Enforceability of rules against a tenant.
5~,~~.05D ~111ritten rental agreement for term of one year or more reu[red vllaiver Exceptions --Application of
section.
g.~O.o~ Rental agreements Required contents Prohibited provisions.
9.~~.0~0 Prahib[ted acts by landlard.
a.~g~D7 Transfer of rents! agreements
~9.~0.0~4 Rent --Liability of secured party Frith right to possession
g.~D~~7~ !'resumption of reprisal or retaliatory action.
~9.~0,~8~ grounds for termination of tenancy or occupancy or failure to renevu a tenancy or occupancy --Notice
Mediation.
~g,~g.~gq Tern of rental agreements y+ Rene~ai Nonrene~ral Termination --Armed farces exception Notices.
59,~O.~o~ Improvements.
59.0. ~ ~ 0 Attorney's fees and costs,
59,2D. ~ 1lenue~
59.0. ~ Duties of landlord,
~9,2Da ~ 35 Maintenance of permanent structures -y Findings and declarations Definition,
59.~~. ~ 4~ Duties of tenant.
59,0. ~~5 Live~in care provider Not a tenant y~ Agreements guest fee.
59.20. ~ service of notice an landlord or tenant.
59.20. ~ 55 Seizure of illegal drugs Notification of landlord. i
59,20.~E0 1'~oneys paid as deposi# or security far performance by tenant lll~ritten rental agreement to specify terms
and conditions for retention by landlord.
59.0.E ~4 Moneys paid a deposit or security for performance by tenant Deposit by landlard in trust account Receipt --Claims.
59.29. ~ moneys paid as deposit ar security for performance by tenant Statement and notice of basis for retention.
59.0, ~ 90 Health and sanitation standards --Penalties.
59.20.200 Landiord Failure to carry out duties Notice from tenant Time lir~its for landlord's remedial action,
59.2~,~~ 0 Landlord "Failure to carry out duties Repairs effected by tenant Bids !Notice Deduction of cast
from rent [,imitations
59,20.20 Landlord Failure to carry out duties Judgment by court or arbitrator far diminfsl~ed rental value and
repair costs.... Enforcement of judgment Reduction in rent.
59,20.230 Defective condition --Unfeasible to remedy defect Termination of tenancy.
5.20.2~D Payment of rent condition to exercising remedies.
59.20.250 Mediation of disputes by independent third party.
F
littp://apps.le .wa. avl ldef,ciu t. spx?cite 59.20&fttll:=trLIe 1012012010
~~apter 59,~D R ar~u~actu~~e~lrno~~lc horns landlord-tc~ant act ~fa~•t~1~I{l~ ~nabila ~orr~a ~~n,,, ~'~~a 2 of 2 ~
9.~~.2~ Arbitrafian Authorized election of arbitrator Froced~re.
9.~Or~TO Arbitrafian Application Hearings Decisions.
59.~0.~~0 Arbitration -Y Fee,
59.2D.90 Arbitration Completion of arbitration after giving notice.
5~.2~,~~ Manufecturedlmcb~le home commun~t~e Notice of sale
~g,~0.0~ Manufacturedlmabile hone communities --Goad faith negotiations.
59.~Dr9~~ everability ~ 9~~ ex.s. c X79.
59.~D.g4~ effective date ~y ~99~ c 359.
~9.4.9a~ Construction Chapter appiicable to Mate registered dan~restic partnerships 2D~9 c .
Notes:
Filing fees far unlawful detainer actions: lbw ~fi.'l ~.0'i
~ff~ce of manufactured pausing: Chapter 5~.2~ R~1l~.
make detection devices required in dweiling units: RGVV 4.44.E
~r~.~Mrr::.~~:-, >:.._.:-:,::_rN,~~,:~M:;~.~::M:r::~.t.::; :~.r:::.x~:::r:::rxar~_!~;:..;~„..,_..Y;A_.~c...,..,.._.........~.~.M...._~,...
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phis chapter shall be known and maybe cited as the "~lanufactured~ll~obile Home Landlord-Tenant Act".
c 3~9 ~ exrsr c 279 ~
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~91~#~~~
Righ# ar~d ~e~edies ~ ~bli~a~ion of food faith required,
Every duty under this chapter and every act which must be performed as a condition precedent to the exercise of a right or remedy
under this chapter impales an obligation of good faith in its perfarmar~ce or enforcement.
X1977 ~x.s, c 279 ~
`"xn.l_-..^'I,~~,~:1.YJ::J"J:^::ti._,._,-•_.,-•,~.i:,YJ .'r~,Y;~: ~:.:..~.~,.r..~.._~ ..__...:-":.:~~~-:,~.3.._.-: _ _ _ _ _ - _ _ _ _ _ I., ~ ....:...r......~....~. F:;:.-r...~1...::n„-'.;..r,::-::.
r.^':r_:.;~.-r;,-.:~f. r~v..,,~-,.e~.v~: ,..r,~s~-~~:;~.-^::.~.'; :;n:;:~,r _ ._:c;,'.~::.r,:t.~:r:~';'~:r:::~,M:~,~,~.r-i~::-,~r..r.;;:n-•-::u,,u~,.,,1.-.M:,:;!.x...~~~~-':,:~'r;r.:-:~„~:~,e,.,.:...
....., ~.r,K^.;
~~~~a.o~o
Definitia~~
For purposes of this chapter.
~ "Abandoned" as it relates to a mobile Dome, manufactured home, or park model awned by a tenant in a mobile home park,
mobile home park cooperative, or mobile home park subdivision ar tenancy in a mobile hams lot means the tenant has defaulted in ren#
and by a~ser~ce and by wards or actions reasonably indicates tl~e intention not to continue tenancy;
"Eligible organization" includes local governments, local housing authorities, nonprofit community or neighborhovd~based
organizations, federally recognized Indian tribes in the state of llVahingtan, and regional or statewide nonprofit housing assistance organizations;
~3} "1-lousing authority" ar "authority" means any of the public body corporate and politic created in RC11V 3~.8~,a3~;
~~4} "Landlord" means the owner of a mobile home park and includes the agents of a landlord;
~5} "Local government" r~eans a town government, city government, code city government, or county government In the state of
littp:Happ .leg.w .gov/RCW/default.aspx?cite-59.20 full=true 10/20/2010
ha~fe~i 59.E RCS. a~~~~`actu~~edlmobil~ l~otr~e landlat~~-t~na~t ~cf ~fo~~~ne~i~~ ~aol~~le home lan,., ~a~ ~ ~
Vvashingtor~;
"Manufactured home" means asingle-family dwelling built according to the United states department of housing ar~d urban
development manufactured hams construction and safety standards act, which is a national preemptive building code. A manufactured home also: ~a} Includes plumbing, heating, air conditioning,
and electrical systems; {b} is built an a permanent cl~ass'rs; and ~c} can be
transported in one ar mare sections with each section at least eight feet wide and tarty feet long when transported, or when installed on
the site is three hundred twenty square feet or greater;
"Manufactured#mobile home'" means either a manufactured horr~e or a mobile home;
~8} "Mobile home'" means afactory-built dwelling built prior to June 1 ~ to standards other than the United states department of housing and urban development code, and acceptable under
applicable state codes in effect at the time of construction ar
introduction of the home into the state Mobile homes have not been built since the introduction of the l~nited States department of
housing and urban development manufactured home construction and safety act;
~9} "Mobile home lot€` means ~ portion of a nnobile home park ar manufactured hauling community designated as the location of one
mobile have, r~anufactured homer or park model and its accessory buildings, and intended far the exclusive use as a primary
residence by the occupants of that mobile home, manufactured home, or park model;
~~0} "Mobile home park," "manufactured hauling community," or'"manufacturedlmabile Name community" means any real property
which i rented or held out for rent to others for the placement of two or mare mobile homes, manufactured homes, or park i~adels far the primary purpose of production of income, except
where such real property is rented or held out for rent for seasonal recreational
purpose only and is not intended for year-round occupancy;
~t~} "Mobile hams park cooperative" or "manufactured housing cooperative" means real property consisting of common areas and two ar mare lots held out far placement of mobile homes,
manufactured homes, or park models in which bath the individual lots and the
common areas are owned by an association of shareholders which leases or otherwise extends the right to occupy individual lots to its
own members;
"Mobile home park subdivision" ar "manufactured housing subdivision" means real property, whether it is called a subdivision,
condominium, or planned unit developrr~ent, consisting of common areas and two ar more lots held farpfacen~ent of mobile homes, ~
manufactured homes, or park models in which there is private ownership of the individual tats and common, undivided ownership of the common areas by owners of the individual lots;
{t "'notice of sale" means a notice required under R~vV 59,~4.30a to be delivered to all tenants of a manufactured~mobile home community and other specified parties within fourteen days
after the date an which any advertisement, multiple fisting, ar public native
advertises That a manufacturedlmabile hone community i far sale;
~t4} "Park model'" means a recreational vehicle intended far permanent orsemi-permanent irtistallatian and is used as a primary residence;
~1} "Qualified sale of manufacturedlmabile~ome community" means the sale, as defined in RCw 82,4~Ota, of land and improvements comprising a manufacturedlmobile borne community that is
transferred in a single purchase to a qualified tenant
organization or tv an eligible organization for the purpose of preserving the property as a manufactured~mobile home community;
"Qualified tenant organization" means a format arganizatian aftenants within a manufacturedlmabile home community, with the only requirement far membership consisting of being a tenant;
,"Recreational vehicle" means a travel trailer, rnatar Name" truck camper, ar camping trailer that is primarily designed and used as temporary living quarters, is either self-propelled
ar mounted an or drawn by another vehicle, is transient" i not occupied as a
primary residence, and is not irnmabiiized or permanently affixed to a mobile home lot;
~t 8} „Tenant" means any person, except a transient, who rents a mobile home lot;
~t 9} ,Transient'} means a person who rents a mobile home lot for a period of less than one month for purposes other than as a
primary residence;
~~Q} "occupant" r~eans any person, including alive-in care provider, other than a tenant, who occupies a mobile home,
manufactured have, ar park model and mobile home lot.
f 2U08 c ~ ~ ~ ~ 2; X00 c ~ ~ ~ ; ~ 999 c X59 ~ 998 c ~ 18 § ~ ; ~ 993 ~ S~ ~ ~ fi 98~ c 394 ~ 4; ~ 989 c ~ ~ 979 ex.s. ~ ~ 8B ~ ; ~ ex.s, c ~~9 ~
Notes:
F~ndi~g Inten# everab~li~y ~gg8 c ~ ~6: fee notes following ~vv 59.~I~.~Oa.
evera~iltf~r ~ 98~ c 3a~; fee Hate following R~~IV 2, ~.a3~.
littp-.Happs.le . a.. ov/R /default.aspx? tte=59.20 Rill=trLI 10120/2010
~~ap~e~4 ~ an~~~act~~~~e~il~nobi~e ~~o~ne 1~~~~ard~fezla~.f act ~~or~nc~~1~ r~~ob~lc home ~~n,,, ~a~e ~ off' 2 ~
~verabllity ~y ~9~ ax.s. c ~56~ "lf any provision of this act or its application to any person or circumstance is held
invalid, the remainder of the act or tl~e application of the prevision to other persons or circurr~stances is not
affected,' 9~ ex.s. c ~ 8 30.E
1` i a,._'rc~+m^...n.._.c:S^~ Y;w".J W ~>n.: ;:r::rtGU"~v:~.,,;~~..v_..:.... ,.,~.~~M ~,~~„T"--~ ?~~?x~:~~,--~:wN ,~.r;~ ~.r~ r.,.._^._,._.~..µ ~ rr.?~..,,.... _ r.~_rr.~.°1.^.r.::5~,,,
T>;c ~ J Z .~~5~_. r>':-^<~~, rr•~:~Mi'v~.,-:h ~",;.~'~;:yi'?Maw'w.~..,,.:~'~;.~3;w..;°rnn M a-TT.r x:~:.+r.., :,,~rw .^c-- _ _ ~.,T-~~.,,r
chapter applies to rental agreer~ents regarding mn~iie hone lots, cooperatives, orsuhdivisionApplicability
Of and construction with provisions of chapters 5~,~~ and R~11V.
This chapter shall regulate and determine legal rights, remedies, and oblige#ion arising from any rental agreement between a landlord
and a tenant regarding a mobile home let and including specified amenities within the mobile home park, rrrobile home park caopera#tve, ar mobile home parr subdivision, vuhere the tenan#
has na ownership interest in the property or in the association which
awns the property, whose uses are referred to as a part of the rent structure paid by the tenant, All such rental agreements shall be
unenforceable #o the extent of any conflict with any provision of this chapter, Chapter ~~~~2 RCVV shall be applicable only in implementation of the previsions of #his chapter and net
as an alternative remedy to this chapter which shall be exclusive inhere
applicable PRD1lID~D, That the provision of RVU 5~.~2,a9D, 2, ~ gg, and 59. ~ 70 shall no# apply to any rental agreement
included under the provisions of this chapter, RCUV ~9. ~ 8.D55 and 59,~8,37D through 5g. ~ 8.4~ a shall be applicable to any action of
forcible en#ry or de#ainer or unlawful detainer arising from a tenancy under the provisions of this chapter, except when a rrlobile borne, manufactured Name, ar park model or a tenancy
in a mobile home lot is abandoned. Rentals of mobile homes, manufac#ured homes, or
park models #hemselves are governed by the Residential t.andlord•Tenan#Aot, chapter 59,8 RCVV.
~9~ ~ 3~9 ~ 3; ~ 9Sl c § 2; ~98~ c 3~~ ~ 5; ~ ~T9 ~x+s. c ~ 8~ ~ ~ 97T ~x.s. c 4.~
1Votes:
evarabiii#~ ~98~ c 304; See note following RC12~.~6.D~~,
everability ~9"T ex,~ c ~8~. fee Hate following Rw ~~,~a.~~.
+Y,,-,v~:~,',.wJY~^.r~,.-,,.. ~i~~,.,rM",f:m~;-,+ar i.-. .•,-ra-u- w,.,wi~~~..r, _ _ _ _ _ _ f ................~..._::....„^~'?`„.::::.t~:..::^...w~._..../. ,Y:,:~ . ~ .~J~„„ >-r-ri
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I I
~nfarceability of rules against a tenantF
Rules are enforceable against a tenant only if:
Their purpose i to promote the convenience, health, safety, arwelfare ~f the residents, protect and preserve the premises from
abusive use, or r~alte a fair distribu#ion of services and facilities made available far the tenants generally;
They are reasonably related to the purpose for which they are adapted;
~~}They apply to all tenants in a fair manner;
~4~ They are Hat far the purpose of evading an obligation of the landlord; and
~5} They are not retaliatory ar discrimina#ory in nature,
9~3 c S6 ~ S.)
r~r...~..~-,,. l r~~~~,,r.-~ .J:..: fir.. -,..,,,..r.+.~.,.,+.^<vv.r..~,+.:r~ T. - - - - - - t,....M.,.,...^.,,M,~ ~ .:..-.T,-,-,.-t-'.~>-..~,>.;>,.>^.,;,.,,:r:,.,..,^~,,,.,,: ;,m,r.„~,-.,,r-,.,.r,.,
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1Nritten rental agreerrzent for term of one year or more required -waiver ~ Exceptions ~ Application of sectivnl
~1} Ida landlord may offer a mobile home lot for rent to anyone without o#fering a written rental agreemen# far a term of one year or more, Na landlord ray offer to anyone any ren#al
agreerrtent for a term of one year ar mare for which the monthly ren#al is greater, or
the terms of payment or other material conditions more burdensome to the tenantF than any r~onth~#o~month rental agreement also
offered to such tenant or prospective tenant. Anyone who desires to occupy a mobile home lot for other than a term of one year ar more
may have the option to be on a rr~onth-ta-month basis but must waive, in writing, the right to such one year or mare terms PR~VID~~, . That annually, at any anniversary date of the tenancy
the tenant may require that the landlord provide a written rental agreement for a
term of one year, i~o landlord shall allow a mobile home, rr~anufactured home, or park made! to be moved into a mobile have parr in
littp://app .leg,wa.gov/RC ldefault.aspx?cite~59.20 ftilI=true 1012012010
~.a~ter ~~,2~ R ~~~f~ct~~re~lmo~i~e hame ~a~.d~oz~~.-~e~ant act ~fottne~~~ x~~ob~~~ home ~a~,,, Wage ~~~1
this state until a written rental agreement has been signed by and is in the possession of the porkies: PI~~V[D~~, That if the landlord
allows the tenant to move a mobile hame, rnanufactu~ed home, or park model into a mobile home park without obtaining a written rents!
agreement for a term of one year or more, ar a written waiver of the right to ~ one~year term or mare, the terra of the tenancy shall be
deemed to be for one year from the date of occupancy of the mobile hame lot;
~2~ The requirements of subsection of this section shall not apply if:
~a} The mobile hame park or part thereof has been acquired or is under imminent threat of condemnation for a public works project,
or
fib} An employer-employee relationship exists between a landlord and tenant;
{3} The provisions of this section shall apply to any tenancy upon expiration of the term of any oral ar written rental agreement
governing such tenancy.
C~ 999 ~ 3~9 ~ 4;198 c 304 ~ 3l; ~ 980 c ~ ~2 § ~ 979 ex.s. c ~ 8~ § 3; i 97l ex.s. c X79 ~ 5.j
Notes;
everab~li~y ~95~ g4; fee note following ~U112S,~G.Q~.
everability ~ 979 e~,s~ c CBI See note fallawEng ~ 9.a.a~a~
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~._...+.,..__.~_.__..__.__.__. _.....r.,..~ n ~
~entai ~reemen# Required canfe~fs-Prohibited proviior~.
~~}Any mobile home space tenancy regardless of the term, shat[ be based upon a written rental agreement, signed by the parties,
which shall contain:
~a}The terms for the payment of rent, including time and place, and any additiana~ charges to be paid by the tenant. Additional
charges that occur less frequently than mantf~ly shall be itemized in a billing to the tenant;
fib} reasonable rules for guest parking which shall be clearly stated;
i ~c}The rules and regulations of the park;
1 ~d} The na~r~e and address of the person who is the landlord, and if such person does not reside in the state there shall also be
designated byname and address a person who resides in the county where the mobile home park i located who is authorised to act
as agent for the purposes of service of notices and process, if na design~tian is made of a person to act as agent, then the person to
wham rental payments are to be made shall be considered the agent;
fie} The name and address of any party who has a secured interest in the mobile hame, manufactured home, or park model; ~
~f} A forwarding address of the ter~snt or the name and address of a person who would likely know the whereabouts of the tenant in
the event of an emergency ar an sbsndonment of the mobile home, manufactured home, or park model;
~g}~i~ ~ covenant by the landlord that, except for acts or events beyond the control of the landlord, the mobile hame parr will not be converted to a sand use that will prevent the space
that i the subject of the lease from continuing to be used for its intended use fora
period of three years after the beginning of the term of the rental agreement;
iii} A rental agreement may, in the alternative, contain a statement that: "The park may be sold or otherwise transferred at any time
with the result that subsequent owners may close the mobile home park, or that the landlord may close the park at any time after the
required notice.'" The covenant or statement required by this subsection must: {A} Appear in print that is in bold face and is larger than
the other text of the rental agreement; ~B} beset off by means of a box,~blank space, ar comparable visual device; and be located directly above the tenant's signature an the rental
agreement.
~h}The terms and car~dition under which any deposit or portion thereof may be withheld by the landlord upon termination of the . rental agreement if any moneys are paid to the landlord
by the tenant a a deposit or as security for performance of the tenant's
obligations in a rental agreement;
~i} A listing of the utilities, services, and facilities which will be available to the tenant during the tenancy and the nature of the fees, if any, to be charged;
U} A description of the boundaries of a mobile home space uffcient to inform the tenant of the exact location of the tenant's space
littp:Happs,l g.w .gov/ lclefault.aspx?cite=59,20&6xll=true 1012012010
~~~tet• 59.~Q : N~an~~~`actu~~edl~~~~le ~~a~e lan~lat`d-~~n~t~t pct ~f~~;n~~~~l~ ~7~ob~~e ~~a~e ~a~~~.., ~~e ~ ~f ~ 1
in relation to other tenants' spaces;
{k} A statement of the current zoning of the land on which the mobile home park ~s located; end
{f} A statement of the expiration date of any conditional use, temporary use, or other land use permit subject to a fixed expiration
date that is necessary for the continued use of the land as ~ mobile borne park.
~2~ Any rental agreement executed between the landlord and tenant shall not contain any provision:
~a~ Uvhich allows the landlord to charge a fee for guest parking unless a violation of the rules for guest paring occursF PROVIDED,
That a fee may be charged for guest parking which covers en extended period of time as defined in the rental agreement;
{b} which authorizes the towing or impounding of a vehicle except upon notice to the owner thereof or the tenant whose guest is the
owner of the vehicle;
{c} Which allows the landlord to alter the due date for rent payment or increase the rent; ~i} During the term of the rental agreement if
the term is less than one year, or iii} gore frequently than annually if the term is for one year or mare: PROVIDED, That a rental
agreement may include an escalation clause for a pro rata share of any increase in the mobile home park's real property taxes or utility assessments or charges, over the base taxes or
utility asessr~ents or charges of the year in which the yenta! agreement took effect, if
the clause also provides for a pro rata reduction in rent ar other charges in the event of a reduction in real property taxes or utility
assessments or charges, below the base year: PROVIDED ~URTHC~R, That a rental agreement for a term exceeding one year may provide for annual increases in rent in specified amounts or
by a formula pecif"~ed in such agreement;
~d} ~y which the tenant agrees to waive or forego rights or remedies under thES chapter;
{e}Allowing the landlord to charge are "entrance fee" or en "exit fee."' However, an entrance fee maybe charged as part of a
continuing care contract as de'lrned in RCVV 70.3.02;
~f} Which allows the landlord to charge a fee for guests: Pi~OVIDED, That a landlord may establish rules charging far guests who
remain on the premises for more than fifteen days in any sixty-day period;
{g} By which the tenant agrees to waive or forego homestead rights provided by chapter G, ~ 3 RAW. This subsection shall not prohibit such waiver after a default in rent so long as such
waiver is in writing signed by the husband and wife or by an unmarried
claimant and in consideration of the landlord's agreement not to terminate the tenancy for a period of time specified in the waiver if the
landlord would be otherwise entitled to terminate the tenancy under this chapter; or i
{h~ Dy which, at the time the rental agreement is entered into, the landlord and tenant agree to the selection of a particular arbitrator.
[~D08 c X06 ~ 2; 20~~ c 63 ~ ; ~ 099 3~9 ~ Prior, ~ 900 ~ ~ 74 § 1; ~ 990 c X89 ~ ~ 989 c 24~ ~ 9;1 c 88 ~ ~ ; ~ 98~ 0 304 § ~ 5;199 ~x.. c 188 ~ 4; ~ X77 ex.s, c ~~9 ~.j
Notes:
prospective application ~OQB c ~9B „With aspect to written mobile or manufactured hone space rental
agreements in effect on June ~~oG, section ~ of this act applies prospectively when the ter~► oi~ the tenancy under
the agreement is renewed." ~2~a c ~9~ ~4.~
everability X984 c ~~8~ See Hate fallowing RAW 5~.2~.~a0.
ev~rabiltty ~98~ c 30~. See note following R~r112~~~,~3D~
everability y,. ~~7'9 ex.s. c X86: See note following R~vU ~9.~D.o~~.
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a.:i~
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..............~~ .....................~....,.~.,...a. ~..,,,.n......,.,,~.m._,ri..
Prnhlb~ted acts by landi~rd.
A landlord shall not:
.~1} Deng any tenant the right to sell such tenant's mobile home, manufactured home, or park model within a park or require the
removal of the mobile home, manufactured home, or park model from the park because of the sale thereof. Requirements for the transfer of the rental agreement are in RVV ~g.~o.o73;
Restrict the tenant's freedom of choice in purchasing goods or services but may reserve the right to approve or disapprove any
littp://apps.leg.wa.gov/RCW/default.aspx?cite=59.2O&ftilI=true 1012012010
haptet• 9,~~ R; ~ia~~~~fctu~•edl~~~~b~~e ~~o~o ~andlo~•d-tenant act ~fatmt•~ mobile hone ~atx... Page 7 of 2 ~
exterior structural improvements on a mobile home space: PR~UID~D, That daarRta-door solicitation in the mobile home park may be
restricted in the rental agreement Door-to-door solicitation does not include public officials ar candidates for public office meeting ar
distributing information to tenants in accordance with subsection ~4} of Phis section;
Prohibit meetings by tenants of the mobile home park to discuss mobile borne living and affairs, including political caucuses ar
forums far ar speeches of public officials ar candidates for public office, or meetings of arganixations that represent the interest of
tenants in the park, held in any of the park community or recreation halls if these halls are aper~ far the use of the tenants, conducted at reasonable times and in an orderly manner
an the premises, nor penalize any tenant for participation in such activities;
Prohibit a public official ar candidate for public office from meeting with or distributing information to tenants in their individual
mobile Domes, manufactured homes, ar park models, nor penalise any tenant for participating in these meetings or receiving this informatian~
{5} evict a tenant, terminate a rental agreement, decline to renew a rental agreement, increase rental or other tenant obligations, decrease services, ar modify park rules in retaliation
for any of the following actions an the part of a tenant taken in good faith:
{a} l`iling a complaint with any state, county, ar municipal governmental authority relating to arty alleged violation by the landlord of
an applicable statute, regulation, ar ordinance;
{h} Requesting the landlord to comply with the provision of this chapter ar other applicable statute, regulation, or ordinance of the
state, county, or municipality;
{c} Filing suit against the landlord far any reason;
{d} Rarticipatian ar membership in any homeowners association or group,
{6} charge to any tenant a utility fee in excess of actual utility costs ar intentionally cause termination ar interruption of any tenant's
utility services, including water, heat, electricity, ar gasT except when an interruption of a reasonable duration is required to make necessary repairs;
Remove or exclude a tenant Pram the premises unless this chapter i complied with ar the exclusion ar removal is under an
appropriate court order; ar
{8} Prevent the entry ar require the removal of a mobile homer manufactured home, ar park model for the sole reason that the
mobile home has reached a certain age. Nothing in this subsection shall limit a landlords' right to exclude ar expel a mobile home, manufactured home, or park model for any other reason,
including but not limited to, failure to comply uvith fire, safety, and other
provisions of local ordinances and state laws relating to mobile homes, manufactured homes, and park models, as long as the action
conforms to this chapter ar any other relevant statutory provision.
f 2003 c ~ 27 ~ 999 c 3~9 ~ ~ 993 c 6~ 18; ~ 987 ~ 253 ~ 1;198 c 58 ~ 2;198 c 304 ~ ~ ~ 980 c ~ ~2 ~ 5; ~ 979 ex.s. ~ ~ SB ~ 977 exrs. c 270 §
Notes:
everabi~ity ~ X84 c 58: See note fallowing RC11v 9,2~,2~~,
Severab~~ity ~ c 304 See note fallowing RV11 ~ G.~~.
everabtlity ~T~ ex~~ a ~8~: See note following R ~~0,03g,
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,.~..._......_ ...................3s................................__.............._..........._._..r.,..,..i. ...,.n....w , . , . ,:h i+- . ~ .a /'4'.~.r .
~~~a~~~~
Transfer ~f rental agreeen~.
{~}Any rental agreement shall be assignable by the tenant to any person to wham he ar she sells ar transfers title to the mobile home,
manufactured home, ar park model,
A tenant who sells a mobile hams, manufactured home, or park model within a park shall notify the landlord in writing of the date
of the intended sale and transfer of the rental agreement at least fifteen days in advance of such intended transfer and shall notify the
buyer in writing of the provisions of this sectian~ The tenant shall verify in writing to the landlord payment of a[l taxes, rent, and
reasonable expenses due an the mobile homer manufactured home, ar park model and mobile home lot,
The landlord shall notify the selling tenant, in writing, of a refusal to permit transfer of the rental agreement at least seven days in
advance of such intended transfer.
{4}The landlord may require the mobile hams, manufactured home, or park model to meet applicable fire and safety standards if a
http://apps.leg.wa.go,%,lR SV/default.a px?cite= 9. 0c full=true 1012012010
hapt~~• ,0 Raw; N~nl~fa~turiel~o~i~c ~~ot~7c la~~o~;d-tenant ~t ~forme~~~~ ~t~~~i~ ho~~e ~ar~,,, ~a~ S ~f~l
state ar local agency responsible far the enforcement of fire and safe#y standards has issued a notice of violation of those standards to
the tenant and those viola#ians remain uncorrected. Upon correction of the violation to the satisfaction of the state ar Iocal agency
responsible for the enforcement of that notice of violation, the landlord`s refusal to permit the transfer is deemed withdrawn. .
~5} The landlord shall approve or disapprove of the assignment of a rental agreement on the carne basis That the landlord approves
ar disapproves of any new tenon#, and any disapproval shall be in writing. ansent to an assignment shall net be unreasonably
withheld,
Failure to notify the landlord in writing, a required under subsection {2} of this section; or failure of the new tenant tv make a
good faith attempt to arrange an interview with the landlord to discuss assignment of the rental agreement; or failure of the current or
new tenant to obtain written approval of the landlord for assignment of the rental agreemen#, shall be grounds for disapproval of such transfer.
[~4~3 c ~ 3; ~ 999 c 359 ~ ~ 9~3 c ~ T; ~ 9~~ c 3~~ 29.E
Notea ev~rability ~8~ c 3~~4~ fee note following RCw 2.~~.~3a~
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Rent Liability of secured party with right~o possession,
} A secured party who has a security interest in a mobile home, manufactured home, or park model that is located within a mobile
borne park and who has a right to possession of the mobile home, manufactured home, ar pads model under *RCV1! 2A.9-5g, shall be liable to the landlord from the da#e the secured party
receives written native by certified mail, return receipt requested, for rent for
occupancy of the mobile hams space under the same terns the tenant was paying prior #o repossession, and any other reasonable
expenses incurred after the receipt of the notice, until disposition of the mobile borne, manufactured home, or park model under ~Rw
~~A.9-b04. The notice of default by a tenant must state the amount of rent and fhe amount and nature of any reasonable expenses that the secured parley is liable far payment to the landlord,
The notice must also state that the secured party will be provided a copy of the
ren#al agreement previously signed by the #enant and the landlord upon request.
~2} This section shall not affec# the availability of a landlords lien as provided in chapter G~.7~ I~III1.
A used in #his section, "security interest" shall have the same meaning as this terra is defined In R~11v6~A.~-20~, and "secured
party" shall have the same meaning as #his term is defined in *F~Cw 2A,9~~ 0~.
~~4} Far purposes of #his section, "reasonable expenses" means any routine maintenance and utility charges for which the tenant is
liable under the rental agreement.
fib} Any rent or other reasonable expenses owed by the secured party to the landlord pursuant to #his section shall be paid to the
landlord prior to the removal of the mobile home, manufactured home, ar park model from the mobile home park.
if a secured party who has a secured interest in a mobile borne, manufactured home, ar pads model that is located in a rrtabile
home park becomes liable #a the landlord pursuant to this section, then the relationship between the secured party ar~d the landlord
shall be governed by the rental agreement previously signed by the tenant and the landlord unless atherwlse agreed, except that the term of the rental agreement shall convert to a monthto4month
tenancy, Na waiver is required to convert the rental agreement to a
month-ta-month tenancy dither fhe landlord or the secured party may #erminate the month-ta-rnanth tenancy upon giving written native
of thirty days or more. The secured party and the landlord are not required to execute a new rental agreemen#F Nothing in #his section
shall be construed to be a waiver of any rights by the tenant.
~~989 ~ ~V#V ~ ~~1~ ~ ~tIV~ k~ ~V ~
Hates:
~Reviser~s note; Article S~A.g >~CUV was repealed in its entirety by 2aD~ c ~~a 9A~90~, effective July ~Oa'i .For
#ater enactment, see Article ~~A.gA RUV.
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Presumption of reprisal ar retaliatory action,
Initiation by the landlord of any action listed in RIB b9.20.a~a~5} within one hundred twenty days after a good faith and lawful act by
the tenant or within one hundred twenty days after any inspection ar proceeding of a governmental agency resulting from such act, shall
http://app .leg.wa. ovl /default.a px?cite=59.20&ftil1=true 1012012010
~~a~tc~~ 59.0 ~V~: a~ufacture~l~no~~le ha~ne ~and~a~~c~~tena~~t act ~~oz~~nez~~y ~na~~Ie ~~n~e fan.,, gage ~ of 1 .
crew#~ a rebuttable presumption affec#ing the burden of proof, tha# the ac#ion is a reprisal ar retaliatory action against the tenant:
PROVIDED, That ifthe cour# finds that the #enant made a complaint or report to a governmen#al authority within one hundred twenty
days after notice of a proposed increase in rent ar other action in goad faith by the landlord, there is a rebuttable presumption that the
complaint ar report was not made in good faith: P~~IIIDED FURTI~ER, That na presumption against the landlord sha11 arise under this section, with respect to an increase in rent, if the
landlord, in a notice to the tenant of increase in rent, specifies reasonable grounds far
said increase, which grounds fnay include a substantial increase in market value due to remedial action under this chapter.
[1999 c 359 ~ ~ 984 c ~ 3; ~ 98a c ~ 52 ~
hfates:
everability ~~1~4 ~ fee note following RvU5,~a,2aD,
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9,2~,08g
rounds far termination of tenancy ar occupancy ar failure to renew a tenancy or occupancy ` Notice
I~ediat~on~
{1} A landlord shall not terminate ar fail to renew a tenancy of a tenant or the occupancy of an occupant, of whatever duration excep# far one ar mare of the following reasons:
~a} dubs#an#ial violation, or repeated or periodic viola#ians of the rules of the mobile Name park as established by the landlord at the inception of the tenancy or as assumed subsequently
with the consent of the tenant or for violation of the tenant's duties as provided in
I~VV ~.~0.1 ~0. The tenant shall be given written notice to cease the rule violation immediately. The notice shall state that failure to
cease the violation of the rule or any subsequent violation of that ar any other rule shall result in termination of the tenancy, and that the
tenant shall viva#e the premises within fifteen days: PR~1liDED, That for a periodic viola#ion the notice shall also specify that repetition of the same violation shall result in #ermination:
PROVIDED FURTI-iER, That in the case of a violation of a "materiafi change" in park
rules wi#h respec# to pets, tenants wi#h minor children living with them, or recreational facilities, the tenant shall be given written notice
under this chapter of a six r~on#h period in which to comply or vacate;
{b} Nonpayment of rent ar other charges specified in the rental agreement, upon five days written notice to pay rent andlor o#her
charges or to vacate;
{c} Conviction of the tenant of a crime, commission of which threatens the health, safety, or welfare of the other mobile home park
tenants. The tenant shall be given written notice of a fifteen day period in which to vacate;
~d} Failure of the tenant to comply with local ordinances and state laws and regulations ~efiating to mobile homes, manufactured
Names, ar park models or mobile homer manufactured homes, or park model living within a reasonable time offer the tenant's receipt of
native of such noncompliance frorr~ the appropriate governmental agency;
fie} Change of land use of the mobile home park including, but not limited ta, conversion to a use other than far mobile homes,
manufactured horr~es, or park models or conversion of the mobile home park to a mabifie Name park cooperative ar mobile home park
subdivision: PROVIDED, That the landlord shall give the tenants twelve months" notice in advance of the effective date of such change, except that for the period of six months following
April X8,1989, the landlord shall give the tenants eighteen months' notice in advance
of the proposed effective date of such changer
~f} Engaging in "criminal activity„ „Criminal activity" means a criminal act defined by statute or ordinance that threatens the health, safety, or welfare of the tenants. A park owner
seeking to evict a tenant or occupant under this subsection need not produce evidence
of a criminal conviction, even if the alleged misconduct constitutes a criminal offense, Notice from a law enforcement agency of criminal
activity constitutes sufficient grounds, but not the only grounds, far an eviction under this subset#ion, Notification of the seizure of illegal drugs under RCVV 59.20.155 is evidence
of criminal activity and is grounds far an evic#ion under this subsection. The requirement that
any tenant or occupant register as a sex offender under RGV1~ 9A.44. ~ 30 is grounds for eviction under this subsection. if criminal activity ~
is alleged to be a basis of termina#ian, the park owner may proceed directly to an unlawful detainer action;
fig} The tenant's application far tenancy contained a material misstaterr~ent that induced the park owner to approve tl~e tenant as a
resident of the park, and the park owner discovers and acts upon the misstatement within one year of the time the resident began
paying rent;
~h} If the landlord serves a tenant three fifteen-day notices within atwelve-month period to comply ar vacate far failure to comply with
the material terms of the rental agreement or park rules, The applicable twelve-month period shall commence an the date of the f rst
violation,
~i} Failure of the tenant to comply with obligations imposed upon tenants by applicable provisions of municipal, county, ands#ate
codes, statutes, ordinances, and regula#ions, including this chapter. The landlord shall give the tenant written notice #o comply
irr~mediately. The notice must state that failure to comply will result in termination of the tenancy and that the tenant shall vacate the premises within fifteen days;
littp://apps.leg.wa.gov/RCW/default.aspx?cite=59.20&ftill=true 1012012010
t~apt~• ,2~ R"~ ~nuf~ctur~dlr~obll hat~le ~~ndlot~-t~n~t~t act {f~rn~etil mobile ho~~ne F Pie ~ ~ of ~
U~ The tenant engages in disorderly or substantially annoying conduct upon the park premises tha# results in the destruction of the
rights of others to the peaceful enjoyment and use of the premises. The landlord shall give the tenant written native to comply
immediately The notice must state #hat failure to comply wil# result in termination of the tenancy and that the tenant shall vacate the premises within fifteen days;
~k} The tenant creates a nuisance that materially affects the health, safety, and welfare of other park residents. ~'he landlard shall give the tenant wri#ten notice #o cease the conduct
that constitutes a nuisance immediately The notice must state that failure to cease
the conduct will result in termination of the tenancy and #hat the tenant shall vacate the premises in five daysr
~I}Any other substantial just cause that materially affects the health, safety, and welfare of other park residents. The landlard shall give the tenant written notice to comply immediately,
The notice must state that failure to comply will result in termination of the tenancy
and that the tenant shall vacate the premises within fifteen days; or
gym} Failure to pay rent by the due date provided for in the rental agreement three or more times in a twelve-month period,
commencing with the date of the first violation, after service of a ~v~-day native to comply ar vacate,
~lVithin five days of a notice of eviction as rewired by subsection ~~}{a} of this section, the landlard and tenant shall submit any dispute to mediation. The parties may agree in writing
to media#ion ley an independent third party or through industry mediation
procedures. ff the parties cannot agree, then mediation shall be through industry mediation procedures. A duty i imposed upon both
parties to participate in the media#ion process in goad faith for a period of ten days far an evic#ion under subsection ~~}{a~ of this section, I# is a defense to an eviction under subset#ion
~~}~a} of this section that landlard did nvt participate in the mediation process
in good faith F
chapters 59.~~ and 59.5 Rvl~govern the eviction of recreational vehicles, as defined in f~~llll ~.~~.~3~, from mobile name pars. This chapter governs the eviction of mobile homes, manufactured
haves, park models, and recreational vehicles used as a
primary residence from a mobile home parlc~
[20~~ ~ ~ ~ c ~ ~ c ~ ~ a ~ c ~ ~ ~ ~ 98~ c ~ § ~ ~ 58 ~ 981 ~ sc~ § ~ ~ ~ ~ § ~ ex.~. c 279 § 8.J
f~lotes:
~.egisiative findings everability ~ 98 c ~ 5D; See notes following R~IV ~9. ~ . ~ 3~F
everabiiity ~ 98~ c 58; See note following 1N ~9:~a.OD.
evera~ility ~98~ ~ 3Q4: See note fallowing RvV~~.t.03o.
everabiiit y- ~9~ ex~s, ~ ~~6; See Hate following Rv1I ~9.2a.0a.
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Term of ren~ai agreements ~ ~enewai ~ iVonrer~ewal ~ Termination Armed forces exception ~ Notices.
Unless otherwise agreed rental agreements shall be for a term of one year. Any rental agreement of whatever duration shall be
autor~aticaily renewed for the term of the original rental agreement, unless a different specified term is agreed upon.
~2} A landlord seeking to increase the rent upon expiration of the term of a rental agreement of any duration shall notify the tenant in
writing three months prior to the effective date of any increase in rent,
A tenant shall notify the landlard in writing one month prior to the expiration of a rental agreement of an intention not to renew.
~~}{a}The tenant may terminate the rental agreement upon thirty days written notice whenever a change in the location of the tenant's empfoymcnt requires a change in his or her residence,
and shall not be liable far rental following such termination unless after
due diligence and reasonable effark the landlord is not able #o rent the mobile home lot at a fair rental. If the landlard is not able to rent
the lot, the tenant shalt remain liable far the rental specified in the rental agreement until the lot is rented or the original term ends.
fib} Any tenant who i a rnernber of the armed forces, including the national guard and armed forces reserves, ar that tenant"s
spouse or dependent, may terminate a rental agreement with Tess than thirty days na#ice if the tenant receives reassignment ar
deployment orders which da Hat allow greater notice. The tenant shall provide notice of the reassignment or deployment order to the landlard no later than seven days after receipt,
[291 ~ c 8 ~ 19934; 2093 c 7 § ~ 998 c ~ ~ 8 ~ 3; ~ c ~ ~2 ~ 2; ~ 979 ex.s, c ~ 8~ ~ 7;1977 ex,s, c 279 § 9.)
http://apps.leg.wa.gov/RCW/default,aspx?cite=59.20&ftill true 10/2012010
~~apteri 59,4 a~u~actu~~edl~~~b~Xe h~z~~e Iandlo~~c~tenant act ~~or~t~et•l~ t~~e~ile ~lo~ne Wage ~ ~ l
Motes: ~ffcct~ve dale ~Q~3 c See node fol~a~r~g Rvl~ 59, ~ B,~OO~
eve~ab~lity ~~9 ~x.~ c ~8~. fee note fo~~ow~ng R~~IV ~9.~O.O~o.
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In~p~'~V~f1~~ntS.
Improvements, except a natural lawn, purchased ar~d installed by a tenant on a mobile hnrne lot shall remain the property of the tenant even though affxed to or in the ground and may
be rerr~oved or disposed of by the tenant prior to the termination of the tenancy:
PR~IlIDED, That a tenant shall leave the mobile home lot in substantially the same or better condition than upon taking possession.
[977 ex,s. c 2~9 10.E
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Attorney' fees and costs
In any ec#ion erising or~t of this chapter, the prevailing party shall be entitled to reasonable attorney's fees and costs.
~1~77 ~x,s, c ~ ~
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I~enue.
Venue for any action arising under this chapter shall be in the distric# or superior court of the county in which the mobile home !o# is locatedt i
~7T ex.s. G 2~9 ~ 2.]
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Qut!@S Df landlord,
It shall be the duty of the landlord to:
comply with codes, statutes, ordinances, and administrative rules applicable to the mobile home park;
Main#ain the can~mon premises and prevent the accumulation of stagnant water and to prevent the detrimental effects of moving
water when such condi#ion is not the fault of the #enant;
~3} Deep any shared or Gammon premises reasonably clean, sanitary, and safe from defects to reduce the hazards of ire or accident;
Keep ell common premises of the mobile home park, and vacant mobile home lots, not in the possession of tenants, free of weeds or plant grow#h noxious and detrimental #o the health of
the tenants and free from potentially injurious or unsightly objects and
condition;
~5} lxterminate or make a reasonable effort to exterminate rodents, verr~in, or other pests dangerous to the health and safety of the tenant whenever infestation exists on the common
premises or whenever infestation occurs in the interior of a mobile home,
manufactured hams, or park model as a result of infestation existing on the comr~on premises;
~G}Maintain and protect ail r~tilitie provided to the mobile hams, manufactured home, or park mode! in good working condition.
littp://apps.leg.wa.gov/RCW/default.aspx?cite=59.20&ftill=ti-ue 10/20/2010
C~~a~to~~ ~9,~0 RV~: N~a~ufactu~~e~l~~~b~le ~xoz~a~ Xaz~~ozid-ten~~t pct ~fotin~rl~ n~obi~~ ~7otne 1... ~agc ~ 2 ~f ~ 1
Maintenance responsibility shall be determined at that point where the normal mobile home, manufactured hone, or park mode! utilities
„hank-ups" connect to thane provided by the landlord or utility company;
respect the privacy of the tenants and shall have na Fight of entry to a mobile home, r~anufactured home, ar park model without the prior written consent of the occupant, except in case
of emergency ar when the occupant has abandoned the mobile home,
manufactured home, or park model, such consent may be revoked in writing by the occupant at any time. The ownership ar
management shall have a right of entry upan the land upon which a mobile home, manufactured home, or park node! is situated for maintenance of utilities, to insure compliance with applicable
codes, statutes, ardinar~ces, administrative rules, and the rental
agreement and the rules of the park, and protection of the mobile home park at any reasonable tine or in an emergency, but not in a
manner or at a time which would interfere with the occupant's quiet enjayrnent. The ownership or management shall make a reasonable
effort to notify the tenant of their intention of entry upan the land which a mobile Name, manufactured home, ar park model is located pr`rar to entry;
~g}Allow tenants freedom of choice in the purchase of goads and services, and not unreasonably restrict access to the mobile home park for such purposes;
~g}Maintain roads within the mobile home parkin good condition; and
~~o} Notify each tenant within five days after a petition has been died by the landlord for a change in the zoning of the sand where the
mobile home park is located and make a description of the change available to the tenant.
A landlord shall not have a duty to repair a defective condition under Phis section, nor shall any defense or remedy be available to
the tenant under this chapter, if the defective condition complained of was caused by the conduct of the tenant, the tenant's family,
invitee, or other person acting under the tenant's control, ar if a tenant unreasonably fails to allow the landlord access to the property for
purposes of repair,
[ ~ 999 c 359 ~ ~ ~ 993 ~ ~a; ~ X84 c ~8 ~ 5; ~ 9l9 ex.s. ~ ~ 8~ ~ 8. ]
Notes;
everability X84 c 5~; fee note following i~VV ~~.~~.~4~,
ev~e~ability ~~9 e~,s, c ~8: note following R1 ~9.~D,0~0.
Smoke detection devices required indwelling unitsa RCI 4.44. ~ ~ 4.
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I~a~ntenence of pe~manentstructures Findings 2nd d~clarati~n-Definition.
~~}The legislature Ends that some mobile home park owners transfer the responsibility far the upkeep of permanent structures within
the mobile hams park to the park tenants. This transfer sometimes occurs after the permanent structures heve been allowed to deteriorate, Many mobile home parks consist entirely of senior
citizens who do not have the ~nanciat resources or physical capability to
make the necessary repairs to these structures once they have fallen into disrepair The inability of the tenants to maintain permanent
structures can lead to significant safety hazards to the tenants as well as to visitors to the mobile home park, The legislature therefore fads and declares that it is in the public
interest and necessary for the public health and safety to prohibit mobile home park owners
from transferring the duty to maintain permanent structures in mobile home parks to the tenants.
A mobile home park owner is prohibited from transferring responsibility for the maintenance ar care of permanent structures within the mobile home park to the tenants of the park. A
provision within a rental agreement ar other document transferring .
responsibility for the maintenance or care of permanent structures within the mobile home park to the park tenants is void.
~3} A "permanent structure" for purposes of Phis section includes the clubhouse, carports, storage sheds, ar other permanent structure. A permanent structure does not include structures
built or affixed by a tenant. A permanent structure includes only thane
structures that were provided as amenities to the park tenants. ,
tVothing in this section shall be construed to prohibit a park owner from requiring a tenant to maintain his ar her mobile homer
manufactured home, or park model yr yard. Nothing ire this section shall be construed to prohibit a park owner from transferring
responsibility for the maintenance ar care of perrr~anent structures within the mobile ho~r~e park to an arganizatian of park #enants or to
an individual park tenant when requested by tf~e tenant organization or individual tenant,
999 359 ~ ~ 99~ c 9 ~
Notes:
http://apps.leg.wa.gov/RCW/default.aspx?cite=59.20&ftill=true 1012012010
apfct~ 5.~~ ~n~~~`at~~t~cc~l~r~obilc h~tno ~~r7~~ord-te~~ant act ~~o~•e~~~y ~~obile hatr~e sago 13 of ~
~ffect~ve date X994 ~D: "This act i necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions,
and shaEi take effect immediately ~t~larch
~ 994]." 994 c a
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Q~t~es tenant.
It shall be the duty of the tenant to pay the rental amount at such tines and in such amounts as provided for in the rental agreement ar a otherwise provided bylaw and comply with all
obligations imposed upon tenants by applicable provisions of all municipal, county,
and state caries, s#atutes, ordinances, and regulations, and in addition the tenant shall:
~~i} I~Ceep the mobile home Iot which he cr she occupies and uses as clean and sanitary a the conditions of the premises permit;
~2~ f'raperiy dispose of all rubbish, garbage, and other organic ar flammable waste, in a clean and sanitary manner at reasonable
and regular intervals, and assume all oasts of extermination and fumigation for Infestation caused by the tenant on the tenant's leased premises;
Not intentionally ar negligently destroy, deface, damage, impair, or remove any facilities, equipment, furniture, furnishings,
t'}xtures, ar appliances provided by the landlordT ar permit any member of his ar her family, invitee, or lioenee, ar any person acting under his ar her control to do sa;
Nat permit a n~risance ar common waste; and
{5} Nat engage indrug-related activities as defined in I~11V 59,20,80,
[~~~4 c § ~9~35; X98 c ~ ~D S; X979 ~x.sr c X86 ~ 9.~
Notes:
Legislative findings everabitity ~ 8S c 'i fee notes following R~V1~ 9. ~ 8. ~ 9.
everability X979 ex~s, c fee note following Raw 9,2D~oo.
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Live,in care provider- Notatenant-Agreements ~ uestfee.
A tenant in a mobile home park may share his ar her mobile home, manufactured home, ar park model with any person aver eighteen years of age, if that person i providing live-in home
health care orlive-In hospice care to the tenant under an approved plan of
treatment ordered by the tenant's physician. The iive~ln care provider is not considered a tenant of the park and shall have no rights of
tenancy in the park. Any agreement between the tenant and the live-in care provider does not change the terms and conditions of the
rental agreement between the landfard and the tenant, The live-in care provider shall campiy with the rules of the mobile home park, the rental agreement, and this chapter. The landlord
may not charge a guest fee for the live-in care provider.
999 c 35~ § ~ 3; ~ 993 c ~ 52 ~ ~
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~~~~~s~
service of notice on landlord or tenant
}Any notice required by this chapter to be given to a tenant shall be served an behalf of the landlord: {a~ By delivering a copy , personally to the tenant; ar fib} if the tenant i absent
from the mobile home, manufactured home, or park made! by affixing a copy of the
notice in a conspicuous place on the mobile home, manufactured home, or park model and also sending a copy through the mail
addressed to the tenant at the tenant`s last known address,
~~}Any native required by this chapter to be given to the landlord shall be served by the tenant in the same manner as provided far
in subeatian of this section, or by mail to the landlord at such place as shall be expressly provided in the rental agreement,
~8~ The landlord shall state in any native of eviction required by RCVU 59.20,088€~} a now ar hereafter amended the specific reason
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hpt~r 9~~~ : IV~an~~~act~~~•edl~nab~~e han~e ~an~1o~•d-tenant act ~fo~•me~~~~ ~nobilc dame 1,,, Pac a~~~ .
for eviction in a clear and concise manner,
11 X99 c 3~9 ~ ~ ex.s, c ~ 8B § ~ a, ~
Notes:
everabiiity ww ~'T9 ex~, C ~8~ See note following RV1! ~9.~O.a3D,
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Seizure of illegal drugs hlotificatian of landlard~
Any law enforcement agency which seizes a legend drug pursuant to a violation of chapter ~9.~~ R~1N, a controlled substance
pursuant to a vialatian of chapter B9r5~ Rolf, or an imitativr~ controlled substance pursuant to a vialatian of chapter 69.5 I~CIJII, shall
male a reasonable atternpt to discover the identity of the landlord and shall notify the landlord in writing, at the last address listed in the property tax records and at any other
address Icnawn to the law enforcement agency, of the seizure and the location of the seizure of
the illegal drugs or substances.
~i988 c ~~0 ~2.~
lwotes~
Legislative findings everability ~ 988 c ~ 50. See Hates fallowing RUU b9. ~ 8. ~ 30.
_ ...,,,,.M,..n.,M.~: , .~uxr~~~ ~~.._,:,.:~.:r„~r,..v,~,-r::~,,....,:_~r.:::rr~Y..,_,-:,:~.~:. ,.m:rr.: _ . s _ , _ . r , _ - -,•~.-cr.~<r.-'..w,.~r...~~.,.w..sr,....,w,,.t._..:,m..,:
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I ~9,~0.~ ~0
Moneys paid as deposit or security far performance by tenant ~ 1rl~ritten rental agreement to specify terms and
conditions for retention ~y landlord,
]f any moneys are paid to the landlord by the tenant as a deposit or as security for performance of the tenant's obligations in a written rental agreement, such rental agreement shall
include the terms and conditions under wf~ich the deposit or portion thereof may foe
withheld by the landlord upon termination of the rental agreement, if all ar part of the deposit may be withheld to indemnify the landlord
for damages to the rr~abile home space for which the tenant is responsible, the rental agreement shall o specify. It is unlawful to charge or collect a deposit or security for performance
if the parties have not entered iota a written rental agreement,
11 ~ ~s ~ r~ ~ ~x,s. ~ ~ § ~ ~
NoteF
Severability X984 c ~8~ See note following RVV ~9.~a.~0a.
everability ~9~'9 exFs. a'iS6: See note following I~CVV ~~~a.~~.
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~9.~IaR~ ~'0 lVloneys paid as deposit ar security for performance by tenant - Deposit by landlord intrust account ~ Receipt
Dlaim=
~~}Alf moneys paid to the landlord by the tenant as a deposit as security for performance of the tenant`s obligations in a rental
agreerent shall promptly be deposited by the landlord in a trust account, maintained by the [andfor~ for the purpose of balding sucf~ security deposits far tenants of the landlord, in
a financial institution as defined by RUU ~a.~2.04~ ar licensed escrow agent located in
vllashington, except as provided in subsection ~2} of this section, unless otherwise agreed in writing, the landlord shall be entitled to
receipt of interest paid an such trust account deposits. The landlord shall provide the tenant with a written receipt for the deposit and shall provide written notice of the name and
address and lacytian of the depositary and any subsequent change thereof, if during a
tenancy the status of landlord is transferred to another, any sums in the deposit trust aceount affected by such transfer shall
s'rmultaneausly be transferred to an equivalent trust account of the successor landlard, and the successor landlord shall promptly notify
the tenant of the transfer and of the name, address ar~d location of the new depository, The tenant's claim to any moneys paid under this section shall be prior to that of any creditor
of the landlord, including a trustee in banl{ruptcy ar receiver, even if such moneys are
carnnlingled.
~~}All moneys paid, in excess of two ~rtonths' rent an the mobile Name lot, to the~landlord by the tenant as a deposit as security far
performance of the tenant's obligations in a rental agreement shall be deposited into aninterest-bearing trust account far the particular
http://apps.leg.wa. ovl lclef'auIt.a px?cite=59.20 fLt11Ttrue 10/20/2010
ha~te~~ a~ufctu~•ed~mol~llc once l~ndlo~~d-ten~nf pct ~fo~•nlrl~ mobile Dame 1,.. ~~e 15 0~ ~
tenant. The interest accruing an the deposit in the accoun#, minus fees charged to administer the account, shall be paid to the tenant on
an annual basis. All other provisions of subsection } of this section shall apply to deposits under this subsection.
[20a4 ~ 8 ~ ~ 999 c 359 ~ 9~9 ex,s. ~ ~ ~ 2.~
Notes; everabllity f~79 ex.s. c See note following RVI~ ~9.~O.a~O.
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H.:.. ~~Ri 1ff~~~
Moneys paid a deposit or security for performance by tenant ^ #atement and notice of basis for retention,
IIIlithin fourteen days after the terminatla~► of the rental agreement and vacation of the mobile home space, the Iandlard shall give a full
and specific statement of the basis for retaining any of the deposit together with the payment of any refund die the tenant under the terms and conditions of the rental agreement. Na
portion of any deposit shall be withheld on account of wear resulting from ordinary
use of the mobile han7e space.
The statement shall be delivered to the tenant personally ar by mail to the last known address. if the fandlard fails to give such statement together with any refund due the tenant within
the time limits specified above such fandlard shall be liable to the tenant far
the full amount of the refund due.
Nothing in this chapter shall preclude the landlord from proceeding against, and the landlord shall have the right to proceed against
a tenant to recover sums exceeding the amount of the tenant`s damage ar security deposit for damage to the property for which the
tenant is responsible.
98~ ~ ~8 § 1 ~~79 ex.s. c ~ 8~ ~ ~ 3.]
Notes:
everability ~9~4 c See Hate following ~RI~! 59,~O.~Oa,
everabllity ~ 9~~ ex,s, c ~ 8G; See note following lvU 59.~O.gg.
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~~liY~t~ V V
Health and sanitation standards - Penalties,
The state board of health shall adapt rules an ar before January ~ ~ ~ 98~, setting health and sanitation standards far mobile name parks.
such rules shall be enforced by the city, county, city-county, or district health officer of the jurisdiction In which the mobile home park is
located, upon notice of a vialatian to such health officer. Failure to remedy the violation after enforcement efforts are made may result in
a fine being imposed an the part{ owner, or tenant as may be applicable, by the enforcing governmental body of up to one hundred dollars per day, depending on the degree of risk of injury
ar illness to persons in ar around the park,
[1988 c ~ 28 ~ ~ ; ~ 98~ c 3~4 ~ 22.E ,
i
Notes: everability c 3~4: See Hate following R11~12~.~.a0.
Landlord ~ Failure to carry out duties -l~lotlce from tenant-Time limits for landlord's remedial actlanR
If at any time during the tenancy the fandlard fails to carry out the duties required by ~f~~VV ~9,~g, ~ 0, the tenant may, in addition to
pursuit of rerraedies otherwise provided the tenant by fowl deliver written notice to the landlord which notice shall specify the property involved, the name of the owner, if known,
and the nature of the defective condition, For the purposes of this chapter, a reasonable time
for the fandlard to commence remedial action after receipt of such notice by the tenant shah be, except where circumstances are
beyond the landlord's control;
f~[at mare than twenty-four hours, where the defective condition is imminently ha~ardaus to life;
http://apps,leg.via. oNr/R /default.a px?cite=5 .20 ftill~true 1012012010
~~a~tc~~ ~,~D ax~u~actu~~elt~~obi~e homy l~nd~or~-tcnnt aot ~forn~or~~ r1~ob~lc hot~~e 1,.. ~agc ~ G a~'2 ~
~2} Not more than forty-eight hours, vuhere the fandlord fails to provide water or heat;
~3~ subject to the provisions of subsections and ~2} of this sec#ion, not more than seven days in the case of a repair under RCW
9.~~. ~ 3g{3};
~4} Not more than thirty days in al[ ether cases.
In each instance the burden shall be on the landlord to see that remedial work under this section is completed with reasonable
promptness,
Where circumstances beyond the landlord`s control, incCuding the availabiCity of t'Nnancing, prevent the fandlord from complying with the time limita#ions set forth in this section,
the fandlord shall endeavor to remedy the defective condition wi#h all reasonable speed.
[1984 c 58 S,]
Notes: evera~ilify ~98~ c 58. "If any provision of this act or its application to any person ar circumstance is held invalid,
the remainder of the oat or the application of the provision to other persons or circumstances is not affected.'r [984 c
~8 ~8.]
vim-: .r._Y:„~. .r~-x .-rx. r~ .-,i.-~-~~. i~•.~--n x-x-.rx-.. u~.~::.-x~xTt - _ _ ..Y ~..:.J'~uV.:-r:~~~- 'x'J'.:r.:y:~___ - _ _ ~ J-.~' S^,. J~ ~ ~ ~ ~ h^£l?'l ~ . . ......::.~v...-i.^,•~._.~,'._~^
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Landlord Failure to carry ~~tdu#ies-Repairs effected by tenant-bids- Notice ~ deduction of col from
renf ~ t,imifations.
tf at any time during the tenancy, the landlord fails to carry out any of the duties imposed by RCVII 59~~~~~ and notice of the
defect is given to the landlord pursuant to RCW 59r~0.~E~D, the tenant may submit to the landlord or the landlord's designated agent by
certified mail or in person at least two bads to perform the repairs necessary to correct the defective condition from licensed or
registered persons, or if no licensing or registration requirement applies to the type of vrork to be performed, from responsible persons c~ap{able of performing such repairs. such bids
may be subrrtitted to the fandlord at the same time as notice Cs given pursuant to RCVv
~2} If the landlord fails #o commence repair of the defective condition within a reasonable time after receipt of notice from the tenant,
the tenant may contract with the person submitting the lowest bid to male the repair, and upon the completion of the repair and an
opportunity for inspection by the fandlord or the landlord's designated agent, the tenant may deduct the cost of repair from the rent in an
amount not to exceed the sum expressed in dollars representing one month's rentat of the tenant`s mobile home space in any calendar year. When, however, the landlord is required to begin
remedying the defective condition wi#hln thirty days under RGW ~9.2D.~~~, the
tenant cannot contract for repairs for at least fifteen days following receipt of bids by the landlord, The total costs of repairs deducted by
the tenant in arty calendar year under this subsection shall not exceed the sum expressed in dollars representing one month's rental of the tenant's mobile home space.
~3} Two or mare tenants shall not collectively initiate remedies under this section. Remedial action under this section shall not be
initiated for conditions in the design or construction existing in a mobile hone parr before tune ~ 984.
~4} The provisions of this section shalt no#:
~a} Create a relationship of empCoyer and employee between landlord and tenant; or
~b~ Create liability under the worker`s compensation act; yr r ~
~c} Constitute the tenant as an agent of the Candlord for the purposes of mechanics' and materialmen{s liens under chapter ~D.g4 .
RCW.
fib} Any repair work performed under this section shall comply with the requirements imposed by any applCcable code, statute, ordinance or rule A fandlord whose property is damaged because
of repairs performed in a negCigent manner may recover the actual
damages in an action against the tenant.
Nothing in this section shall prevent the tenant from agreeing with the fandlord to undertake the repairs in return for cash
payment or a reasonable reduction in rent, the agreement to be between the parties, and this agreement does not alter the Landlord's
obligations under this chapter.
X1999 c 859 ~ 18;198 ~8 ~ 8.]
Notes
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Chapter 59.~~ R: ll~an.~~~actuzedlob~lc ~o~n~ lanc~lo~~d-ten~~~tr act ~formc~~Iy n~ob~le ~~a~c gage 17 of ~ ~
everability y~ ~8~4 c a8~ See note fo~~owing RC~11 ~9.~O.Z00.
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t,andlord ~ ~aiiure to carry out duties -,~udgment by court or arbitrator for dir~~nihed rentat value and repair
costs ~ Enforcement of ~~d~ment -Reduction in rent,
if a court or an arbitrator determines that:
~a~ A landlord has failed to carry out a duty or duties imposed by RCS 59.0.30; and
{b~ A reasonable time has passed far the landlord to remedy the defective condition fo![owing notice to the landlord under RCIIV
59.20.~0a or such other time as may be allotted by the eourk or arbitrator; the court or arbitrator ray determine the diminution in rental value of the property due to the defective
condition and shall render judgment against the landlord for the rent paid in excess of such
diminished rents[ value from the time of notice of such defect to the tine of decision and any costs of repair done pursuant to RCVS
59.~0,~~D forwhich nQ deduction has been previously made. Such decisions may be enforced as other judgments at law and shall be available to the tenant as aset-off against any existing
or subsequent claims of the IandlordF
The court or arbitrator may also authorize the tenant to contract to made further corrective repairs, The court or arbitrator steal[
specify a time period in which the landlord may rr~al~e such repairs before the tenant may contract for such repairs Such repairs shall not exceed the sum expressed in dollars representing
one month`s rental of the tenant's mobile name space in an~r one calendar year.
{~}The tenant shall not be obligated to pay rent in excess of the diminished rental value of the mobile home space until such defect or defects are corrected by the landlord or anti!
the court or arbitrator determines athervuise.
[1999 c 3~9 § X7;1984 c ~8 ~ 9.1
1
Notes.
evera~ility X984 c 58: See Hate following i~UV 9,~o.~DD,
s w.an .i r N xwT ,..<r „M,. ~r „y: .,.~s„<~.~ r ~A~. ,r. :..,W.w'.✓ t'-, ~~~r:>: ,.~.:,':.'X;l, ~:,la+ rl:i: ::~1:','::Y.: n:Y,..: t~:/.:{,.:,5', xw ~.'1,.,, - ;.".WY %:~mC,' ::,.JV.".';!!
r.::.".Ma:: :.'.k",: ~:l's."'.h'::z a:i)~:," ! ~`(,Y.>r.:. .(.^.N'.nM .F, YJ M..~,.X,~..N.' l~ ...A'M... .~w':.~ Y:...y.4, .N.~. 1. . ~n~ .,1, xt/ <
T Defective condition ~ Unfeasibleto reedy defect Termination of tenancy.
if a court ar arbitrator determines a defective condition as described in R~vv .~0.~30 to be sa substantial that it is unfeasible for the
landlord to rerrtedy the defect within the time allotted by R~v119.~0,20D, and that the tenant should not remain on the mobile home
space in its defective canditionr the court or arbitrator may authorize the terr~ination of the tenancy. The court or arbitrator shall set a reasonable time for the tenant to vacate
the premises,
9$4 ~ ~8 1
Notes; everability X84 c 58: See note fallawir~g RVV ~.~o.~~~.
-„~:.,~-,,~,ti-~,r•.-M,-.,~-,x--~-~~u-- .:,-'w-,-r„ ~>«rx~~~vr"-:-<~~~<,~-: ,.~~~-~-~-:~-,V,r~~.~-,~-,r: ,-~-::..:,r::,:..-~:.x,.:.,.~:-: Y:,.~,,.~:~,,._.,,..w:.,.~.,:~~..-M:~~~:.~~-~~..~,:r...:~:;^~
-,w: nM1,xr!r-„~~~N.,;w:r: ~.r•,z'.?r'o-~.,-;':,r:;..:T,- - - - -
Rayn~ent of rent condition to exercising remedies.
The tenant shall be current [n the payment of rent including all utilities which the tenant has agreed in the rental agreement to pay
before exercising any of the remedies accorded the tenant under the provisions of this chapter: PROVIDED, That this section shall Hat be construed as limiting the tenant`s civil remedies
far negligent or intentional damages: Pi~~ViDED FUi~7H~R, That this section shall
not be construed as limiting the tenant's right in an unlawful detainer proceeding to raise the defense that there is no rent due and
owing.
984 c ~ .
Notes:
everability ~ ~8~4 c 1~~ Sae note foilawir~g RCVS ~9.~a.~i~0.
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1'~'~.w,.,.:~.~~..~. .w.~,.~ .....~..,r-,~.,~•.. >.~,M~,r ,~,,,:.,N ..~:..;,,...~:~~>~.~rr,:_.~r..~,rM~,.,.,.,.._.:,:,:,....,..,,.:-.. ~ ~,-u..._....wx. ......::................~...~..;,._...,,.,.~~.
..~-r~..,..a,~-r ~ ~ -"w •-w-
I~ediatr:on of disputes by independent~hird party, .
The landlord and tenant may agree in writing to submit any dispute arising under this chapter or under the terms, conditions, ar performance of the rental agreement to mediation by an
independent third party ar tc set#le the dispute through industry ~nediatian
procedures, The parties may agree to submit any dispute to mediation before exercising their right to arbitration under RCVV ~9.2Dr~~D.
(1984 ~ ~8 ~ ~ 2.]
dates:
everabttity ~ X84 c 58: fee not; fallowing Rvll ~9.~a.2~~.
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~VYiaY~~~
Arbitration - Authorized ~ selection o~ arbitrator - Prac~dure~
The landlord and tenant may agree in writing to submit a controversy arising underthis chapterto arbitration. The agreement shall
contain the name of the arbitrator agreed upon by the parties or the process far selecting the arbitrator.
The arbitration shall be administered under this chapter and chapter 7.0~4A RC1~11.
[~U~5 C 433 4,1984 c ~8 ~ ~ 3.]
Dotes.
Application captions not taw savings .,4 effective date ~ODa c 4~3. fee RCUU T.O~A.~9~ through
lr~4Ar~0 and 7'.44A~9~~.
everability ~ 984 c 8: See note following R1lV 5,~.~a~. i
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~~iila~il~~
Arbitration Application -Hearings-Qecisions,
If the landlord and tenant agree to submit the matter to arbitration, the parties shall complete an application for arbitration and
deliver it to the selected arbitrator.
~~}The arbitrator shall schedule a hearing to be held na later than tern days following receipt of the application.
~3} Reasonable notice of the hearings shall be given to the parties, who shall appear and be heard either in person, by counsel, ar
by other representative Hearings shall be informal and the rules of evidence prevailing in judicial proceedings shall not be binding. Hearings may be public ar private. The proceedings
may be recorded. Any anal ar documentary evidence and other data deemed
relevant by the arbitrator may be received in evidence. The arbitrator may administer oaths, issue subpoenas, and require the
attendance of witnesses and the production of books, papers, contracts, agreements, and documents deemed by the arbitrator to be
r~aterial to a dust determination of the issues ~n dispute. If a person refuses to obey a subpoena ar refuses to be sworn to testify, or any witness, party, ar attorney is guilty of
any conter~pt while in attendance at any hearing held under this section, the arbitrator may invoice
the jurisdiction of any district ar superior court, and the court shall have ~urisdictian to issue an appropriate order. failure to obey the
order maybe punished by the court as contempt.
~4~ ~IVithin five days after the hearing, the arbitrator sha[I make a written decision upon the issues presented. A copy of the decision
shalt be mailed by certified mail ar otherwise delivered to the parties or their designated representatives, The decision of the arbitrator
shall be final and binding upon all parties.
~5} If a dispute exists affecting more than one tenant in a similar manner, the arbitrator may with the consent of the parties
consolidate the cases into a single proceeding.
~5} l]ecisions of the arbitrator shall be enforced ar appealed under chapter 7.04A R~VIJ.
~~0~~ c 433 ~ 48; ~ 984 c ~8 ~ ~ 4.]
littp:Happs.le .wa. oNr/R /default. spx?cite=5 .20 f till=true 0/20/2010
Chapter 5.~0 R:11~a~~~~~actuz~~~lr~~~~le home lanlo~id-ten~r~t act ~f~t~rl~~r~~ rnob~le ~~o~a~e 1... Page ~ 9 a~' ~ ~
dotes: Ap~iication ~y ~aptrons not law savings Effective date R~ X045 c See RCVI~ 7.o~A~~94 trough
~~0~1~,~ ~ and ~~o~~l,~o~F
Severahiiity ~98~ c 58. See Hate foliowing i~VI~ ~,~0,~0~~
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A~rb~trat~on ~ Fee.
The administra#ive fee for this arbitration procedure shall be established by agreement of the par#ies and the arbitrator and, unless
otherrise allocated ny the arbitratorf shall be shared equally by the partiesF However, upon either party signing an affdavit to the effect
that the party is unable to pay the share of the fee, #hat portion of the fee may be waived or deferred.
~~~sa c ~~~1
Notesf
Severabiiity ~ g84 c 5~ See note fofiowin RUV 9.~0~~0~.
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~~f~ol~~o
Arbitration - opletion of arbitration after giv~n~ notice. .
Veen a party glues notice of intent to arbitrate by giving reasonable notice to the other party, that party shall, at the same time, arrange for arbitration of the grievance in the manner
provided far in this chapter. The arbitration shall be completed before the rental due date
next occurring after the giving of notice under this section, but in no event steal[ the arbi#rator have less than ten days to complete the
arbitration process.
[~~84 c ~8 ~ ~5.~
Notes:
everabiiity ~y X984 c 8; See note following ~~1lII
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a~,~O,~DO ~
i~anufacturedlr~obile horns communities - Notice of eaie.
~1} ~ Landlord must provide a written notice of sale of a manufacturedlrnabile home community by certified mail or personal delivery to:
~a} Each tenant of the manufactured~rnobile home community;
~b~ The officers of any lEnown qualified tenant organisation,
i
~c} The office of manufactured housing;
~d~ The local governmen# within whale jurisdiction all or part of the manel`ac#uredlmobiie horr~e community exists;
fie} The housing authority within whose jurisdiction alt or part of the manufactured#mabile home community exists, end
The lltifashington state housing finance commission.
{2} A notice of sale must include: .
{a} A statement that the landlord intends to se[I the manufacturedlmobile home community; and
fib} The contac# info~ma#ion of the landlord or landlord`s agent who is responsible for communica#ing with the qualified tenant
organization ar eligible organisation regarding the sale of the property.
littp://apps.leg.wa.gov/RCW/default.aspx?cite=59.20&fiil1-trite 1012012010
hpte~~ 59,2 a~~~~facfured~n~obile home ~a~xd~o~•d-tena~~nt act ~fo~~~~~t~ly moh~~e hams 1,,, gage 2 ~ of ~ ~
~fanufacturedln~obife borne communities ~ food faith negotiations.
A landlord intending to sell a manufacturedfrnobile home community is encouraged #o negotiate in good faith with qual~fed tenan#
organizations end eligible organizations.
~2~08 c ~ ~ 5.]
Notes;
findings Intent everabili#y X008 c ~ See notes foliaw~ng RVU ~9.O,oo.
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~~~~~~V~
~everability ~ X977 ex4s~ c ~~9.
If any provision of this act, or its application to any person ar circumstance is held invalid, the remainder of the act, ar the application of
the provision to other persons or circumstances ~s not affected.
f ~ 977 ~x,s, X79 ~ ~ 3.J
'..~lFrvr:,;:w .y,.~: ~.x...x,~~rr„~..~r...:.i~,~r+~...v,>:,...~:..y.r .:......:n': .".w.c.:=h_:..I... ..F . , ,'ii~~.,:,w~v:N/:.:.~:: ~r.:.`::,~~;.':x:;!v-~.w,~-,~r;:::'.,: ~n..rr..,..n<~~~::~~.:~::
- yr.~.,w,~:r.::r.^.,.•,:*•+:.,w.Kr.~<~a~r ~r!:.rrsk.... ...':~;~:a;.....
~~,oa~a~
Effective date ~ ~ 9g c
Phis act is necessary for the i~nmedia#e preservation of the public peace, health, or safety, or support of the state government and its
existing public institutions, end takes effect duly ~9g9.
[1999 c 3~9 § 21.E
i
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~ ~
s onstruction ~~hapter applicable to state registered domestic partnerships ~ ~~9 c
For the purposes of this chapter, the terms spouse, rnarriage, marital, husband, wife, widow, widower, next of tcin, and family shall be
interpreted as applying equally to state registered domestic partnerships or individuals in state registered domestic partnerships a well
as to marital relationships and married persons, and references to dissolution at' carriage shall apply equally to state registered domestic partnerships that have been terminated, dissolved,
or invalidated, to the extent tha# such interpretation does not conflict with
federal law,l~Vhere necessary to implement chapter ~2~, Lags of ~go9, gender~specific #erms such as husband and wife used in any
statute, rule, or o#her law sha~11 be construed to be gender neutral, and applicable to individuals in state registered domestic
partnerships, 1
littp:Happs leg via ov/R /default.aspx?cite=59.20 ftill:!--trtie 10/20/2010
I
i
1
i
i
~~apfer ~5.~0 ~asif~~ation of manufactu~ie~ ~ao~~.es Page ~ of ~
Chapter ~5~2o RCIIV Classification of manufactured homes
RV1~ Sections
55.21~.1~~~ Purpose,
15.20.020 Definitions.
t~5~2o.030 iarificatior~ of type of property and perfection of security interests,
5.28.040 Eiiminat'ran of title i~ Application.
65.20.050 Eiiminatinn of title -R Approval.
65.20.060 Eliminating title benders and conveyances
65,20,070 Eliminating title Removing manufactured home when title has been eliminated.
65.20.030 Eliminating title y~ Uniform farms.
65.20.00 Eliminating title Fees,
65.20. ~ Eliminating title ~y enerai supervision
65.20. ~ ~ ~ Eliminating title R~ Rules
65,20.120 Eliminating title l~atice.
65.20. ~ ~0 enerai penalties.
65.20.90o Prospective effect.
65.20.00 Effect on taxation.
65.20.020 captions not law
65.20,030 short title.
65.20,040 everability X059 c 343.
65,0.950 Effective date X989 c 343.
dotes; certificates of ownership and registration: chapter ~ 2 RV1l.
_ . . ~ ~ ~ ~ ~ , ~ ~ , ~ ~ , ~ ~ ~ n v rna~:,:r..w~. a"-,.::., v~v^^~z°,. ~ ^r.:n<r>.:' ..F.::,, ,.,..,o~~r..~-w,~~yu~~.y,~. .x~.~;, ; i ,r~:,!wr..r.r ,w.ov4 „ , , w> . r , w, n r ,
a., M n . , roots ..~..sr~ ro ~ ..>v w u,.. r' ~ . 1. "t .~•c.r!.c . „~r..v,~.m:.r.:~„aw;;~~ .,,.,,-Y.;r.: ~:ih^.. .mow..---- ~F~.. .",y r.,,~.-.w~~~~M~.~~ ,:,:.w:~:~<~:cs:~~,~;~;~..
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~~i~~~~~
Purposex
The legislature recognizes that confusion exists regarding the classification of manufactured homes as personal or real property. This
confusion is increased because manufactured homes are treated as vehicles in sore parts of state statutes, however these hones are
often used as residences to house persons residing in the state of llllashington. This results io a variety of problems, including; } Creating confusion as to the creation, perfection,
and priority of security interests in manufactured homes; {2} making it more difficult
and expensive to obtain financing and title insurance; ~3} making it more diffouit to utilize manufactured homes as an affordable
housing option; and increasing the risk of problems for and lasses to the consumer. Therefore the purpose ~f this chapter is to
clarify the type of property manufactured homes are, particularly relating to security interests, and to provide a statutory process to make the rr~anufaotured home real property by
eliminating the title to a manufactured home when the home is affixed to land owned by
the homeowner.
X89 ~ 343 ~ ~i
- - _ , ~,,r,. _r, . _ - - - , , ~ ~ ~ vw•++r n r.. i Y rm Y.. i<wi -..r..~~v.. i i.. < xv~'x-: - `.,}^.:::F~! "":F'-r.Y."- v.:J,rr.;..
pefinitlon; ~E~fec~~ve unff~ ~fu~y ~0~~,~
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter ,
"Afl'~xd" means that the manufactured home is installed in accordance with the installation standards in state law.
littp:Happs.leg.wa.gov/RCW/default.aspx?cite=65.20&fLill=trtie 10/20/2010
apt~~~ ~5,~~ R'; ~la~~ifi~a~i~~~ of~»anu~'ac~u~~~d horns Page ~ of$
"Deparfrnent" means the deparkment of licensing.
~3~ "~fiminating the title" means to cancel an existing title issued by this state ar a foreign jurisdiction ar to waive the certificate of
ownership required by chapter ~46.~~ RCw and recording the appropriate docurrtents in the coon#y real property retards pursuant to this chapter,
~~}'~Hvrneowner~' means the owner of a manufactured home.
"Lapel" means real prope~fy excluding the manufactured home,
~G} "Manufactured home'" ar "mobile home" means a structure, designed and cons#ructed to be transportable in one or more sections and i built on a permanent chassis and designed to be
used as a dwelling with or without a permanent faunda#ion when connected to
the required utilities tha# include piurnbing, hea#ing, and electrical systems contained therein, The structure must comply wi#h the
national rnabile home construe#ion and safe#y s#andards act of ~ 9~~ as adopted by chapter 43,2 RCUV if applicable. "Manufactured
home" does not include a modular home, A strut#ure which met the definitiop of a "manufactured home"' at the time of manufacture is still considered to meet this definition natwithstarrding~hat
it i no longer transportable,
"owner"means, when referring to a manufactured home that is titled, the person why is the registered owner. when referring to a mobile home that is untitled pursuant to this chap#er,
the owner is the person who awns the land. when referring to land, the person
may have fee simple title, have a leasehold estate of thirty~five years or more, or be purchasing the property ap a real estate contract.
owners include joint tenants, tenants ip camrnon, holders of legal life estates, and holders of remainder interests.
~8} "1'ersap" means any individual, trustee, partnership, corporation, or other legal entity "Person" may refer to more than one
individual or entity,
fig} "'secured party" means the legal owner when referring to a titled mobile home, ar the lender securing a loan #hrough a mortgage,
deed of trus#, ar real estate contract when referring to land or land captaining an untitled manufactured home pursuant to this chap#er~
g~ "security ip#erest" means an interest in property to secure payment of a loan made by a secured party to a borrower,
~}'iTi#!e" or "fitted" means a certificate of awperhip issued pursuant to chapter 4~.~~ RCw~
[1 X89 c 343 ~ 2.]
3
65~2a,D2a
Definitions, {~ffec~r've Judy 20~
Unless the context clearly requires ofheruvise, the definitions in this section apply throughout this chapter.
"Affixed" means that the manufactured home is installed in accordance with the installation standards ins#ate law
~2} "pepar#men#"means the departmen# of licensing.
"~liminatipg the tine" means to cancel an existing certificate of title issued by this s#a#e ar a fareigp jurisdiction ar to waive the
certificate of title required in chapter ~4f~.1~ Illy and recording the appropriate documents ip the county real property records pursuant to this chapter.
"Homeowner" means the owner of a manufactured home,
~5} "Land" means real prape~ky excluding the manufactured home.
~6} "Manufactured home" ar "mobile home" means a structure, designed and constructed to be transportable ip one ar more sections and is built on a permanent chassis and designed to be
used as a dwelling with or without a permapep# foupdafian when connected to
the required utilities that include plumbing, heating, and electrical systems contained therein. ~'he s#rucfure must comply with the
national mobile borne capstructiap and safety s#apdards act of 194 as adopted by chapter 4.~~ R~VV if applicable. "Manufactured home" does not include a modular hanle. A structure which
met the definition of a "manufactured hame'~ at the time of manufacture i
sti[I considered to meet this definition no#wi#hstanding that it is no longer transportable.
~'~wner" means, when referring to a manufactured home that is tilled, the person who is the registered owner, when referring to a mobile home that is untitled pursuant to this chapter,
the owner is the person who owns the land. whep referring to land, the person
may have fee simple title, have a leasehold estate of thirty-f ve years or mare, or be purchasing the property on a real estate contract,
owners include joint tenants, tenants in cammop, holders of legal fife estates, apd holders of remainder interests.
~8~ "Person" means any individual, trustee, partnership, corporal{on, or other legal en#ity. "Person" may refer to more than ope
individual ar eptity~
littl)://apps.leg. a.gov/R /defatilt.aspx?cite= ,20&ftill=true 1012012010
ha >rer ~5.2~ R as~~f~~~.tian of~~~an~~~ac~u~~ed ~~orr~e Palo of 8
~9} "secured party" means the legal owner when referring #a a titled mobile home, or the lender securing ~ loan through a markgage,
deed of trust, or real estate contract when referring to land ar land containing an untitled manufactured home pursuant to this chapter,
ifecurity interest" means an interest in property to secure payment of a loan made by ~ secured party to a borrower.
€fi fi} "Title" ar "titled" rneans a certificate of title issued pursuant to chapter 40.fi~ I~llll.
12a~ ~ ~ ~ ~ ~ § ~ ~ ~4; ~ 989 c 34 ~ 2.].
Notes;
~ffeofive date ~-Intent I~agi~ati~n ~o reonoila chapfe~ ~8~ s saws of ~a~ 0 and other amendmen#s made
during the a10 le~lslatlve session ~~~D ~ ~8~; See Hates following RvV4~.D4,~~3.
- ~,•r.Fl~~~~„."~': ~~'.T - ~.~,rc~;y:M~a~~.-m~.rrruN -,.r~T - - - -.-k,,..,n~ra ww~- N~„ ..r, , ..ter., .-~.-.r....N,......,.".T r<....r x.)..,~,....w.~.o.,c. - - .................w~.....
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"r'J:~;~SI...'~.' k'.~.h,;.S~',.,M....~....~.....~.......~.~_.wM.._...-,.._].,.w__~....,::,:.nx:S,...,r:~„ , .
~~i~~~~~
Clarification o~ t~rpe of property and perfection o~ security in~eres~s,
when a manufactured home is sold or transferred an ar after March fi 990, and when all ownership in the manufactured home is
transferred through the sale or other transfer of the manufactured home to new owners, the rr~anufactured hams shall be real properly
wren the new owners eliminate the title pursuant to this chapter, The manufactured home shall not be real property in any farm,
including fixture Caw, unless the title is el'rrninated under this chapter where any person who awned a used manufactured home on l~larch X990, continues tv own the manufactured home
on ar after March '199D, the interests and rights of owners, secured parties,
lienholders, and others in the manufactured home shall be based on the law prior tv March X990, except where the owner voluntarily
eliminates the title to the manufactured hams by complying with this chapter. If the tit[e to the manufactured home is eliminated under this chapter, the manufactured home shall be treated
the same as asite-built structure and ownership shall be based an ownership of
the reel property through real property law If the title to the manufactured home has not been eliminated under this chapter, ownership
shall be based on chapter ~48. fi 2 Rw~
for purposes of perfecting and realizing upon security interests, manufactured homes shall always be treated as follows: ~fi } If the
title has not been eliminated under this chapter, security interests in the manufactured home shall be perfected onCy under chapter
O~A.9A 1111) in the case of a manufactured home held as inventory by a manufacturer ar dealer ar chapter 4G.~2 RAIN in all other cases, and the lien shall tae treated as securing personal
property far purposes of realizing upon the security interestF ar if the title
has been eliminated under this chapter, a separate security interest in the manufactured home shall not exist, and the manufactured
home shalt only be secured as part of the real property through a mortgage, deed of trust, or real estate contract.
~2Qaa c z~a ~ 9A-83~; ~ 98~ c 34~ § 3.]
Notes:
effective date ~~p c 2~0~ See Raw ~~~.9A-7D~ .
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elimination of ti#le ~Applicatian. ~~~fe~~~ve un~llJuly
If a manufactured han~e is affixed to land that is owned by the homeowner, the homeowner may apply to the department to have the title to the manufactured home eliminated, The application
package shall consist of the fallowing.
~fi} An affidavit, in the form prescribed by the department, signed by all the owners afthe manufactured hams and containing:
~a}The date;
~b}The names of all of the owners of rocord of the manufactured borne;
~c} The legal description of the real property;
~d} A description of the manufactured hams including model year, make, width, length, and vehicle identification number;
fie} The names of all secured parties in the manufactured home; and
~f} ~ statement that the owner of the manufactured home awns the real property to which it is affixed;
http://apps.leg. a.gov/R: /def ult,aspx?cite= 5.2O full:--true 1012012010
ha for 5~~~ ~ las~~cat~or~ o'n~anufact~l~~~d Como Pac 4 0~ $
~2~ ertl~cate of ownership far the manufactured home, or the manufacturer's statement of origin in the case of a new manufactured home, Where title is held by the secured parley as legal
owner, the consent of the secured party must be indicated by the legal owner
releasing his ar her security interest;
A certification by the local government indicating that the manufactured Name is affixed to the lend;
{4} Payment of all licensing fees, excise tax use fax, real estate tax, recording fees, and proof of payment of ail property taxes then
due; and
~~}Any other information the department may require.
X39 c 343 § 4.~
~5.~0.040
C=limination of title y Application. {~ffecf~ve Judy ~J ~Ofi
If a manufactured home is affxed to land that i awned by the homeowner, the homeowner may apply to the department to have the title to the manufactured home eliminated The application
package shall consist of the fallowing:
An affidavit, in the farm prescribed~by the department, signed by all the owners of the manufactured home and containing;
{a}The date;
{b~ The names of atl of the owners of record of the manufactured home;
{c}The legal description of the real property;
{d} A description of the manufactured home including model year, made, width, length, and vehicle identification number;
{e} The names of all secured parties in the manufactured home; and
{f} A statement that the owner of the manufactured home owns the real property to which i# is affixed;
{2} erkificate of title far the manufactured home, or the manufactures statement of origin in the case of a new r~anufactured home. Where title is held by the secured party as legal
owner, the consent of the secured party must be indicated by the legal owner releasing
his or her security interest;
{3} A certification by the local government indicating that the manufactured home is affixed to the land;
{4} Payment of all vehicle license fees, excise tax, use tax, real estate tax, recording fees, and proof of payment of all property taxes
then due; and
{5} Any other information the department may require.
l20 ~ ~ c ~ 61 ~ ~ ~ 55, ~ 98~ c 343 § 4.~
Notes: Effective date ~y Intent l.eg~slation ~o reconcile chapter ~~~x ~.aw of ~a~a and other amendments made
during the ~Oa leg~s~ative session ~a~a c ~G~: fee notes fallowing R11I~~4.D4.D~.
~ . . . vM . _ . ._.~~v . ~ n ....m~.... _ w_._..,...,... _ -,w ,.,rr. tea.. .r..... r...... r/~'.~.:, ~,C ..ti . ~ 9 F..,.. ra ~.w... ..,,.m N,.~ ~...Mxr..~~,....~.~_.,._...,...Y.,~..~...._....
tip. .e
~=~o.a~o
Elimination of title ~ Approval
71~e department shall approve the applica#ion far elimination of the title when all requirements listed in RCVV 6~.~o.g~0 have been satisfied and the registered and legal owners of the
manufactured home have consented to the elimination of the title. After approval,
the deparfrnent shall have the approved application recorded in the county or counties in which the land is located and on which the
manufactured home is mixed.
The county auditor shall record the approved application, and any other farm prescribed by the departrr~ent, in the county real
property records, The manufactured hams shall then be treated as real property as if it were a site-built structure. Removal of the
rnant~factured home tram the land is prohibited unless the procedures set forth in RAW 5.~a.D~O are camplled with.
littp://apps.leg.wa.gov/RCW/default.aspx?cite=65.2O&fLilI=true 10/2012010
hap~~r GS.~~ R l~if~c~tian off` ~na~~ufact~~~•ed hotn~ gage 5 of $
The department shall cancel the title after verification that the county auditor has recorded the appropriate documents, and the department shall maintain a record of each rr~anufactored
home title eliminated under this chapter by vehicle identification number. The
title is deemed eliminated an the date the appropriate documents are recorded by the county auditor.
989 ~ 343 § 5.j
~ ~ ~ ~ ~ r ~ -.m-.:.~.x » ~ . , n. N~ ..;rim:;: ~ .,~~ti-- ..~~~„-+.~.~..c.-x~.,. r-,~,~..,.. n~.r- ~ x-r,.+~a.-z-„rr,~ ~r~.~cR~:,s:~'r~....,.~?:m.~. ~,,....%~~a=~..~~_x-rx-~w L~iS.<-,.S'Jx'.,J..;-`
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":.'!..5..~.._~.,_'___=:r.~k=x=_w_...._a_r,.,.~.M
Eliminating ~if~e=Fenders aid anveyar~ces.
It is the responsibility of the owner, secured porkies, and others to take action as necessary to protect their respective interests in
conjunction with the elir~inatian of the title or reissuanoe of a previously eliminated title
A manufactured home whale title has been eliminated shall be conveyed by deed ar real estate contract and shall only be
transferred together with the property to which it is affixed, unless procedures described in RCw 65.~a.0~D are completed.
l~otl~ing in this chapter shall be construed to require a lender to consent to the eiirninatian of the title of a manufactured hams, ar to
retitling a manufactured home under ~C 6~.2a.D7D. The obligation of the lender to consent is governed safely by the agreement
between the lender and the owner of the manufactured home. Absent any express written contractual obligation, a lender may withhold
consent in the lender's sale discretion in addition, the homeowner shall comply with all reasonable requirements imposed by a lender for obtaining consent, and a lender ray charge a
reasonable fee far pracess~ng a request for consent.
989 c 343 6.~
~ . ~ ~ .w,.. r„ ,rm.~.r,.~,~~x ~ .,,,~~~.,,.,~.~~,~~:.~r~:...~x:. ^r~,~w::n:~~1x:wa• mr.~ fr.~:,nra - -"",~.~x-~r~• -'~,;LI M,.,....m YY':w:J~.'SNa~.~"~ it .w r . y,. ~ srv• , loM ...h
`:':x"...mvK;h.,W xY 1. ~i~~~.;' .~.~'a",.b."a."~.~~_i~:i~~:.~.:.,.•,_`Y'::=~~::~.C~.".~.f.:r.'.'~r.~.:r.'S~:`."..~....v~:r:J :`:.".r:~,~,~j..~~.".i, mph,". w. ~ w gx~xy~.✓xw~_e...u
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i i
Eliminating ~~tie-Rerov~n manufac~~red h~mewhen title has been eliminatedR
Before physical removal of an untitled manufactured home from the land the home is affixed to, the owner shall follow one of these two procedures: ~
where a title is to be issued ar the harr~e has been destroyed:
~a~ The owner shall apply to the department far a title pursuant to chapter 4B, ~ R~1N, In addition the owner shall provide: _
fit} An affidavit in the form prescribed by the department, signed by the owners of the land and all secured parties and other lienhalders in the land consenting to the removal of the
home;
~~i} payment of recording fees; 3
~iii~ A certification from a title insurance company listing the owners and lienhaiders in the land and dated within ten days of the date
of application for a new title under this subsection; and
Div} Any other information the department may require;
fib} The owner shat[ apply far and obtain perrr~its necessary to move a manufact~€red home including but not limited to the permit required by R ~~.~4.~ 7D, and comply with other regulations
regarding moving a manufactured home; and
~c}The department shalC appro~re the application for title when the requirements of chapter 46.~~ RVIf and this subsection have
been satisfied. Upon approval the department shall have the approved application and the affidavit retarded in the county ar counties in which the land frorr~ which the borne is being
removed is located and the department shall issue a title. The title is deemed effective an
the date the appropriate documents are recorded with the county auditor.
where the manufactured home is to be moved to a new location but again will be affixed to Iand owned by the homeowner a new
title need not be issued, but the following procedures must be complied with:
~a} The owner shall apply to the department for a transfer in location of the manufactured home and if a new owner, a transfer in ownership by filing an application pursuant to R1S~.~0.0~4D.
In addition the owner shall include:
~i} An affidavit in the farm prescribed by the department signed by all of the owners of the real property franc which the manufactured home is being moved indicating their consent.
The affidavit shaCl include the consent of ail secured parties and other iienhalders in the
http://apps.leg.wa.gov/RCW/defatilt.aspx?cite=65.20&ftill=true 10/20/2010
~~aptez~ ~5,2~ ~~a ias~ification o~'nlanufactut•~ ~~ot~~es ~~e ~ of 8
land from which the manufactured hams is being moved;
~ii~ A legal description and property tax parse! nur~ber of the real property from which the home is being removed and a legal
description and property #ax parcel number of the land on which the hams is being moved to; and
viii} A certification Pram a title insurance company listing the owners and I'renholders in the land and dated within ten days of the
application far transfer in location under this subsection;
{b} The owner shall apply far and obtain permits necessary to mave a manufactured home including but net limited to RVI!
46,44.17a, and comply with other regulations regarding moving a manufactured hone; and
{c} After approval, including verification that the owners, secured partiesr and ether lienhalders have consented to the mave, the
department shall have the approved application retarded in the county or aunties ire which the land from which the home is being
removed and the land to which the home is being moved is located.
~s9 c 34
ar u...rl,c:x,,,<.v.vl,.rn.,.:l.,.,..xr.,r.~.,..~,n~- sxK.vr.~r•.rrn~,xr...x-:x,:•r,~..-r.~.,N,.,wvr,~r,1,,,c.,:rr..,a:....mr+.-xmcwv:,~.xx„rx insa~:..,.,...~~.+,yr,~~.~~.,-ar. ~..r..n
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!'r~ ~•#/_'l'_..~C_..~..._.......~/..~}_.._...__~_...._..........._.,_Y.rc.._._._............_._.._.._.._______'_.__~--_ ~L a,.~..~~,.:,.~..~....l...m~M._.._...,m._.n u._...,..r...h..~.v~k.
' ~V~IM~~~~V ~
i ~iiminating title ~ Uniform forms.
The department may prepare standard affidavits, I`renhalder's consents, and other forms to he used pursuant to this chapter. k
i
989 343 8.~
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.. rM^.~rJ:z;^^"r,^; M'!f°!" ~:~::.~~~r.::;....`;v:~~,..;:~'-?r...~.._...,._........ 4. ../...l.. m.Y~r..,. ..n 3Cw. .r ,T-'~rrr;' ~ .v~.n..,..,s....,~t.`.^.~~,, .............M.,..,.._..._......_.s..
.s....._s..,_....,._v„riii.:'r.:^~::..,..~r"~..,...~..x...........,..r.,,>...
El imi nat~ng title - lees
The director may, in addition to the title fees and other fees and taxes required under chapter ~6.~ 2 ~~UV establish by rule a
reasonable fee to saver the cost of processing documents and perrorming services by the department required under Phis chapter.
Fees collected by the department for services provided by the department under this chapter shall he forwarded to the state
treasurer, The state treasurer shall credit such moneys to the motor vehicle fund and all department expenses incurred in carrying out
the provisions of this chapter shall be paid from such fund as authorized by legislative apprapriation~
E~ 98~ c 3~3 §
..r.^...~. !r rvr ~:+-.+-r:,. :r,rv ..::~:.r: ."wM:'.^.."n :/..^.!.i~..a+,...~5`.`Y ~,^~T...,: :.:!"_'!Y „n,n . , ~T.w v .rx+ x r. , .x. r.r ~ i..v, ,,,~~~v~---,ls.+,~r N_.......N .N,.
. ^~M1 h-,-, .;J?'.: A:1J::- w,Yt'~ ^~5~... ~....-a:rv~_, ,......x ....m...: ~s~ ....axr.~~.~~4 .:,.,.,..n..r ~ . I,.. t .r.,..,............,......,,_<_..............,._..,.._..._...._....__....._._
.N~>:-<::I> ...a!.::M, z" M'
~_"__.......~.._._.,_.~..r..._..... ~........_..,._.......;...._..........,~._...............,....m.~...._._. .M,;,..~.,.,.~M...,...~,.,..Y,.;r,r,,~.,?~~..~._,N~~~~..~~..s.,o._.~s...._..~._..~....._.
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Eliminating title General supervision.
The department shall have the general supervision and central of the elimination of titles and shall have full power to da ail things
necessary and proper to carry out the provisions of this chapter. The director shall have the power to appoint the county auditors as the agents of the department.
[1 X89 c 343 'I ~
w, r M v. w rv.,y .r ~n ~ : ,r .r v r ..>.tr v.. x.+..,r .r ~ n.. ...4. ,.Y....\. .l, k.. :.rf.:;, s... , ,K... m...a. r . .,...r ~.•..,.....'.t..............4....'.h '>"a'.` =°~;::'~'^rS:....
==:?:fil:l =<"^:.r.:C1''r.°,=-~._.-_._~ 'e_<?r`-'_^,.......,.-5:9
Eliminating title ~ l~ulea.
The department may make any reasonable rules relating to the enforcement and proper operation of this chapter.
littp://apps.leg.wa.gov/RCW/default.aspx?cite 65.20&full=true 1012012010
~l~er ~5,~4 las~fica~ion ~f tna~ufactuted t~otnes Wage 7 of 8
~~~.~iY ~a.M'~'Mti,:i..~r..-..:R!Y:-'"9'J,`T'<~,.."!..?~(~r~::'~V,'x:,:.,/M•?,.:,.1~•,1 .~..^~",.rr. .r.+r .."'^T_~-^~'.~c.,~ _ _ :TJ.r.-l.-. x:.x^. - *^-,++~,-+.-.~~,1„. .h...~.........,......
mac„, ,.rA,-..~. M. ~._M.,.,,_._..,.,,.~...,._~._~_.~....,__~._...t_.......,.~.__....... ^~a i:,.,~~..3`,~:x'",xr .~.,M~:~>ti:a~ti.r ..•;,~:ra~~~Mr'- w'~.,':;~~&.~....~.,r.~, .~,>~.rt;:v
v~~'P~>'" - . ~~.a:~ „~~.~a~ ,:..~...,'~,.r.:,.,.....~..,w..;,~1M3~,:!..,.:,a.~.,,..,~: ~,.,r °R`:~!::aTi.!Mr!?'~
~l~n~~~~ing t~tl~ ^ Not~Ce.
vunty auditors shall notify county assessors regarding elimination of Cities to manufactured homes, the retitling of manufactured
Names, and the movement of manufactured Names under I~~VU 65.2a,0~a.
989 c 34~ § ~ 3,]
,v., ..x.: `S:T'.,. ..n.,.Y, Yn. ,-v.~::r.:/,%,.:;,. F, ,~...::%,xxY.-~.n~.'M~:;:...r.:~",:~~..:-.r,"-:^„rr~xi~;t~::,A,~:. .-.::.J...-~.: r.,:...:.-:;:;...... - _ _ _ ::,-:.~-;.,;:.~.:`::.-r.r..-
:,J1-,.,.x.-r...,.. :t - ~!~X.:~.-a~~..,.:~-;•.~~:: F,..r....,...r.,.,,,,..,. ~....,w,,.........~,r t \ v .+Tj'~'... ~~..,:...,:,a.,r.Y,~„~ ~,:x.~,-.^:,+'!.x~ . w _
!J'!~R /J~ ~~Ew~y]~ +-w+; M...,~..1.~.~,..~._........_._,M..,.,__..._..,_,_.__:.._.._.,_._ti~.._.~_.._...,..._.~_s....~.a...1w 1...._w._...__.,..._....J.:..~..._..,..,....,:_,J::....,.,,~~..r._.,..M.
,.~...,,._...~„~i..._ ................~.._4....,.,..,_.,...........y..........~.=/..._...._.....,......: _!F:.'_„_:'.."~....., _.W.ti.~f~...._...~.w._,i:.1::f~.._~,.,........~...._._._w._._...,,_._~~
........~ Val V,~ AF~
general penal~~es,
every person who falsifies or intentionally omits material information required ire an affidavit, or otherwise intentionally violates a
` materiel provision of this chapter, is guilty of a grass misdemeanor punishable in accordance with R~vU 9A,~a.a~~,
[989 c 343 §
h ~ M l~4 .x'.:'.., J! ..k ~`.\,.~.ti',,rr. nY*.TAY:m :.:%.~?.„J.•n maun~'?,,:, r-s..•S'r~ xn T :.!:TRV.',~?v,',~x-..5:(:~ ~-~":~:T'.-RY.~.~~F:IT .,.F.m-+- .,~.uF: rn ....r -':~iti.~~•""+r~-rr.i"r„'„
1 r'
plyy~l}}~_~_.__......~.,...~~...,....._.....t....._.._...,.._............_..~...........~..,.,.,~...,.x,..f....,,,,..,~..,.~,.,: ~..'j..,.,_.......,,.,x..2 'x ~'_1' _,rxxfx,l+.•r,.s,-ir,am.
~T NT.:~~:C:!:.~h,.:,..s..~h,,,.,.~.,~..,...: ,V,n~~.-,.~r+, :~x-Q
Pra~e~tlve effect,
This chapter applies prospectively only.1~1N ~~.O.g3~ applies to all security interests perfected on or after March ~ , ~ g9a. This chapter applies to the sale or transfer of manufactured
homes on or after larch ~ , ~ 990, where all of the existing ownership rights and
interests in the manufactured home are terminated in favor of now and different owners, or where persons who own a manufactured
home an or after March t99~, voluntarily elect to eliminate the title to the manufactured Name under this chapter
(1989 c 343 ~ ~4,] -
~yr_,~v- ~~:.x-.;:,~..~r:.:~..vr~"v;:-~~M..,,w~x:N ....~.~,r r~....r ~,r ~-.w., ,,.w::.::r.w.~-+"+^-^'m-- L.`=.,T T•" ,..,,.~...t~......,......:... ~.7M~1ri..,, ...r,,:.~,\".?.x..,..,I
! ,.......I .-M..,,.,~:K-°~ , n....>.w.,
Effect on ta~atron,
i
Nothing in this chapter shall be construed to a#fec# the taxation of manufactured homes. 5
989 ~ 343 ~ ~ 5.~
r:,xr.Y;^.:~_;.:v. r.r,__._,Y;_.~__,-,~.,r_ ,r:.rr,,,- r ~':r.-.. ~~,:v -rrv;: ~~:ti=~-s~~,~.~.~~.~~.v. ~..~t.F :"r:J:r;::"'rnn~:r, ::".:~,,~,:M!•'. ~wru:l: r:':'F:;YJ!' x „r,'J"w:.,,r
.:./'.:1.'."Sir.-.~~..~:".r:%f.i~::f':!".rs:-.~:::~.:.;:::,.:J:%: v: ~...A:Fr:.r~~...:',_. "x._ _ ~~'l: ::J~'."',-:,T'.r~.'1.T. ;:-/'~n~.,~_._._. ,..x::.na,'.-.Z'.:.:-:.~~...:.. .:l
J:,~~l'.'1'.-"r+-ti':.;..,,..",: „ , ri,.:r.__!.N ti~ v - C . ~.w,._._.~_.t._,.,.,._M_..._,._,,._~~..,_._M..~~y..,,,.;.:•a~.:,.„ t,.. T~,,.:..,:..t n ~ ..o r~a,:,,,.m_..,~.r....,.,.'Y:K•7r"'.....,,."
`.7r.'w,..,..,...~.,...s,~..,,M,.~.~....,.:......,......,..r...........,..,.,..~.::...........,.....,.,....._,~.......~.....r....r..x,..,........,.......,.........,........ .,~....,:.~>.,B
~SR~OR9~a
ap~lon not law.
Section headings as used in this chapter da not contitu#e any part of the law.
989 c 343 ~ ~
. 1 .........K.: t.. ).~-r......:.+"x....~~.".^N r~,(:': fv:.~?~,.'~iw~+.-+,,'-r r,""y:.w "u.~^"' ~,~':'?'P`%"x -'1;-~..v~:.-.. 'n:.~ti+-t -,.-JV.v~
http:Happs.Ieg.wa.gov/R ldefault,aspx?ctte=65,20 f ill true 10120/2010
~~~ap~e~~ ~~20 R ~a~s~~~atio~~ ~fnl~nt~fa~tux~ed ~~m~ gage 8 ~f S
G~2~,93D
ho ~it~e,
This chap#er nay be known ~n~ cited as the man~fact~red hams real property act.
[989 c 343 § ~1.~
F_._~,,.o-(r'`r~.~.r.~.x.....~ ../4,~., x... , , . . , ~ 4. w.s....~ -mm , r r• r , ~^,,~.°~x:n:;a~„v~:rn~.,r...,:,-• .~r~n~~i: _ _ _ _ _ _ _ _ a.k.,._....x_w.___..._..,.._.._...~,.~..__r..,..,.s..,.
.....a..,,~,.....~...,,.~~..t,~~M.,~~,,...M.s.,x..x::: r.. -~.r.~~.e.:r<„xr:~x.: r..~:~~,,,-;:.t: ..:~..~;-.~:'r,. ,.vy,r?w-n Yr; .r~•r.~aic-~x °✓%s.. ,••.~~v ~xrk:,r.5;.~':~~;~.xsx:xaa
;w.,. ~...~._..r.~._x._._r. _._....r_.__...__~:__._.._.._.__.._.. ._M.,.,~..., ..~...:..,...:.,..,.s.._. ;..,x.,.,... ~....n.:.;r~.:.:~,.:. .,~~v~.,,rmr.,.,......_.~. a,.....~~,,~_.._ii_
85~~D.94~
eve~abiii#y X989 c 343.
If ar~y prevision of this act or its application to any person or c~rcumt~r~c~ is held invalid, fhe rema~~der of the act or the app~icatEon o~
the provision to a#her persons or circums#ances is not affected.
[989 c 343 ~ 2~.]
, ~_,f~".1..;.._.:.:x...,..M~::_.:.,.:~~x.r. :.v,w~a.• ~-r-~,-o-< ::T^nr~ r-, ~...%~.~.aa-'r.,:., ~x~::~. a:~s:.rm:-r..w ~w.^.wn~r.~c~ar~m>~.wh.:
~~44rryy ,,,wwy+y i i~~+F~Yi9
~~fec~lve ~a#e ~ 989 C 343.
This act shall take effect on larch X990.
989 c 343 27,E
littp:Happs.Ieg.wa.gov/RCW/default.aspx?cite=65.20&ftilI=true 1012012010
Page ~ 8
~C~vin ny~~
Franri, If~bel ~icken~~lhbe~,~icke~aofumbfaLe~~f.argl
entF i~arrday, ~cto~a~ ~4, Oda ~:8 P~
~`o ~ Pete Leuuf s
C~; ~evfn n~~e~
Subject: RF; I~format~on
agar Levis,
~evir~ nyde~{, Dlr•ector of pity a A~rb~zrn Pla~u~in and Developnle~~t Dept has been bind er~ougl~ to share rvitll
nee the i of .Au~O~~r•n's ardinanee ~.s the ~•ela.te to "r~ab~le borne ark" zanit~ atxd a~•t ~rti~i ~illin . p ~ ~ Y tY
~.~ile ~ have rat ~•cvicv~Ted ot•dinances from every local ~ur•isdictian in tl~e state of ~vash~xagtor~, xt seeds tome
that Auburn ~s "a~~ead ofthe curve" in its p~•atectians far ~anufactu~~ed honle~ners diving Inland-leased _
car~~rrrunit~es,
~t is goad to knov~ that Aub~rr•n leas had ire pl~ee for tY~any years a "tnabile hone park" zone which appears to
give r~xax~ufactureal horneo~vr~ez~s ~.a~~e security of tenure thin the state's 1V~ar~u~'acturedlmobile I~on~e Laradlo~•d
Tenant Act,
The ark billin ordinance seems to rav~de a ~~ocess ~vhezeh l~arr~ec~ners anal renters roe ~nfored a` p ~ ~ p ~ ~
billing practices anc~ p~•avided an opportur~~ty to challenge arr~ billing they Fear might ~~et be acc~~rate,
Thank you ~or• all tl~e ~vo~•k the pity afAuburt~ leas dorxelcontinues to da to ensure that n~at~ufactured
har~~eo~vners are p~•ovi~led safe anal secure places to live 1
~shbel icket~s.
h
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P.'T ~T
ectio~s;
~_3. ~ ~ 0 pert title ~r~d pur•pos~,
~,~~•a~a DEf1Il~tron,
10/20/2010
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D~l~ L~n~lot~d-T~nan~ Pale ~ of 3
- De~ar~ment~ ~ Services ~ Staff ~]irectory
~ ~ ~ ~ i .
~ Seattie.gov ~ This Department
::r
i hermits Cvr~ fiance Online Tools Resource Center Plane ng p i
x,~:: . ;.:N.. , r.: . ~ ~ More Infarmat~on
RAWER ~UTAGF~
- ~ E TIPS AF TY ~ i r~ ~ ^~Y:
t-j` Fiad canon rr~onoxide facts F. A x~~ from the Beattie-King County
.r,". Healkl~ Department in multiple
la~gua~es, including Englisf~,
=y Landlord-Tenant Law I Tenant Relocation I ~#her ~lousin and Related Information I Inter Teter Spanish, Vietnamese,
Service I Other Inl artar~t irlfarma#EOn 5amaf~, Ci7inese, Korean and ~ n }
'~f l~T~ss~~n. I ti~ y':
~y City Light offers brochures in
multiple languages about wi~at to do if your dower goes
3 Landlord-Tenant Law out. E~
f~ i ~ Er~glil
1
Vl~hat ail Seattle landlords and tenants reed #o knave. ~ Chinese! ~ ~
R l~ussian 1 cc~~~ a~~a~
~ Info far Tenants - A summary of Seattle and Uvashington State landlords#enant laws ~ ar~ish 1 Es a~ol }
i;~ n Vietnamese I Tien Viet
Translated versions available: Cambodian 1 lthmer, Chinese I ~ ~r Korean 1 ~ Lao 1 V F ~ Questions? Laotian 1 Phaasaa Laao, Russian I ~yce~~~ ~~i~, Somali 1 of oomaal~, anish 1 Es anol,
if you have questions, call tl~e Tagala~,llietnamese ~ Tien 11i~t
{s Lanailord Complaint Line at
~ ~~g~} 5-a08. Printed copies of this information, both in translation and English versions, can be obtained
Filing complaint at the DPD Public l~_~source Center. To file a lndlordltenant-
.~f related complaint with DIED,
~ City of Seattle ,#us# Cause Eviction Ordinance SSMC 2~.2D6.'i 50~~} see 1~ilir~ Corn faint about
a Potential Code Vivlatior~.
This city ordinance regulates the terming#ion of month-to-mon#~ rental agreements within #l~e
City ofSeatt~e. Its provisions are enforced by DPD. l=ormore information coq ~2gG} B~-
g8D8.
Also see Client Assis#ance Memo~CAM} ~g4A, Sea#tle taws I~egardi~g Buildin_
Maintenance and Re air.
d Prohibited Ac# by Owners SSMC ~~f2gG.~8D} and Tenants SSMC ~~.~oB,~9g} .
t
5~~ This por#ion of the City of Seattle Housing and Building Maintenance Code lists actions that r:
property owners and tenants must no# commi#. Path sections of the code are enforced by
the Seattle Police Department,
Ot~ficers with the Community Police Teams can be core#ac#ed by calling your local police
precinct,
littp://www.scattle.gov/dpd/Publications/Laiidlord ~Tenantldefault.asp 1012012010
DPD ~a~dlat~d-Tenant gage ~ of ~
~ City of Seattle Rental Agreerr~ent Regulation Ordinance SSMC Chapter 7.2~} .
4 This city ordinance prohibits the use of "one,way leases", requires O days advance written r:
notice for a rent increase of ~a°1~ or mare in a month period, and requires the distribution
of summaries of City and State landlord tenant laws. This ordinance is not enforced by .:f
DPD f i7
Also see CAIN ~D7, ea~ttie's Rents! A regiment Re ~alatian Ordinance, for more information. i5
~y ~ City of Seattle dousing and Building aintenar~ce ~o~e ~S#~ chapter ~~,20D}
This ordinance regulates the condition of rents! housing within the Clty. DPD enforces this
ordinance are a complaint-base system. Call ~~a5} B~ 5-08a8 for mare infarmatior~ or to ale a
complaint.
,t
See also CAM g~A, Seattle Laws R~.~ardina building Mair~tenar~ce aid chair.
:;i ~ City of Seattle Land Use and honing ode Tit e
This ordinance governs how land can be used within the City of Sea#tleF DPD enforces this
title on a oomplaint~base system, Call ~~06} ~ 5~g8a8 for mare lnfarmatian or #o f re a
f cornplain#~ ~r
~.5 ■ 1lVashington Sts#e R.s~dential t_andlord~Tenant Act Chapter a~~ 8 RCw~ ~5 . Cy
l'v This state law provides the major regulatory scheme far the landlord-tenant relationship in
~F 1Nashington~ The City of Seattle does not enforoe this law.
~ Unlawful Detainer ~~victian} Statute ~Cha ter ~g.~2 RC11V} f~
This statue governs the eviction process. DPD plays r~o role in the eviction process.
.h
j~:
{'.j i:.~ i, }
T'er~a~# Reloca~~~n
~t ;'x
~ Tenant Retocation Assistance Ordinance ~~C Chapter j,'.
The ordinance requires a property owner to pay relocation assistance to law~incame tenants
} displaced by the demolition, substantial rehabilitation, change use, or removal of use restrictions on their l~rousing unit, The amount of relocation assistance is currently
$,OD~,Dg, paid in equal shares by the Ci#y of Seattle and the property owner.
r:-.
Also see CAIN ~ 2, Seattle's Tenant Relocation Assistance Ordinance
4;
~ Mobile blame Relaca#ion Assistance Chapter ~9.2~ RC1}
This is a state law that regulates the payment of relocation assistance to tenant households
that are displaced by the closure of a mobile home park. The Ci#y of Seat#[e is responsible
far approving the relocation plan related to the park closure. The State of V~lashington
http:114 ,NT.wattle.gov/dpd/Publicatiatx /Laiidlord Tenantldefault.asp 10/20/2010
~P~ landlord-~~~~a~xt Page o~ ~
} handles the payment of assistance.
,t
ether H~u~nc~ and Hotas~ng~ ~la~~d I~farma~~~n ;
f:> f$ `~5 iy S=
~ DPD ~Ai~ lodex
~ lVlove in condition cl~ec~clist ~co~ing soon}
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~'F
~nterpree~ service
An interpreter service for the non-~nglis~-speaiCing pubtic is available to assist in abtainir~g
infarrrtatien, filing a complaint, and obtaining the documents listed on this website by calling ~2~6}
1 -~8D8.
ether ~mportartt lr~~or~t~ion
~a
Conflict Resolution Training far t.ar~dlards and Tenants: Contact the King County dispute
Resolution Center at {~DG~ ~4~,g~0.
Deparfr~ent of l'iann~ng and Development ~DP~}
DPD Name ~ ~~out DPD ~ contact DPD ~ Search ~P~ ~ bite Index .
Navigate to: ~Il~e're Here ~o Help.,. Follo~r U
Seattiergov ~Io~te Pale i~ayar's office Q~testians !Complaints CityLink Slogs
Business Irt Seattle Ci Cv~irtcii Customer Service Sa~iai Media Sites J
Livid ire Seattle Ci De srtments fAQs 1 E
r : C Visiting Seattle ~~~tployee Directory ~ ~
~ityServices Call Z~~ ~$4-CITY
{ } ~
~ opyrigfitt ~ 9~~-~D~ ~ City of Sea#tle P~ivecy and Seou~ity Poiioy
littp;llww~v,seattle.goo,/dpd/PLiblications/I.,aiidloi-d-Telialit/default.asp 1012012010
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