Chapter 4.05
RENTAL HOUSING PROTECTIONS
Sections:
4.05.040 Distribution of information required.
4.05.050 Deposit requirements and installment payments permitted.
4.05.080 Due date adjustments.
4.05.100 Social Security numbers.
4.05.010 Purpose and intent.
The purpose of this chapter is to promote increased housing security in SeaTac by establishing regulations and standards, related to the terms established within a rental agreement between a landlord(s) and tenant(s), and supplementing those provisions contained in Chapter 59.18 RCW, the Residential Landlord Tenant Act of 1973 (“RLTA”), as amended. To achieve this purpose, this chapter establishes minimum notice requirements for rental rate increases, establishes maximum fee amounts, protects renter privacy, allows for the adjustment of rental due dates, and establishes additional just cause protections for renters.
The intent of this chapter is to establish a rental program to support physical and social stability in established residential neighborhoods. The regulations contained in this chapter are intended to balance the needs of the landlord and tenant. SeaTac recognizes that the renting of residential property is a commercial venture where owners and landlords must evaluate risk, profit, and loss. Providing housing for SeaTac residents directly impacts quality of life, and therefore requires regulations to ensure that it is equitably undertaken. This chapter strives to ensure housing security for current and future residents and addresses potential retaliation against tenants who make complaints about housing conditions. (Ord. 23-1009 § 1 (Exh. A))
4.05.020 Applicability.
SMC 4.05.020 through 4.05.110 apply to tenancies governed by Chapter 59.18 RCW (RLTA) and Chapter 59.20 RCW (Manufactured/Mobile Home Landlord Tenant Act) and are in addition to the provisions provided in said chapters. The provisions of this chapter shall not apply to rental agreements between an owner and tenant where the owner shares the dwelling unit as a primary residence with the tenant. (Ord. 23-1009 § 1 (Exh. A))
4.05.030 Definitions.
The definitions of this section apply throughout this chapter unless the context clearly requires otherwise. The definitions of RCW 59.18.030 (RLTA) also apply to this chapter unless otherwise defined in this section.
“Days” means calendar days unless otherwise provided.
“Director” means the City of SeaTac Director of the Community and Economic Development Department, or the Director’s designee.
“Dwelling unit” has the same meaning as RCW 59.18.030(10), as may be amended. At the time of passage of the ordinance codified in this chapter, the RLTA defined “dwelling unit” to mean a structure or that part of a structure which is used as a home, residence, or sleeping place by one (1) person or by two (2) or more persons maintaining a common household, including but not limited to single-family residences and units of multiplexes, apartment buildings, and mobile homes.
“Immediate family member” has the same meaning as RCW 59.18.030(10), as may be amended. At the time of passage of the ordinance codified in this chapter, the RLTA defined “immediate family member” to include the spouse or domestic partner, dependent children, and other dependent relatives.
“Landlord” has the same meaning as RCW 59.18.030 as may be amended and excluding living arrangements identified in RCW 59.18.040. At the time of passage of the ordinance codified in this chapter, the RLTA defined “landlord” as the owner, lessor, or sublessor of the dwelling unit or the property of which it is a part, and in addition means any person designated as representative of the owner, lessor, or sublessor including, but not limited to, an agent, a resident manager, or a designated property manager.
“Nonrefundable move-in fees” means nonrefundable payment paid by a tenant to a landlord to cover administrative, pet, or damage fees, or to pay for cleaning of the dwelling unit upon termination of the tenancy but does not include payment of a holding fee authorized by RCW 59.18.253(2).
“Rent” means recurring and periodic charges identified in the rental agreement for the use and occupancy of the premises, which may include charges for utilities. These terms do not include nonrecurring charges for costs incurred due to late payment, damages, deposits, legal costs, or other fees, including attorneys’ fees. Provided, however, that if, at the commencement of the tenancy, the landlord has provided an installment payment plan for nonrefundable fees or deposits for the security of the tenant’s obligations and the tenant defaults in payment, the landlord may treat the default payment as rent owing.
“Rental agreement” has the same meaning as RCW 59.18.030(30), as may be amended. At the time 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.
“Security deposit” means a refundable payment or deposit of money, however designated, the primary function of which is to secure performance of a rental agreement or any part of a rental agreement. “Security deposit” does not include a fee.
“Subsidized housing” has the same meaning as RCW 59.18.030(33), as may be amended. At the time of the passage of the ordinance codified in this chapter, the RLTA defined “subsidized housing” as rental housing for very low-income or low-income households that is a dwelling unit operated directly by a public housing authority or its affiliate, or that is insured, financed, or assisted in whole or in part through one of the following sources: (a) a Federal program or State housing program administered by the Department of Commerce or the Washington State Housing Finance Commission; (b) a Federal housing program administered by a city or county government; (c) an affordable housing levy authorized under RCW 84.52.105; or (d) the surcharges authorized in RCW 36.22.178 and 36.22.179 and any of the surcharges authorized in Chapter 43.185C RCW.
“Substantial rehabilitation” means extensive structural repair or extensive remodeling and requires a building, electrical, plumbing, or mechanical permit for the tenant’s dwelling unit at issue. Any “substantial rehabilitation” as provided herein requires displacement of a tenant.
“Tenant” has the same meaning as RCW 59.18.030(34), as may be amended, and excluding the living arrangements identified in RCW 59.18.040 and 59.20.030(24), as may be amended. At the time of passage of the ordinance codified in this chapter, the RLTA defined “tenant” as any person who is entitled to occupy a dwelling unit primarily for living or dwelling purposes under a rental agreement, and RCW 59.20.030 defined “tenant” as any person, except a transient, who rents a mobile home lot. (Ord. 23-1009 § 1 (Exh. A))
4.05.040 Distribution of information required.
A. Distribution of Information Packets by Landlord.
1. The Director shall prepare, and update as necessary, summaries of this chapter, the SeaTac Property Maintenance Code (Chapter 13.210 SMC), State RLTA (Chapter 59.18 RCW), Forcible Entry and Forcible and Unlawful Detainer (Chapter 59.12 RCW), and fair housing laws, describing the respective rights, obligations, and remedies of landlords and tenants, including information about legal resources available to tenants.
2. A landlord shall provide a copy of the summaries prepared by the Director to any tenant or prospective tenant when a rental agreement is offered, whether or not the agreement is for a new or renewal agreement.
3. Where there is an oral rental agreement, the landlord shall give the tenant copies of the summaries described herein, either before entering into the oral rental agreement or as soon as reasonably possible after entering into the oral rental agreement.
4. For existing tenants, landlords shall, within thirty (30) days after the summaries are made available by the City, distribute current copies of the summaries to existing tenants.
5. The initial distribution of information to tenants must be in written form and landlords shall obtain the tenant’s signature documenting tenant’s receipt of such information. If a tenant refuses to provide a signature documenting the tenant’s receipt of the information, the landlord may draft a declaration stating when and where the landlord provided tenant with the required information. After the initial distribution of the summaries to tenants, a landlord shall provide existing tenants with updated summaries by the City, and may do so in electronic form unless a tenant otherwise requests written summaries.
6. The packet prepared by the Director includes informational documents only, and nothing in the summaries therein shall be construed as binding on or affecting any judicial determination of the rights and responsibilities of landlords and tenants, nor is the Director liable for any misstatement or misinterpretation of the applicable laws.
B. Notice of Resources. A landlord is required to provide a copy of a resource summary, prepared by the City, to any tenant when the landlord provides a notice to a tenant under RCW 59.12.030. (Ord. 23-1009 § 1 (Exh. A))
4.05.050 Deposit requirements and installment payments permitted.
A. Installment Payments, Generally.
1. Upon a tenant’s written request, tenants may pay security deposits, nonrefundable move-in fees, and/or last month’s rent in installments as provided herein; except that the tenant cannot elect to pay the security deposit and nonrefundable move-in fees in installments if:
a. The total amount of the security deposit and nonrefundable move-in fees does not exceed twenty-five percent (25%) of the first full month’s rent for the tenant’s dwelling unit; and
b. Payment of last month’s rent is not required at the inception of the tenancy.
2. Landlords may not impose any fee, charge any interest, or otherwise impose a cost on a tenant because a tenant elects to pay in installments.
3. Installment payments are due at the same time as rent is due.
4. All installment schedules must be in writing, signed by both parties.
5. The sum of any security deposits, nonrefundable move-in fees, and/or last month’s rent may not exceed one (1) month’s rent, except in subsidized housing where the amount of rent is set based on the tenants’ income.
6. The exception for subsidized housing shall not include tenancies regulated under Section 8 of the Housing Act of 1937, 42 U.S.C. Section 1437f, commonly known as the “choice voucher program.”
B. Fixed-Term Tenancies for Six (6) Months or Longer. Tenants entering rental agreements with terms lasting six (6) or more months may choose to pay the security deposit, nonrefundable move-in fees, and last month’s rent, excluding any payment made by a tenant to the landlord prior to the inception of tenancy to reimburse the landlord for the cost of obtaining a tenant screening report, in six (6) equal monthly installments over the first six (6) months occupying the dwelling unit.
C. Month-to-Month or Tenancy Lasting Fewer Than Six (6) Months. Tenants entering rental agreements with terms lasting fewer than six (6) months or month-to-month rental agreements may choose to pay the security deposit, nonrefundable move-in fees, and last month’s rent, excluding any payment made by a tenant to the landlord prior to the inception of tenancy to reimburse the landlord for the cost of obtaining a tenant screening report, in two (2) equal installments. The first payment is due at the inception of the tenancy, and the second payment is due on the first day of the second month or period of the tenancy.
D. Paying in installments does not apply to a landlord obtaining a tenant screening report, which report cost paid by the tenant shall be limited to the standard and actual cost of the tenant screening report.
E. No security deposit may be collected by a landlord unless the rental agreement is in writing and a written checklist or statement specifically describing the condition and cleanliness of or existing damages to the premises and furnishings, including, but not limited to, walls, floors, countertops, carpets, drapes, furniture, and appliances, is provided by the landlord to the tenant at the beginning of the tenancy. The checklist or statement shall be signed and dated by the landlord and the tenant, and the tenant shall be provided with a copy of the signed checklist or statement.
F. Nothing in this chapter prohibits a landlord from bringing an action against a tenant to recover sums exceeding the amount of the tenant’s security deposit for damage to the dwelling unit for which the tenant is responsible. The landlord may seek attorney’s fees for such an action as authorized by Chapter 59.18 RCW. (Ord. 23-1009 § 1 (Exh. A))
4.05.060 Late fees.
A. Any fees for late payment of rent shall not exceed two percent (2%) of monthly rent per month. No other fees may be charged for late payment of rent. Any rental agreement provision providing for such fees shall be deemed void with respect to any provision prohibited by this subsection. This section shall not apply to or limit decisions, orders, and rulings of courts of competent jurisdiction.
B. Any notice to pay or vacate served under RCW 59.12.030(3) shall include within the notice in at least sixteen (16) point bold font the following information:
You have 14 days to pay the rent required by this notice. After 14 days, you may pay the rent but will have to include a late fee totaling at most two percent (2%) of monthly rent per month for each month of rent owed. If the landlord has started a court case to evict you and the case is filed in court, you will need to pay court costs as well before the hearing date to avoid eviction.
(Ord. 23-1009 § 1 (Exh. A))
4.05.070 Rent increases.
A. Rent increases shall comply with the provisions of the Washington State Residential Landlord-Tenant Act as established by Chapter 59.18 RCW.
B. A landlord may not increase the rent or charge any nonrent charges except in accordance with this section. Any rental agreement or renewal of a rental agreement shall state the dollar amount of the rent or rent increase and include, or shall be deemed to include, a provision requiring not less than:
1. One hundred twenty (120) days’ prior notice to the tenant of a rent increase over three percent (3%).
2. One hundred eighty (180) days’ prior notice to the tenant of a rent increase over ten percent (10%).
C. If the rental agreement governs a subsidized tenancy where the amount of rent is based on the income of the tenant or circumstances specific to the subsidized household, the landlord shall provide a minimum of thirty (30) days’ prior written notice of an increase in the amount of rent to each affected tenant. In the event of such an increase, the tenant may terminate the tenancy immediately upon surrendering the dwelling unit prior to the increase taking effect. The tenant shall only owe pro rata rent through the date upon which the premises are surrendered. Any notice increasing the current rent shall inform the tenant that they may terminate the tenancy at any time and owe pro rata rent through the date the tenant surrenders the dwelling unit.
D. A landlord shall not increase the rent to be charged to a tenant by any amount if the dwelling unit has defective conditions making the dwelling unit uninhabitable or is otherwise in violation of RCW 59.18.060, Landlord duties, as it exists or may be amended. If the tenant believes the dwelling unit has defective conditions making the unit uninhabitable the tenant shall notify the landlord in writing as required by RCW 59.18.070 before the effective date listed in the notice of rent increase. (Ord. 23-1009 § 1 (Exh. A))
4.05.080 Due date adjustments.
All rental agreements executed after the adoption of the ordinance codified in this chapter shall include a provision allowing tenants to adjust the due date of rent payments if the tenant has a regular primary source of income, monthly source of governmental assistance, or fixed income source (e.g., Social Security) that the tenant receives on a date of the month that is incongruent with paying rent on the date otherwise specified in the rental agreement. A landlord shall not refuse to rent to a prospective tenant or terminate a lease based on a request for a due date adjustment. (Ord. 23-1009 § 1 (Exh. A))
4.05.090 Just cause eviction.
A. Tenant evictions within the City of SeaTac shall comply with the provisions of the Washington State Residential Landlord-Tenant Act as established by Chapter 59.18 RCW.
B. If the reason for the eviction proceedings is due to the tenant being past due on rent, the landlord shall terminate eviction proceedings when the tenant has paid the landlord the past due amount for rent or when a payment plan has been agreed upon between the landlord and tenant.
C. A landlord may not evict residential tenants from rental housing units if the units are not licensed with the City of SeaTac, regardless of whether just cause for eviction may exist.
1. A landlord is in compliance with licensing requirement if the rental housing unit is licensed with the City of SeaTac pursuant to Chapter 5.05 SMC before entry of a court order authorizing eviction or before a writ of restitution is granted.
2. A court may grant a continuance in an eviction action in order to give the landlord time to license the rental housing unit.
D. The reasons for termination of tenancy listed below shall constitute just cause under this section:
1. The tenant fails to comply with a fourteen (14) day notice to pay rent or vacate pursuant to RCW 59.12.030(3); a ten (10) day notice to comply or vacate pursuant to RCW 59.12.030(4); or a three (3) day notice to vacate for waste, nuisance (including a drug-related activity nuisance pursuant to Chapter 7.43 RCW), or maintenance of an unlawful business or conduct pursuant to RCW 59.12.030(5);
2. The tenant fails to comply with a ten (10) day notice to comply or vacate that requires compliance with a material term of the rental agreement or that requires compliance with a material obligation under RCW 59.18.130;
3. The owner seeks possession so that the owner or a member of his or her immediate family may occupy the unit as that person’s principal residence and no substantially equivalent unit is vacant and available in the same building, and the owner has given the tenant at least ninety (90) days’ advance written notice of the date the tenant’s possession is to end. The Director may reduce the time required to give notice to no less than sixty (60) days if the Director determines that delaying occupancy will result in a personal hardship to the owner or to the owner’s immediate family. Personal hardship may include but is not limited to hardship caused by illness or accident, unemployment, or job relocation. There is a rebuttable presumption of a violation of this subsection (D)(3) if the owner or a member of the owner’s immediate family fails to occupy the unit as that person’s principal residence for at least sixty (60) consecutive days during the ninety (90) days immediately after the tenant vacated the unit pursuant to a notice of termination or eviction using this subsection as the cause for eviction;
4. The owner elects to sell a dwelling unit subject to the provisions of this chapter and gives the tenant at least ninety (90) days’ written notice prior to the date set for vacating, which date shall coincide with the end of the term of a rental agreement or, if the agreement is month to month, with the last day of a monthly period. The Director may reduce the time required to give notice to no less than sixty (60) days if the Director determines that providing ninety (90) days’ notice will result in a personal hardship to the owner. Personal hardship may include but is not limited to hardship caused by illness or accident, unemployment, or job relocation. For the purposes of this subsection, an owner “elects to sell” when the owner makes reasonable attempts to sell the dwelling within thirty (30) days after the tenant has vacated, including, at a minimum, listing it for sale at a reasonable price with a realty agency or advertising it for sale at a reasonable price in a newspaper of general circulation. There shall be a rebuttable presumption that the owner did not intend to sell the unit if:
a. Within thirty (30) days after the tenant has vacated, the owner does not list the single-family dwelling unit for sale at a reasonable price with a realty agency or advertise it for sale at a reasonable price in a newspaper of general circulation, or
b. Within ninety (90) days after the date the tenant vacated or the date the property was listed for sale, whichever is later, the owner withdraws the rental unit from the market, rents the unit to someone other than the former tenant, or otherwise indicates that the owner does not intend to sell the unit;
5. The tenant’s occupancy is conditioned upon employment on the property and the employment relationship is terminated;
6. The owner seeks to do substantial rehabilitation in the building and gives the tenant at least one hundred twenty (120) days’ written notice prior to the date set for vacating. To utilize this basis as the rationale for termination, the owner must obtain at least one (1) permit necessary for the rehabilitation before terminating the tenancy;
7. The owner elects to demolish the building, convert it to a cooperative, or convert it to a nonresidential use and gives the tenant at least one hundred twenty (120) days’ written notice prior to the date set for vacating. To utilize this basis as the rationale for termination, the owner must obtain a permit necessary to demolish or change the use before terminating any tenancy or converting the building to a condominium;
8. The owner seeks to discontinue use of a housing unit unauthorized by SMC Title 15 after receipt of a notice of violation;
9. The owner seeks to reduce the number of individuals residing in a dwelling unit to comply with the maximum limit of individuals allowed to occupy one (1) dwelling unit as required by SMC Title 13; and
a. i. The number of such individuals was more than is lawful under the current version of SMC Title 13; and
ii. That number has not increased with the knowledge or consent of the owner; and
iii. The owner is either unwilling or unable to obtain a permit to allow the unit with that number of residents; and
b. The owner has served the tenants with a thirty (30) day notice, informing the tenants that the number of tenants exceeds the legal limit and must be reduced to the legal limit; and
c. After expiration of the thirty (30) day notice, the owner has served the tenants with and the tenants have failed to comply with a ten (10) day notice to comply with the limit on the number of occupants or vacate; and
d. If there is more than one (1) rental agreement for the unit, the owner may choose which agreements to terminate; provided, that the owner may either terminate no more than the minimum number of rental agreements necessary to comply with the legal limit on the number of occupants, or, at the owner’s option, terminate only those agreements involving the minimum number of occupants necessary to comply with the legal limit;
10. An emergency order requiring that the housing unit be vacated and closed has been issued pursuant to SMC Title 13 and the emergency conditions identified in the order have not been corrected;
11. The owner seeks to discontinue sharing with a tenant of the owner’s own housing unit, i.e., the unit in which the owner resides, seeks to terminate the tenancy of a tenant of an accessory dwelling unit that is accessory to the housing unit in which the owner resides, or seeks to terminate the tenancy of a tenant in a single-family dwelling unit and the owner resides in an accessory dwelling unit on the same lot. This subsection does not apply if the owner has received a notice of violation of the development standards of SMC Title 15;
12. A tenant, or with the consent of the tenant, the tenant’s subtenant, sublessee, resident, or guest, has engaged in criminal activity on the premises, or on the property or public right-of-way abutting the premises, and the owner has specified in the notice of termination the crime alleged to have been committed and the general facts supporting the allegation, and has assured that the Department has recorded receipt of a copy of the notice of termination. For purposes of this subsection a person has “engaged in criminal activity” if he or she:
a. Engages in drug-related activity that would constitute a violation of Chapter 69.41, 69.50, or 69.52 RCW; or
b. Engages in activity that is a crime under the laws of this State, but only if the activity substantially affects the health or safety of other tenants or the owner.
E. Any rental agreement provision which waives or purports to waive any right, benefit or entitlement created by this section shall be deemed void and of no lawful force or effect.
F. With any termination notices required by law, owners terminating any tenancy protected by this section shall advise the affected tenant or tenants in writing of the reasons for the termination and the facts in support of those reasons.
G. If a tenant who has received a notice of termination of tenancy claiming subsection (D)(3), (4) or (11) of this section as the ground for termination believes that the owner does not intend to carry out the stated reason for eviction and makes a complaint to the Director, then the owner must, within ten (10) days of being notified by the Director of the complaint, complete and file with the Director a certification stating the owner’s intent to carry out the stated reason for the eviction. The failure of the owner to complete and file such a certification after a complaint by the tenant shall be a defense for the tenant in an eviction action based on this ground.
H. In any action commenced to evict or to otherwise terminate the tenancy of any tenant, it shall be a defense to the action that there was no just cause for such eviction or termination as provided in this section.
I. It shall be a violation of this section for any owner to evict or attempt to evict any tenant or otherwise terminate or attempt to terminate the tenancy of any tenant using a notice which references subsection (D)(3), (4), (6), (9), (10) or (11) of this section as grounds for eviction or termination of tenancy without fulfilling or carrying out the stated reason for or condition justifying the termination of such tenancy.
J. An owner who evicts or attempts to evict a tenant or who terminates or attempts to terminate the tenancy of a tenant using a notice which references subsection (D)(3), (4) or (6) of this section as the ground for eviction or termination of tenancy without fulfilling or carrying out the stated reason for or condition justifying the termination of such tenancy shall be liable to such tenant in a private right for action for damages up to two thousand dollars ($2,000), costs of suit, or arbitration and reasonable attorney’s fees. (Ord. 23-1009 § 1 (Exh. A))
4.05.100 Social Security numbers.
A. Tenants may be required to provide the landlord with a Social Security number, if the tenant has one, as part of the application process for a rental agreement. If the tenant does not have a Social Security number, then no landlord shall require a tenant to provide a Social Security number.
B. Nothing in this section shall prohibit a rental housing owner or nonowner manager from either:
1. Complying with any legal obligation under Federal law.
2. Requesting information or documentation necessary to determine or verify the financial qualifications of a prospective tenant, or to determine or verify the identity of a prospective tenant or prospective occupant. However, if the rental housing owner or nonowner manager requests a Social Security number for verifying financial qualifications, other documentation sufficient to verify financial qualifications must also be accepted, such as portable screening reports, Individual Taxpayer Identification Number (ITIN) or other proof of income, and if a person is offering alternative means, the rental housing owner or nonowner manager must offer the same terms to the applicant as if a Social Security number was provided.
C. A landlord may utilize information including, but not limited to, previous names, addresses, personal references, and work history to screen prospective tenants. A landlord shall maintain the right to take adverse action because of inaccurate, unfavorable, or unavailable screening results. (Ord. 23-1009 § 1 (Exh. A))
4.05.110 Enforcement.
A. A violation of this chapter shall be a violation as defined by SMC 1.15.020 and shall be subject to the code enforcement provisions of Chapter 1.15 SMC, Code Enforcement.
B. Powers and Duties of the Director.
1. The Director is authorized to enforce this chapter consistent with the provisions of Chapter 1.15 SMC, Code Enforcement.
2. The Director shall attempt to settle by agreement any alleged violation or failure to comply with the provisions of this chapter; provided, that nothing herein shall create a right or entitlement of a landlord to settlement by agreement.
3. The Director is authorized to request records from landlord and the landlord shall allow the Director access to such records, as well as a complete roster of tenants’ names and contact information, when requested, with at least five (5) business days’ notice and at a mutually agreeable time, to investigate potential violations of the requirements of this chapter.
C. Any provision in violation of SMC 4.05.040 through 4.05.100 in a rental agreement is null and void and of no lawful force and effect.
D. A landlord found in violation of any of the provisions in this chapter, unless otherwise provided in this chapter, shall be liable to such a tenant in a private right of action for the greater of double the tenant’s economic and noneconomic damages or three (3) times the monthly rent of the dwelling unit at issue, and reasonable litigation costs and attorneys’ fees. (Ord. 23-1009 § 1 (Exh. A))