On the heels of some very good results out of this legislative session I would like to announce some changes coming to Washington Landlord association very quickly.  It begins with the bitter sweet news that Mark Gjurasic has finally elected to enjoy some retirement with his lovely wife and foster children.  

After this session and several decades of hard dedicated and fruitful representation Mark is ready to pass the baton to our great friend Chester Baldwin in a full time capacity. This change also sees us making additional changes to our organization in that Chester has elected to step back from our volunteer attorney help line.   

To help facilitate a more equitable share of responsibility WLA will be relocating 
our offices from Chester’s office space to a new site at:

1219 11th Ave SE Suite 101, Olympia, WA 98501

The Olympia Office will be moving on Friday, February 28th
and will be closed until Monday.

We will be providing a map to the new location on our website (please scroll down below to view map) and hope to have it available at the old office for a short time as well. 

I just want to say that I have very much appreciated Chester’s stellar and generous help over the years and I look forward to his continued and increasing efforts as our lobbyist in decades to come.  

With regard to the help line our process remains the same.  I will be available for questions related to the west side and Eric Steven for the east side.  That being said the process has been misunderstood by some so I want to take a quick minute to remind our members about some of the details regarding our help line. 

Advice is limited to 10 or 15 minutes as the attorney is available. Attorney advice may also come from that attorney’s staff. Advice is limited to landlord tenant issues and we are not offering to give advice on any other subject matter. If you call the attorney directly you are not being offered the WLA membership benefit and you must first call one of the WLA office employees to see if they can respond to your query with best practices advice. If not then you may be referred to the volunteer attorney.
 
Once again I just wish to conclude with a profound thank you to Mark and excitement with what the future will bring under Chester’s lobby administration. ​

New WLA Olympia Office Location - Map

 Dear WLA Members: 

Please notice that the bills that we oppose (HB 2520 & HB 2453) are scheduled for Executive Session (vote out of committee) on Friday, January 31 at 10:00 a.m. in the Civil Rights & Judiciary Committee in the John L. O’Brien Building Room A. Our members should contact the committee to oppose these bills. Provided in the following is a link to the contact info of the committee members: http://leg.wa.gov/House/Committees/CRJ/Pages/MembersStaff.aspx

1. HB 2520 - Addressing documentation and processes governing landlords' claims for damage to residential premises. OPPOSE
2. HB 2453 - Providing protections to residential tenants. OPPOSE
3. SHB 2069 - Concerning a property owner's or tenant's liability for delinquent and unpaid utility service charges. SUPPORT

1.     HB 2453/SB 6379 – Statewide Just Cause – Further Statewide Tenancy Restrictions.
Creates statewide Just Cause restrictions similar to the City of Seattle:

• Ends fixed term lease agreements--ostensibly creates a perpetual lease agreement.
• The bill will make it much harder for small landlords to protect the health, safety, and welfare of other tenants in their community.
• Makes it practically impossible for a small landlord to remove a tenant who is dangerous or disruptive to their community.

Sponsors:  Representatives Macri, Thai, Lekanoff, Gregerson, Robinson, Ryu, Frame, Kloba, Peterson, Santos, Bergquist, Johnson, J., Davis, Pollet; Senators Kuderer, Darneille, Das, Keiser, Lovelett, Saldaña

STATUS HB:      House Civil Rights & Judiciary Committee
                            Executive Session: Friday, January 31 at 10:00 a.m. – JLOB Rm A
STATUS SB:       Senate Housing Stability & Affordability Committee
       
2.     HB 2520 – Requires Excessive Documentation to Withhold from a Deposit.
This legislation would make it unreasonably difficult for a landlord to withhold legitimate damage from a tenant’s security deposit:

• Makes it much more difficult for a landlord to withhold legitimate damage from a tenant’s Security Deposits.
• Requires massive and detailed documentation including, the age of all fixtures, equipment, and furnishings, the time since their installment or replacement, and their useful life for every tenancy in order to charge.
• Limits the time to bring an action for recovery of damages exceeding the deposit to within one year of the termination of the rental agreement.

Sponsors:  Representatives Thai, Macri, Doglio, Morgan, Entenman, Pollet, Ryu, Robinson

STATUS:             House Civil Rights & Judiciary Committee
                            Executive Session: Friday, January 31 at 10:00 a.m. – JLOB Rm A
 
If you need anything else, please let me know.
Thank you in advance.
Many thanks.
                                                                                     
Mark Gjurasic
Public Affairs of Washington, LLC
mgjurasic@comcast.net
(360) 481-6000

Dear WLA Members: 

Attached in the PDF link below is the Action Alert on SB 6490 - Endangering Tenant Safety - which is scheduled for a hearing in the Senate Human Services, Reentry & Rehabilitation Committee on Thursday, January 30 at 1:30 p.m. in the John A. Cherberg Building, Room 4. (Address: 304 15th Ave SW Olympia, WA 98504)

​WLA opposes this bill!

To contact the Committee Members about this bill, please see the following link:
Senate Human Services, Reentry & Rehabilitation Committee - Contact Info - Link

ACTION ALERT ON SB 6490 - PDF LINK
 
Thank you in advance.
Many thanks.
                                                                                     
Mark Gjurasic
Public Affairs of Washington, LLC
mgjurasic@comcast.net
(360) 481-6000

With the passage of a statewide cap on rents in Oregon and California, as well as expanded rent regulations in New York and Washington, D.C., rent control policies are gaining traction across the United States. Although there is no shortage of academic research on the negative effects of rent control, NAA engaged Capital Policy Analytics (CPA) to model its impacts on four metropolitan areas, all of which have had increasing calls for rent control during the past two years: Chicago, Denver, Seattle and Portland.

Please see the PDF Link Below to view the full report:
​
Modeling the Impacts of Rent Control - PDF LINK

Provided below is a summary of the bills that passed.
Please note: the new law goes into effect 90 days from the time the Governor’s sign the bill.

Bill Summary PDF

ESSB 5600 - Concerning Residential Tenant Protections
Current Draft

1. Section 1
a. Preamble

2. Section 2 - 59.12.030
a. Extends the pay or vacate notice from 3 to 14 days.

3. Section 3 - New Section in 59.18
a. Creates a standard form pay or vacate notice and inserts into statute.

4. Section 4 - New Section in 59.18
a. Requires the Washington Attorney General’s office to maintain a website with the pay or vacate notices translated into multiple languages.
b. Requires the Washington Attorney General’s office to maintain a list of organizations that will assist tenants.
c. Requires the Washington Attorney General’s office to maintain a website with other common landlord-tenant notices translated into multiple languages.

5. Section 5 - 59.18.030
a. Creates a new statutory definition of rent:
i. Any recurring and periodic charges identified in the rental agreement for the use and occupancy of the premises.
ii. Include charges for utilities.
iii. Excludes non-recurring charges for costs incurred due to late payment, damages, deposits, legal costs, or other fees, including attorneys' fees.
iv. Creates an exemption of security deposit payment plans.

6. Section 6 - New Section in 59.18
a. Requires that a landlord first apply any tenant payments to rent, before applying monies to other costs and fees.
b. Prevents a landlord from obtaining a writ of restitution for the premises for the nonpayment of fees and costs that are not defined as “rent”.
c. Allows a landlord to obtain a writ of restitution for nonpayment of security deposit payment plans.
​
7. Section 7 - 59.18.410
a. Caps the amount of late fees that can be awarded in a judgement at $75.
b. Mandates that the tenant pay an additional $50 for each reinstatement under the section.
c. Allows for reinstatement of tenancies with full payment of the judgment for month-to-month tenancies.
d. Allows for reinstatement of tenancies after a judgment is entered for unlawful detainer through judicial discretion
i. Creates judicial discretion factors for the judge to weigh the matter
ii. Allows judges to set terms for payment plans between landlords and tenants for the payment of the judgment after the tenancy has been reinstated.
1. Tenant has 5 court days to pay one month’s rent of the monies due on the judgment in order for the tenancy to be reinstated.
2. The payment plan may last up to 90 days.
3. Tenant must pay cumulative of one month’s rent of the monies due within the first 30 days of the payment plan.
4. Tenant must pay cumulative of one month’s rent of the monies due within the second 30 days of the payment plan.
5. Tenant must pay the balance of the monies due within 90 days of the beginning of the payment plan and reinstatement.
6. Tenant must stay current on any new rent during the payment plan period.
7. If the judgement is entered between the 15th and the last day of the month, the tenant has the option of adding the next month’s new rent into the judgment payment plan.
8. If the tenant defaults on any of these payments, including the new rent owed, the landlord must serve a 3-day notice and can then have the writ of restitution from the original unlawful detainer executed on the property.
iii. Allows landlords to obtain full payment of the judgment after reinstatement has been awarded through judicial discretion through the Washington State Department of Commerce Landlord Mitigation Program.
1. Judges must make a finding that the tenant is low-income or experiencing hardship.
2. Landlords and tenants must sign a form application with the department requesting payment on of the judgment in full.
3. If the tenant won’t sign the application, the landlord must sign a sworn statement stating that the monies owed are true, and that the landlord made a good faith effort to obtain the tenant’s signature.
4. The landlord applying for Landlord Mitigation Program monies will receive confirmation of available funds in 30 days and have claims paid in 45 days.
5. If the Landlord Mitigation Program does not contain monies to pay the judgment, the landlord may execute the writ of restitution from the original unlawful detainer on the property.
6. Any claims to the Landlord Mitigation Program are durable (remain owing even if the fund has no money) and will be paid in the order requested subject to new funding.
iv. Prevents tenants from access to judicial discretion reinstatement if they have been issued 3 pay-or-vacate notices in a 12-month period.

8. Section 8 - 59.18.390
a. Removes bond requirement language requiring tenants to place money in the court registry in order to stop a writ of restitution that has been executed on the tenant

9. Section 9 - 59.18.365
a. Updates the standard form summons and complaint for unlawful detainer

10. Section 10 - 59.18.290
a. Restricts the awarding of reasonable attorneys’ fees
i. If the tenant fails to appear there can be no reasonable attorneys’ fees awarded in the judgment
ii. If the judgment awarded is less than 2 months’ rent or $1,200 (whichever is greater) there can be no reasonable attorneys’ fees awarded.
iii. If the tenant seeks reinstatement, reasonable attorneys fees can be awarded if the tenancy is reinstated, but cannot be awarded if the tenancy is not reinstated.

11. Section 11 - 59.18.055
a. Redefines the method of alternative service for unlawful detainers and allows alternative service for default unlawful detainers.

12. Section 12 - 43.31.605
a. Amends Landlord Mitigation Program to allow for payments of unlawful detainer judgments when judicial discretion reinstatement has been ordered by the court

13. Section 13 - 43.31.615
a. Amends the Landlord Mitigation Program fund to allow for budget appropriations to pay for judicial discretion reinstatement judgments

14. Section 14 - New Section
a. Creates a null and void clause that prevents E2SSB 5600 from passing if there is not money appropriated from the capital or operating budget to fund the Landlord Mitigation Program.
b. Should have $3 million in additional funds appropriated to the Landlord Mitigation Fund to cover these claims.

SHB 1138 - Armed Forces Exceptions, Notice of Termination of Tenancy
Session Law

1. Section 1 - 59.18.030
a. Creates new definitions of service member, orders, permanent change of station and Service member.

2. Section 2 - 59.18.200
a. Updates language allowing a service member to terminate a lease agreement when receiving a “permanent change of station” instead of “reassignment”.

3. Section 3 - 59.18.220
a. Changes termination of tenancy by service members policy from 7-days after receipt of the order to 20-days before leaving with a written copy of the order or letter from the service member’s commanding officer stating that:
i. The service member is moving at least 35 miles from the current residence and the service member is retiring.
ii. The service member is prematurely or involuntary discharged or released from active duty.
iii. Ther service member receives temporary duty orders that are longer than 90-days.
iv. The service member is released for active duty and their residence is more than 35-miles away from the rental property.
v. The service member is directed to move into government housing.
vi. The service member receives change of station orders after signing the rental agreement but before taking possession of the premises.

4. Section 4 - 59.20.030
a. Applies the same definitions in Section 2 to the manufactured/mobile home landlord-tenant act.

5. Section 5 - 59.20.090
a. Applies the same changes to termination of tenancy in section 3 to the manufactured/mobile home landlord-tenant act.

ESHB 1440 - Providing Longer Notice of Rent Increases
Session Law

1. Section 1 - 59.18.140
a. Amends the notice period for a rent increase for a month-to-month tenancy from 30 to 60-days prior notice.
b. Allows for subsidized tenancies to give 30-days notice for rent increases in subsidized tenancies.

ESHB 1462 - Increasing Notice for Substantial Rehab or Change of Use
Current Bill

1. Section 1 - 59.18.200
a. Requires 120-day notice for termination when a property is being substantially rehabilitated, has a change of use, or demolished.
i. Defines Substantial Rehabilitation as, “extensive structural repair or extensive remodeling of premises that requires a permit such as a building, electrical, plumbing, or mechanical permit, and that results in the displacement of an existing tenant.
ii. Defines Change of Use:
1. Conversion of any premises that results in the displacement of an existing tenant, from a residential use to a nonresidential use;
2. Conversion from one type of residential use to another type of
residential use that results in the displacement of an existing tenant, such as conversion to a retirement home, emergency shelter, or transient hotel;
3. Conversion following removal of use restrictions from an assisted housing development that results in the displacement of an existing tenant; or
4. Exempts displacement of a tenant so that the owner or a member of the owner's immediate family may occupy the premises. This does not constitute a change of use.
iii. A person in violation of the policy is liable in a civil action up to threes times the monthly rent.

Tuesday, March 19th at 10am
Calling all WLA Members to Come to Olympia to Testify in OPPOSITION to SB 5600, concerning residential tenant protections, prime sponsored by 
 
Sen. Patty Kuderer (D-48) which is scheduled for a hearing in the House Civil Rights & Judiciary Committee on Tuesday, March 19 at 10:00 a.m. in
 
the John L. O’Brien Building Room A.
 
 
John L O'Brien Building Address: 504 15th Ave SW, Olympia, WA 98501
 
 
This legislation makes significant changes to the Residential Landlord-Tenant Act (RLTA) to include some of the following:
 

• Extends the 3-day notice to pay and vacate for default in rent payment to 14 days notice for tenancies under the Residential Landlord-Tenant Act.
• Creates a uniform 14-day notice to pay and vacate that includes information on how tenants can access legal and advocacy resources.
• Requires the Attorney General's Office to provide translated versions of the uniform 14-day notice on its website in at least the top 10 languages used in the state.
• Requires a landlord to first apply any tenant payment to rent before applying the payment toward other charges.
• Requires a tenant to pay into court or to the landlord upon judgment for default in the payment of rent within five court days any rent due, any court costs incurred at the time of payment, late fees that may not exceed $75 in total, and attorneys' fees if awarded, to be restored to his or her tenancy.
• Provides requirements and limitations on the award of attorneys' fees under unlawful detainer actions, based on the amount of rent awarded in the judgment and on whether the tenant or landlord prevails at a hearing where judicial discretion is exercised.
• Provides the court with discretion to provide relief from forfeiture or to stay a writ of restitution based upon the required consideration of certain factors and with the burden of proof for relief on the tenant.
• Expands eligibility of the Landlord Mitigation Program to include landlord claims for reimbursement in unlawful detainer cases where judicial discretion is exercised and there is an unpaid judgment for rent, late fees, attorneys' fees, and costs

 
Your lobbyists are working with stakeholders and the Prime Sponsor of the legislation to come up with a compromise on the legislation, but in its current form we OPPOSE this bill. 
 
Please email Mark Gjurasic, WLA Lobbyist, at mgjurasic@comcast.net if you are coming to Olympia to testify.
 
Who to contact to Oppose SB 5600
 
We urge you to come to Olympia and testify, as well as, contact the members of the House Civil Rights & Judiciary 
Committee in Opposition to this legislation to the following committee members. 
To see the contact info of the committee members, please click on the web link below:
  
Committee Members Web Link