Tag: House Bill 2114

NEW SECTION. Sec. 101. A new section is added to chapter 59.18
RCW to read as follows:

(1) Except as authorized by an exemption under section 102 of

this act, a landlord may not increase the rent and fees combined for

 any type of tenancy, including short-term rentals and vacation

 rentals, regardless of whether the tenancy is month-to-month or for a
term greater or lesser than month-to-month:

8 (a) During the first 12 months after the tenancy begins; and

9 (b) During any 12-month period, in an amount greater than seven
percent.

11 (2) If a landlord increases the rent and fees combined above the

12 amount allowed in subsection (1) of this section as authorized by an

13 exemption under section 102 of this act, the landlord must include

14 facts supporting any claimed exemptions in the written notice of the

15 rent increase. Notice must comply with this section, section 103 of

16 this act, RCW 59.18.140, and be served in accordance with RCW
59.12.040.17

18 (3) If a landlord increases rent and fees combined above the

19 amount allowed in subsection (1) of this section and are not

20 authorized by an exemption under section 102 of this act, the tenant
21 may, in addition to any other remedies or relief available under this

22 chapter or other law, terminate the rental agreement at any time

23 prior to the effective date of the increase by providing the landlord

24 with written notice at least 20 days before terminating the rental

25 agreement. If a tenant terminates a rental agreement under this

26 subsection, the tenant only owes pro rata rent through the date upon

27 which the tenant vacates the dwelling unit. A landlord may not charge

28 a tenant any fines or fees for terminating a rental agreement underthis subsection.

30 (4) A landlord may not charge a higher rent or fees or include

31 terms of payment or other material conditions in a rental agreement

32 that are more burdensome to a tenant for a month-to-month rental

33 agreement than for a rental agreement where the term is greater than
month-to-month, or vice versa.

35 (5) A landlord who engages in practices in violation of this

36 section, section 102 of this act, section 103 of this act, RCW
37 59.18.140, 59.18.170, 59.18.200, 59.18.270, or 59.18.650 is liable
for:

39 (a) Damages in the amount of any excess rent, fees, or other
costs paid by the tenant;

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A new section is added to chapter 59.18
RCW to read as follows:
19 (1) A landlord may increase rent and fees combined in an amount
20 greater than allowed under section 101 of this act only as authorized
by the exemptions described in this section.21
22 (a) If the first certificate of occupancy for the dwelling unit
23 was issued 10 or less years before the date of the notice of the rent
24 increase, rent and fee increases for the dwelling unit are not
limited by section 101 of this act.

26 (b) Rent and fee increases are not limited by section 101 of this
act for any of the following:

27 (i) A tenancy in a dwelling unit owned by a:

28 (A) Public housing authority;

29 (B) Public development authority;30
31 (C) Nonprofit organization, where maximum rents are regulated by
32 other laws or local, state,  or federal affordable housing program
requirements; or33
34 (D) Nonprofit entity, as defined in RCW 84.36.560, where a
35 nonprofit organization, housing authority, or public development
36 authority has the majority decision-making power on behalf of the
37 general partner, and where maximum rents are regulated by other laws
38 or local, state, or federal affordable housing program requirements;
or

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(b) Mandatory damages equal to three months of any unlawful rent,
fees, or other costs charged by the landlord; and2
3 (c) Reasonable attorneys’ fees and costs incurred in bringing the
action.4
5 (6) The remedies provided by this section are in addition to any
6 other remedies provided by law, including the remedies provided for
in section 104 of this act.7
8 (7) It is a defense to an eviction or other legal action that the
9 action to remove the tenant and recover possession of the premises
10 was for nonpayment of rent or fees that were unlawfully increased in
violation of this section.11
12 (8) A landlord may not report the tenant to a tenant screening
13 service provider for failure to pay rent or fees that were unlawfully
increased in violation of this section.14
15 (9) A local government may adopt policies, ordinances, or other
regulations to enforce this act.

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