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Support Center Burien City Council Passes Extreme Housing Provider Regulations Market Report: Seattle Multi-Family
by RHAWA
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City Law Articles Under Development – See Burien’s Now!
Denise Myers | Education + Resources Director | dmyers@RHAwa.org | (206) 905-0614
This year we’ve seen an explosion of new local laws across western Washington. Initially, we have focused on providing instructions with forms that reflect all local laws. RHAWA members can access these instructions within various tenant notice forms, and in the Lease Signing section, there is a separate instruction document, Leasing Requirements by Local Jurisdiction. This past month we decided to also write individual law summary articles for each city or county that creates its own set of rental regulations. In the case of Seattle, there will likely be several different articles involved. We anticipate this project will take a few months to complete.
So far, we have completed law summary articles for Redmond, Burien, and Kenmore, as well as a few articles on specific areas of Seattle law. In addition, we’ve created a separate article called Local Government Rental Law Codes which simply lists all of the local government rental regulations we are aware of, including links to either the code, or ordinance if it is not yet codified. This list of local law references includes eleven cities (+ one county) with extensive rental regulations, and an additional ten cities that have a rental registration/inspection programs, but no other rental regulations. Our goal is to provide members with law summary articles for all of these and more as new laws appear. Following is our new article summarizing Burien rental regulations as an example:
City of Burien Law Summary
This article provides a summary of the following Burien policies related to rental housing:
• Rental Registration and Inspection • Use of SSN in Screening • Move-In Cost Caps • Move-In Cost Payment Plan • Notice to Increase Rent • Late Rent Fee Cap • Notice Disclosures • Notice to Terminate Tenancy • Rent Due Date Accommodation
The policies are found in the following legal codes and/or ordinances:
• The Burien Rental Housing Inspection Program (RHIP) BMC 5.62 adopted in 2019 applies to all tenancies governed by RCW 59.18 (Residential Rentals) and RCW 59.20 (MHC Rentals). • Rental Housing Policy (BMC 5.63) adopted in 2019 applies to all tenancies governed by RCW 59.18 (Residential Rentals). • Ordinance 804, effective 10/24/2022 expanded upon tenant rights in both of the above chapters, yet to be codified.
Rental Registration and Inspection
The Burien Rental Housing Inspection Program (RHIP) BMC 5.62 requires the following:
• Landlords renting or leasing any units within the city limits shall, in accordance with Chapter BMC 5.05, obtain and maintain a business license. Landlords of single-family residences, mobile/ manufactured homes, and/or condominiums/townhomes only are exempt from the business license requirement. • All long-term residential rental properties available to the general public must be inspected once every three years by a qualified rental housing inspector and will require a certificate of inspection. • Accessory dwelling units are ex-
empt from the inspection requirement. • In addition to the enforcement and penalty provisions of BMC Chapter 1.15, after the mailing of Notice of No Certificate of Inspection, there shall be assessed:
• $100.00 per day for each day that a residential housing unit operates without a certificate of inspection for the first 10 days of noncompliance with
BMC Chapter 5.62 • $250.00 per day for each day in excess of 10 days of noncompliance with BMC Chapter 5.62.After 30 days of noncompliance, the property shall be deemed to be uninhabitable.
If there is a valid business license, that license shall be deemed revoked as of the 31st day of noncompliance. Based on the revoked business license and the uninhabitable property, the property owner shall be financially responsible for assisting in the relocation of each tenant as provided in RCW 59.18.090, Rental of condemned or unlawful dwelling – Tenant’s remedies – Relocation assistance – Penalties, as it exists or may be amended. The property owner shall continue to be liable for the $250.00 per day penalty until each tenant has been successfully relocated.
Use of SSN in Screening
A housing provider shall not require a social security number for the purposes of screening a prospective tenant, as allowed under RCW 59.18.257.
Housing providers are required to accept “alternative proof of financial eligibility such as portable screening reports.”
Move-In Cost Caps
The total of all move-in fees and deposits charged by landlord must not ex-
ceed one month's rent, except in subsidized housing where the monthly rent is based on the tenant’s income.
Move-In Cost Payment Plan
• Tenants entering rental agreements with terms lasting six or more months may choose to pay their move in fees and security deposits in six equal monthly installments over the first six months occupying the dwelling unit. • Tenants entering rental agreements with terms lasting fewer than six months or month-to-month rental agreements, may choose to pay move in fees and security deposits in two equal monthly installments over the first two months occupying the dwelling unit.
Notice to Increase Rent
• When raising rent at the beginning of a rental period or term lease renewal, landlords must give: • 120 days' written notice for rent increases greater than three percent (3%); or • 180 days' written notice for rent increases greater than ten percent (10%). • As required under WA State law, 60 days' written notice for any rent increases 3% or less. • Tenants who receive any rent increase may terminate the tenancy, without penalty, at any time prior to the rent increase becoming effective. • All rent increase notices must be served and must inform the tenant of their right to terminate tenancy. • If the rental agreement governs subsidized housing 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.
Late Rent Fee Cap
Late fees and penalties due to nonpayment of rent charged to a tenant shall not exceed $10.00, including notice service or legal fees.
Notice Disclosures
All 14-day Pay or Vacate Notices must include the following in 16-point bold font:
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 $10.00 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.
Notice to Terminate Tenancy
• A housing provider cannot refuse to continue a tenancy after the rental agreement expires without cause per BMC 5.63.070(1)(a - m). This applies to both month-to-month and term leases with a fixed end date. • Housing provider must be in compliance with licensing, registration and inspection requirements per
BMC 5.62 to evict a tenant.
Rent Due Date Accommodation
Housing provider must accept a tenant’s proposal to change rent due date if their primary source of income is a fixed source or governmental assistance that is not received until after the date rent is due per the agreement.
Formal legal advice and review is recommended prior to selection and use of this information. RHAWA does not represent your selection or execution of this information as appropriate for your specific circumstance. The material contained and represented herein, although obtained from reliable sources, is not considered legal advice or to be used as a substitution for legal counsel.
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