RCW 59.18.440
Relocation assistance for low-income tenants—Certain cities, towns, counties, municipal corporations authorized to require.
(1) Any city, town, county, or municipal corporation that is required to develop a comprehensive plan under RCW 36.70A.040(1) is authorized to require, after reasonable notice to the public and a public hearing, property owners to provide their portion of reasonable relocation assistance to low-income tenants upon the demolition, substantial rehabilitation whether due to code enforcement or any other reason, or change of use of residential property, or upon the removal of use restrictions in an assisted-housing development. No city, town, county, or municipal corporation may require property owners to provide relocation assistance to low-income tenants, as defined in this chapter, upon the demolition, substantial rehabilitation, upon the change of use of residential property, or upon the removal of use restrictions in an assisted-housing development, except as expressly authorized herein or when authorized or required by state or federal law. As used in this section, "assisted housing development" means a multifamily rental housing development that either receives government assistance and is defined as federally assisted housing in RCW 59.28.020, or that receives other federal, state, or local government assistance and is subject to use restrictions.
(2) As used in this section, "low-income tenants" means tenants whose combined total income per dwelling unit is at or below fifty percent of the median income, adjusted for family size, in the county where the tenants reside.
The *department of community, trade, and economic development shall adopt rules defining county median income in accordance with the definitions promulgated by the federal department of housing and urban development.
(3) A requirement that property owners provide relocation assistance shall include the amounts of such assistance to be provided to low-income tenants. In determining such amounts, the jurisdiction imposing the requirement shall evaluate, and receive public testimony on, what relocation expenses displaced tenants would reasonably incur in that jurisdiction including:
(a) Actual physical moving costs and expenses;
(b) Advance payments required for moving into a new residence such as the cost of first and last month's rent and security and damage deposits;
(c) Utility connection fees and deposits; and
(d) Anticipated additional rent and utility costs in the residence for one year after relocation.
(4)(a) Relocation assistance provided to low-income tenants under this section shall not exceed two thousand dollars for each dwelling unit displaced by actions of the property owner under subsection (1) of this section. A city, town, county, or municipal corporation may make future annual adjustments to the maximum amount of relocation assistance required under this subsection in order to reflect any changes in the housing component of the consumer price index as published by the United States department of labor, bureau of labor statistics.
(b) The property owner's portion of any relocation assistance provided to low-income tenants under this section shall not exceed one-half of the required relocation assistance under (a) of this subsection in cash or services.
(c) The portion of relocation assistance not covered by the property owner under (b) of this subsection shall be paid by the city, town, county, or municipal corporation authorized to require relocation assistance under subsection (1) of this section. The relocation assistance may be paid from proceeds collected from the excise tax imposed under RCW 82.46.010.
(5) A city, town, county, or municipal corporation requiring the provision of relocation assistance under this section shall adopt policies, procedures, or regulations to implement such requirement. Such policies, procedures, or regulations shall include provisions for administrative hearings to resolve disputes between tenants and property owners relating to relocation assistance or unlawful detainer actions during relocation, and shall require a decision within thirty days of a request for a hearing by either a tenant or property owner.
Judicial review of an administrative hearing decision relating to relocation assistance may be had by filing a petition, within ten days of the decision, in the superior court in the county where the residential property is located. Judicial review shall be confined to the record of the administrative hearing and the court may reverse the decision only if the administrative findings, inferences, conclusions, or decision is:
(a) In violation of constitutional provisions;
(b) In excess of the authority or jurisdiction of the administrative hearing officer;
(c) Made upon unlawful procedure or otherwise is contrary to law; or
(d) Arbitrary and capricious.
(6) Any city, town, county, or municipal corporation may require relocation assistance, under the terms of this section, for otherwise eligible tenants whose living arrangements are exempted from the provisions of this chapter under RCW 59.18.040(3) and if the living arrangement is considered to be a rental or lease not defined as a retail sale under RCW 82.04.050.
(7)(a) Persons who move from a dwelling unit prior to the application by the owner of the dwelling unit for any governmental permit necessary for the demolition, substantial rehabilitation, or change of use of residential property or prior to any notification or filing required for condominium conversion shall not be entitled to the assistance authorized by this section.
(b) Persons who move into a dwelling unit after the application for any necessary governmental permit or after any required condominium conversion notification or filing shall not be entitled to the assistance authorized by this section if such persons receive written notice from the property owner prior to taking possession of the dwelling unit that specifically describes the activity or condition that may result in their temporary or permanent displacement and advises them of their ineligibility for relocation assistance.
[ 1997 c 452 § 17; 1995 c 399 § 151; 1990 1st ex.s. c 17 § 49.]
NOTES:
*Reviser's note: The "department of community, trade, and economic development" was renamed the "department of commerce" by 2009 c 565.
Intent—Severability—1997 c 452: See notes following RCW 67.28.080.
Savings—1997 c 452: See note following RCW 67.28.181.
Severability—Part, section headings not law—1990 1st ex.s. c 17: See RCW 36.70A.900 and 36.70A.901.
Structure Revised Code of Washington
Title 59 - Landlord and Tenant
Chapter 59.18 - Residential Landlord-Tenant Act.
59.18.020 - Rights and remedies—Obligation of good faith imposed.
59.18.040 - Living arrangements exempted from chapter.
59.18.050 - Jurisdiction of district and superior courts.
59.18.058 - Notice—Translated versions—Legal or advocacy resource information.
59.18.063 - Landlord—Written receipts for payments made by tenant.
59.18.065 - Landlord—Copy of written rental agreement to tenant.
59.18.075 - Seizure of illegal drugs—Notification of landlord.
59.18.080 - Payment of rent condition to exercising remedies—Exceptions.
59.18.090 - Landlord's failure to remedy defective condition—Tenant's choice of actions.
59.18.120 - Defective condition—Unfeasible to remedy defect—Termination of tenancy.
59.18.160 - Landlord's remedies if tenant fails to remedy defective condition.
59.18.170 - Landlord to give notice if tenant fails to carry out duties—Late fees.
59.18.190 - Notice to tenant to remedy nonconformance.
59.18.210 - Tenancies from year to year except under written contract.
59.18.220 - End of tenancy for a specified time—Armed forces exception.
59.18.240 - Reprisals or retaliatory actions by landlord—Prohibited.
59.18.250 - Reprisals or retaliatory actions by landlord—Presumptions—Rebuttal—Costs.
59.18.253 - Deposit to secure occupancy by tenant—Landlord's duties—Violation.
59.18.255 - Source of income—Landlords prohibited from certain acts—Violation—Penalties.
59.18.315 - Mediation of disputes by independent third party.
59.18.320 - Arbitration—Authorized—Exceptions—Notice—Procedure.
59.18.330 - Arbitration—Application—Hearings—Decisions.
59.18.350 - Arbitration—Completion of arbitration after giving notice.
59.18.354 - Threatening behavior by landlord—Termination of agreement—Financial obligations.
59.18.363 - Unlawful detainer action—Distressed home, previously.
59.18.365 - Unlawful detainer action—Summons—Form.
59.18.367 - Unlawful detainer action—Limited dissemination authorized, when.
59.18.415 - Applicability to certain single-family dwelling leases.
59.18.420 - RCW 59.12.090, 59.12.100, 59.12.121, and 59.12.170 inapplicable.
59.18.430 - Applicability to prior, existing or future leases.
59.18.435 - Applicability to proprietary leases.
59.18.500 - Gang-related activity—Legislative findings, declarations, and intent.
59.18.550 - Drug and alcohol free housing—Program of recovery—Terms—Application of chapter.
59.18.570 - Victim protection—Definitions.
59.18.575 - Victim protection—Notice to landlord—Termination of rental agreement—Procedures.
59.18.585 - Victim protection—Possession of dwelling unit—Exclusion of others—New lock or key.
59.18.590 - Death of a tenant—Designated person.
59.18.595 - Death of a tenant—Landlord duties—Disposition of property procedures—Liability.
59.18.610 - Installments—Deposits, nonrefundable fees, and last month's rent—Statutory penalty.
59.18.620 - Definitions applicable to RCW 59.18.625 and 59.18.630.
59.18.630 - Eviction moratorium—Unpaid rent—Repayment plans—Rental assistance.
59.18.660 - Eviction resolution pilot program.
59.18.900 - Severability—1973 1st ex.s. c 207.
59.18.911 - Effective date—1989 c 342.
59.18.912 - Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.