4-5-125 RESIDENTIAL RENTAL REGISTRATION AND INSPECTION PROGRAM:

A. PURPOSE:

The City Council finds that rental housing is a valuable community asset, providing homes for all income levels. The City recognizes that quality rental housing is a partnership among owners, tenants, and the City. Additionally, the City Council finds that there exists rental housing in the City that is below minimum building standards and could violate RCW 59.18.060 of the Landlord-Tenant Act. As a result, to further the public health, safety, and welfare of its citizens and the maintenance of quality rental housing in the City, the City establishes a program to prevent and correct conditions in residential rental units that are likely to adversely affect the health, safety, and welfare of the public. It is a purpose of this Section to encourage rental housing within the City to be actively operated and maintained in compliance with Chapter 59.18 RCW, the Residential Landlord-Tenant Act. The City Council further declares that this program is for the benefit of the public in general and not for the benefit of any particular or circumscribed class of persons.

B. APPLICABILITY:

This Section applies to rental dwelling units with the following exceptions:

1. Room rental within a rental dwelling unit that is otherwise occupied by the landlord;

2. Accommodations for transient guests for which lodging tax is applicable (hotels, motels, inns, short-term rentals, etc.);

3. Hospitals, hospice and community-care facilities, retirement or nursing homes, extended care facilities, and other similar uses subject to State licensing requirements;

4. Rental dwelling units that a government agency or authority owns, operates, or manages, or that are specifically exempted from municipal regulation by State or Federal law or administrative regulation. Such exemption applies until such ownership, operation, management, or specific exemption is discontinued; and

5. Emergency or temporary shelters and transitional housing.

C. DEFINITIONS:

In construing the provisions of this Section, the following definitions shall be applied:

1. “Administrator” means the Administrator of Community and Economic Development or designee as applicable and any other department administrator authorized by the Mayor to enforce this Section, or their designee, which may include, but is not limited to, Code Compliance Inspector, Building Official, or other designated City official.

2. “Certificate of inspection” means a certificate made in accordance with the requirements of RCW 59.18.125 by a qualified inspector on forms provided by or acceptable to the City that states that the landlord of the rental dwelling unit(s) at issue has not failed to fulfill any obligation imposed under RCW 59.18.060 of the Landlord-Tenant Act.

3. “Dwelling unit” means any structure or part of a structure which is used as a residence or sleeping place by one or more persons, including but not limited to single-family residences, a room, rooming units, units of multiplexes, condominiums, apartment buildings, mobile homes, and other similar residential structures.

4. “Landlord” means an owner, lessor, or sublessor of a rental dwelling unit or the property on which a rental dwelling unit is located and, in addition, means any person designated as representative of the landlord including property managers.

5. “Landlord-Tenant Act” means the Residential Landlord-Tenant Act set forth in Chapter 59.18 RCW, as currently enacted and hereinafter amended.

6. “Person” means an individual, group of individuals, corporation, government, governmental agency, business trust, estate, trust, partnership, association, two (2) or more persons having a joint or common interest, or any other legal or commercial entity.

7. “Qualified inspector” means a United States Department of Housing and Urban Development certified inspector, a Washington State licensed home inspector, an American Society of Home Inspectors certified inspector, a private inspector certified by the National Association of Housing and Redevelopment Officials, the American Association of Code Enforcement, International Code Council certified inspector, a Washington licensed structural engineer, or a Washington licensed architect, or other comparable professional as approved by the Administrator. A landlord is not eligible to act as a qualified inspector for the landlord’s rental dwelling unit.

8. “RCW” means Revised Code of Washington.

9. “RCW 59.18.060 of the Landlord-Tenant Act” means, for the purposes of this Section, RCW 59.18.060(1) through (10), as currently enacted and hereinafter amended.

10. “Rental dwelling unit” means a dwelling unit that is rented or held out for rental.

11. “Rental property” means all residential dwelling units rented or leased on a single lot, or abutting lots, managed by the same landlord.

12. “Residential rental checklist” means a statement, declaration, verification, or certificate made in accordance with the forms provided by or acceptable to the City that each rental dwelling unit at issue complies with RCW 59.18.060 of the Landlord-Tenant Act and does not present conditions that endanger or impair health or safety.

13. “Tenant” is any person who is entitled to occupy a rental dwelling unit primarily for dwelling purposes with or without a written rental agreement.

D. REQUIREMENTS:

1. Annual Registration, Declaration of Compliance, and Certificate of Inspection: On or before January 31st of each year, at least one landlord of a rental dwelling unit shall submit rental registration information by means and form directed by the Administrator, to include but not be limited to:

a. The landlord’s name and contact information;

b. The name and contact information of any person designated by the landlord as an alternate contact or as a representative of the landlord;

c. If desired by landlord, an email or mailing address or other method of contact as approved by the Renton Police Department for participation in the landlord notification program for notice of police activity on the property on which a rental dwelling unit is located;

d. A residential rental checklist for each rental property that expressly identifies all of the landlord’s rental dwelling units; and

e. A certificate of inspection dated within thirty (30) days of registration if a separate certificate of inspection was previously required to be completed by subsection F of this Section within the preceding twelve (12) month registration period.

2. Effect of Multiple Landlords: If a single rental dwelling unit has more than one landlord, the following applies:

a. Only one landlord is required to meet the requirements of subsection D1 of this Section; and

b. Regardless of which landlord registers the dwelling unit, all landlords of the dwelling unit are responsible for compliance with this Section, including ensuring proper registration by at least one landlord.

3. Payment of Registration Fee: To the extent applicable, payment of any registration fees required within the City of Renton Fee Schedule shall be paid annually by January 31st.

E. VIOLATIONS:

1. Each landlord of a rental dwelling unit is responsible for the following violations:

a. Failure to comply with a requirement of this Section, of RCW 59.18.060 of the Landlord-Tenant Act, or both;

b. Any violation of this Chapter, where such violation occurs on or pertains to property occupied by one or more rental dwelling units, and subsection B of this Section does not except such rental dwelling units from this Section;

c. Any violation of any other City, County, State, or Federal law or regulation relating to health or safety, where such violation occurs on or pertains to property occupied by one or more rental dwelling units, and subsection B of this Section does not except such rental dwelling units from this Section.

d. While not a violation under this Section, the City recognizes that reprisal or retaliatory actions by landlords against tenants are prohibited by RCW 59.18.240(1) and that landlords “shall not take or threaten to take” such actions based on tenants’ “[c]omplaints or reports ... to [City of Renton] concerning the failure of the landlord to substantially comply with any code, statute, ordinance, or regulation governing the maintenance or operation of the premises, if such condition may endanger or impair the health or safety of the tenant.” Under applicable state law, retaliation includes, but is not limited to: (1) any act or omission done or threatened to be done as a result of the complaint that would separately violate this Section, or (2) raising rent or terminating the tenancy because of the complaint.

2. Except as otherwise provided in this Section, the enforcement and penalty provisions of chapters 1-3 and 1-10 RMC apply to violations and potential violations of this Section.

3. Any landlord contesting an order of the Administrator pursuant to this Section may appeal the order within fifteen (15) days of the decision to the Hearing Examiner pursuant to appeals process for findings of violations in RMC 1-10-5.

F. CERTIFICATE OF INSPECTION:

The Administrator may order a landlord to complete and submit a certificate of inspection within a time specified within the order under the following circumstances:

1. When a tenant requests an inspection and the Administrator determines there is reason to believe that the landlord has failed to fulfill an obligation imposed under RCW 59.18.060 of the Landlord-Tenant Act;

2. When the Administrator determines based upon other information and/or observation that there is a likely violation of this Section; or

3. Pursuant to a finding of violation or other code enforcement order requiring the landlord to remedy a violation of this Section.

G. SALE OF PROPERTY – NEW OWNER COMPLIANCE:

Where conditions exist that are in violation of RCW 59.18.060 of the Landlord-Tenant Act or this Section or both, and there is a change of ownership or control, the new landlord will be subject to penalties and enforcement for all ongoing violations and registration requirements.

H. PENALTIES AND ENFORCEMENT:

1. A violation of this Section, of Section RCW 59.18.060 of the Landlord-Tenant Act, or an order to complete and submit a certificate of inspection is subject to penalties, enforcement, and appeals under chapters 1-3 and 1-10 RMC.

2. False Reporting: Any person who knowingly submits or assists in the submission of a falsified residential rental checklist or certificate of inspection is subject to penalties and enforcement under chapters 1-3 and 1-10 RMC. (Ord. 5913, 2-25-2019; Ord. 6052, 12-13-2021)