Everett City Council

CITY OF EVERETT HEALTH AND HUMAN SERVICES COUNCIL COMMITTEE Date: December 4, 2024 Time: 5:00 p.m. – 6:00 p.m. Location: Everett City Council Chambers The public is welcome to attend in person or remotely. There will be no public comment during committee meetings. To watch remotely: You may call in or listen to the meeting by dialing: 425-616-3920, Conference ID: 724 887 726# View on YouTube: https://www.youtube.com/everettcity/live Agenda Items I. Guests from Compass Health II. Tenant Protection and Rental Registry Ordinance Committee Discussion of Policy Questions: a. Should all rental units be registered, including short-term rentals and rentals owned by small landlords? Are there additional types of rental properties that should be exempt or included in the program? b. State law requires 60 days notice for rent increases of any size. Should an Everett policy require something different? c. Are the caps on security deposits and late fees fair and feasible for both tenants and landlords? Should additional limits be imposed for move-in fees or standardized payment plans? d. How does the proposal balance tenant protections with landlord interests, particularly for small property owners? Will additional support or resources for landlords help improve compliance? e. Could these policies affect rental supply and affordability in the broader housing market? Pending Future Agenda Items • Homelessness prevention • Comprehensive Plan Housing Element Update • Women and Children Pallet Shelter Status Update • Faith Family Village Update • ARPA Community Development/Human Needs Allocations Update • Rethink Housing Goals Status Update The City of Everett does not discriminate on the basis of disability in the admission or access to, or treatment in, its programs or activities. Requests for assistance or accommodations can be arranged by contacting the Everett City Council Office at 425.257.8703. For additional information, please visit our website at https://www.everettwa.gov/3129/American-Disabilities-Act-ADA-and-Title-. Broadway Campus Redevelopment Partnerships and solutions for our region’s most pressing challenges Everett City Council Health & Human Services Council Committee Meeting Wednesday, December 4, 2024 About Compass Health Compass Health is a nonprofit behavioral health provider with a 125+ year history in Northwest Washington. We operate 20+ facilities in Snohomish, Skagit, Whatcom, San Juan and Island counties 2  About Compass Health 218,265 Points of care for clients in 2023 Compass Health offers over 20 programs for children, youth, families, and adults ranging from outpatient therapy to mobile outreach in the community, and 22.5% intensive programs for clients who need a higher level of care. 11,927 Clients enrolled in two or more Individuals Served in 2023 programs 3  Broadway Campus Redevelopment Project Transforming the 3300 Broadway block into a campus of continuum behavioral healthcare, primary healthcare, and supportive housing services 4  Broadway Campus Redevelopment Project Broadway Campus Redevelopment Project addresses some of the region’s most visible and pressing needs Phase I – Andy’s Place – completed 2021 Phase II – Crisis & Intensive Services – construction complete May 2025 Phase III – Behavioral Health Services – more to come 5 6  Phase I: Andy’s Place Andy’s Place provides 82 housing units, coupled with facilities for integrated treatment and support services for community members facing chronic behavioral health challenges. • Referrals for new residents: • Snohomish County Coordinated Entry - 61 • Veterans Administration (VA) - 10 • Aging and Long-Term Support Administration (ALTSA) - 10 • Additional services are connected to the building to provide optimal support for more independent and productive living • Opening of Phase II will provide an expansion of supportive services *Approximate number of referrals to Andy’s Place 7  Our Goal: Safety for clients, residents, staff and neighbors Compass Health is taking a three-pronged approach for a safer neighborhood for our clients and our community: • Neighborhood outreach • Operational standards & improvements • Partnerships with law enforcement, civic, and neighborhood leaders 8  Our Goal: Safety for clients, residents, staff and neighbors Neighborhood outreach • Dedicated email for the Port Gardner neighborhood • Dedicated phone line for the Port Gardner neighborhood • Mailings • Spot checks by Compass Health team members on a maintained weekly basis and after neighborhood outreach • Compass Health team joining neighborhood meetings 9  Our Goal: Safety for clients, residents, staff and neighbors Operational standards & improvements • 24/7 security with patrol schedules adjusted for increased property patrols • Everett PD has also increased their patrols for additional coverage • Good neighbor policy • Specialized security trained for behavioral health clients • Secure entry design and protocols • Smoking moved from sidewalk to courtyard • Education of residents, clients, and guests of the buffer zone restrictions for successful implementation 10  Our Goal: Safety for clients, residents, staff and neighbors Partnerships • City of Everett • Numerous meetings and partnership to develop a shared management plan • Everett Police Department • Meetings both with the city as well as separate coordination with additional patrolling, cooperation, and communication • Everett Station District Alliance • Enhanced patrols through Ambassador visits overlapping with EPD patrols • Established neighborhood advisory group • Newly established group providing an avenue for monthly meetings with neighborhood and other key representatives 11  Phase II Crisis and Intensive Services An integral part of the solution 12  Phase II – Crisis and Intensive Services An integral part of the solution Compass Health looks forward to reopening its crisis stabilization program on Broadway along with many other services. The new building: • Will be a resource for law enforcement – our team will be able to provide 12 hour holds in our secure facility • Will have an alley drop-off for an efficient and less disruptive process for first responders • Is purpose-built for a higher quality experience of care and will attract in-demand talent to the region • Will house multiple programs for easier entry for clients into new programs whether stepping up or down in service or adding on corresponding care to their treatment • These programs will include outpatient clients currently served on Lombard • Serves as a diversion for individuals with behavioral health needs otherwise headed to jail or the emergency room We anticipate serving approximately 1,300 clients with 35,000 points of care (just under 27 points of care on average per client), annually at our Phase II facility. 13 14 15 16  For more, visit: compasshealth.org/broadwayredevelopment ptgardner@compassh.org | 425-215-4742 17  Thank you 18 DRAFT MODEL ORDINANCE – EVERETT TENANT PROTECTIONS A home plays a vital role in human life. Home is the place where we keep our families, where we feel safe, and where we enjoy freedom. Affordable, stable and safe homes are necessary for individual and community health. Housing security enhances a community’s resilience to shocks such as pandemics, natural disasters, and other crises. However, when a person’s sense of home is threatened by economic pressures, issues of habitability or eviction - a person’s life may feel as though it has been turned upside down. Communities throughout Washington State have adopted local ordinances to supplement Tenant protections found in State and Federal laws. Municipalities adopt local Tenant protection ordinances to address shortcomings in the state laws or to react to local conditions and particular issues experienced by Tenants within their cities. To promote housing stability, support workforce housing and prevent unnecessary evictions, the City of Everett adopts the following workforce housing protection ordinance. Executive Summary This executive summary is intended to summarize the ordinance, not contradict or modify it. 1. Purpose and Intent We acknowledge the importance of balancing the interests of Tenants and Landlords in the City of Everett. The purpose of this Chapter is to supplement State level laws and regulations that govern Landlord - Tenant relations. The overall goal of this Chapter is to improve workforce housing in the City of Everett. 2. Information Packets A Tenant cannot exercise their rights if they do not know their rights. This section requires Landlords to provide information to Tenants. When a prospective Tenant requests a rental application, Landlords must provide links to several websites where a Tenant can get legal information; When a lease is offered to a potential Tenant, the Landlord provides an informational packet; The City of Everett will host this informational packet on the City website and publicize the webpage as a source for Landlord - Tenant information and resources. The City of Everett has broad discretion as to what is included in this informational packet. 3. Additional Information Required within Notices Anytime a Landlord serves a Tenant with a notice that may terminate a tenancy or alter a rental agreement, the Landlord must provide the Tenant with resources to inform the Tenant, in plain language, about their rights. This section includes 1  specific text that can be copied and pasted by Landlords directly into their written notices. 4. Reasonable Accommodations for Tenants with Limited English Proficiency Tenants with limited English language skills are greatly disadvantaged at enforcing their rights and understanding attempts at communication from their Landlords. This section enables Tenants to request that all notices that terminate their tenancy or alter their rental agreement be translated to their language. Landlords will not have to pay for costly translation services. This section encourages landlords to use free and readily available translation websites such as google translate. The Landlord gives the Tenant both the official English version and a translated notice. 5. A Repayment Plan and Meeting to Discuss the payment plan Under COVID-19 State of Emergency Proclamation and legislative actions, landlords were required to offer tenants who have missed rent payments with a repayment plan and participate in mediation before starting the eviction process. These common sense tools to keep people housed while protecting landlord income have expired. This section provides tenants with a partial defense to eviction if the landlord doesn’t offer repayment plan and meeting to discuss the offered repayment plan. 6. Notice of Rent Increase Rent is increasing at alarming rates in Snohomish County. Even small increases in rental amounts can have dramatic effects on households that struggle to make ends meet. State law requires 60 days notice for rent increases of any size, this section requires more advance notice before a severe (>10%) rent increase is imposed. This section also provides specific text to include in rent increase notices. 7. Rent Increase Causing Economic Displacement for Low-income Households Rather than evicting tenants by the legal process, some landlords use subtle eviction methods such as increasing rent beyond a Tenant’s ability to pay. There are no state laws that cap rental increase amounts. This section requires Landlords to provide relocation assistance or rent credit to a Tenant’s account if (1) the Landlord increases rent by more than 10% in a calendar year; (2) the Tenant can demonstrate they are a low-income household; and (3) the Tenant signs an affidavit stating the rent increase will result in their displacement. The relocation assistance is equal to the amount of three months rent. 8. Habitability This section prohibits Landlords from raising rent if a dwelling unit fails to meet the standards of habitability required by state law.. 9. Move-in fees and security deposits – limits – exceptions – payments by Tenants 2  The purpose of this section is to minimize the financial burden of moving into a new rental home. This section allows Tenants to spread out move-in fees and security deposits over several months. The length of these payment plans are dependent on whether the tenancy is month to month or for a longer-term. This section also caps security deposits to an amount equal to one month’s rent. And this section clearly outlines when security deposits may be withheld from a Tenant upon the completion of a tenancy. 10. Late fees Late fees are supposed to reimburse the landlord for not being able to use the money that is owed to them. In practice, late fees can be as high as 10% of monthly rent. This section caps late fees to an amount that reflects the actual cost of late payment. 11. Date of Rent Payment. If a tenant is on a fixed income, and the tenant gets their monthly income on a date later than when rent is due according to their rental agreement, the Tenant may request a change to their rent payment date. 12. Social security number discrimination Many individuals in the City do not have a social security number or may have reasons they do not want to share their social security number with others. This section prohibits Landlords from denying a rental application for failure to provide a social security number. Landlords can still request a social security number to aid their Tenant screening process, they just can’t deny an application if the Tenant does not provide the Landlord with a social security number. 13. Lease can’t waive tenant rights Rental Agreements (leases) can be incredibly long and complex; and, in reality, many Tenants do not read all of the written agreement. This section prohibits Landlords from including language in rental agreements that waive Tenant protections and remedies found in the RLTA and in the City of Everett. If the Landlord and Tenant want to waive certain provisions, they must do a separate agreement. 14. Violation of Chapter by Landlord - Liability Some Landlords simply do not comply with tenant’s rights laws. This section provides Tenants with a financial remedy for Landlords’ violations of the law. This executive summary is intended to summarize the ordnance not contradict or modify it and should not be relied upon for textual interpretation. 3 Ordinance: CONTENTS 1. Purpose and Intent 2. Definitions 3. Distribution of Information Required 4. Additional Information Required within Notices 5. Reasonable Accommodations for Tenants with Limited English Proficiency 6. Reasonable Repayment Agreement and Meeting to Discuss Reasonable Repayment Agreement must be offered to a Tenant Prior to the Landlord Proceeding with an Unlawful Detainer Action 7. Notice of Rent Increase 8. Habitability 9. Move-in fees and security deposits – limits – exceptions – payments by Tenants 10. Late fees - Limits 11. Date of Rent Payment - specification of dates - notice - accommodation request not basis for Landlord’s refusal to enter rental agreement. 12. Landlord may not require a Tenant to provide a social security number 13. Rental agreement that waives Tenant’s remedies prohibited – Exception. 14. Violation of Chapter by Landlord - Liability 4 1. Purpose and Intent 1.1. The purpose of this Chapter is to establish regulations supporting the topic of increasing housing security, and to establish standards and enforcement mechanisms as they relate to rental housing within the City limits of Everett, Washington (the City). 1.2. It is the City’s intent to continue its long-term commitment to maintain vibrant and diverse neighborhoods within the City of Everett. The regulations contained in this Chapter balance the needs of the Landlord, Tenant, and the City while creating a partnership to ensure safe, healthy, and thriving rental housing in the City of Everett. The City recognizes that property owners and Landlords are engaged in a business venture when they provide residential property to renters and these owners and landlords must evaluate risk, profit, and loss. Providing housing for Everett residents directly impacts the quality of life at the most basic level, and therefore requires regulations to ensure that it is equitably undertaken. This Chapter strives to ensure housing security for current and future residents and seeks to increase community resilience to shocks and disturbances that can cause harm to individuals and the City alike. 1.3. This Chapter is intended to supplement applicable provisions of the RCW 59.18 - RESIDENTIAL LANDLORD-TENANT ACT (“the RLTA”), the RCW 59.20 - MANUFACTURED/MOBILE HOME LANDLORD TENANT ACT (“the Mobile Home Act”), and Federal laws. 2. Definitions 2.1. "Dwelling” or “Dwelling unit” is defined under RCW 59.18.030, as it exists or is hereinafter amended, and means a structure or part of a structure used as a home, residence, or sleeping place by one, or more persons maintaining a common household, including, but not limited to, single- family residences and units of multiplexes, apartment buildings, and mobile homes as defined by RCW 59.20.030(8)-(10). 2.2. “Landlord” is defined under RCW 59.18.030 and RCW 59.20.030, as it exists or is hereinafter amended, and means the owner, lessor, or sublessor of the dwelling unit or the property of which it is a part, and in 5  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. 2.3. "Household" means a single person, family, or unrelated persons living together (with shared financial responsibility). 2.4. “Rent” or “rental amount” is defined under RCW 59.18.030, as it exists or is hereinafter amended, and means recurring and periodic charges identified in the rental agreement for the use and occupancy of the premises, which may include charges for utilities. Except as provided in RCW 59.18.283(3), these terms do not include nonrecurring charges for costs incurred due to late payment, damages, deposits, legal costs, or other fees, including attorneys’ fees. 2.5. “Rental agreement” or lease is defined under RCW 59.18.030, as it exists or is hereinafter amended, and means all agreements, rules or policies which establish or modify the terms, conditions, rules, regulations, or any other provisions concerning the use and occupancy of a dwelling unit. 2.6. “Rental criteria” means a uniform standard, in writing, listing factors by which rental applications are considered and decided for acceptance or rejection. 2.7. “Security deposit” means a refundable payment or deposit of money, however, designated, the primary function of which is to secure the performance of a rental agreement or any part of a rental agreement. “Security deposit” does not include a fee, move-out fees, automatic charges or cleaning expenses that do not result from normal wear and tear. 2.8. “Tenant” is defined under RCW 59.18.030, as it exists or is hereinafter amended, and any person occupying or holding possession of a dwelling unit, building, housing unit, structure, or premise, pursuant to a rental agreement. 3. Distribution of information required 3.1. Distribution of information by Landlord to Tenant(s) 6  At the time the Tenant(s) and the Landlord enter into a rental agreement the Landlord shall provide the Tenant(s) with a 1 page document (physical copy or electronic PDF is acceptable) that includes but is not limited to: 3.1.a. The Landlord’s written rental criteria, as required by RCW 59.18.257; 3.1.b. The website address for the City of Everett’s informational page, designated by the City for the purpose of providing information about housing and renting within the City; 3.1.c. The website address for the Washington Human Rights Commission; and 3.1.d. The website address for the Washington Secretary of State, for the purpose of providing information on how to register to vote or change their address, if the individual is already registered to vote. 3.1.e. The City shall provide examples of this on the website referenced in 3.1.b of this subsection. Upon request, the Landlord shall provide the Tenant(s) a hard copy of the information in the section above. Distribution of information packets by the Landlord with every signed rental agreement. 3.2. The City shall prepare and update as necessary an informational packet which shall include, but is not limited to: summaries of this Chapter, the Everett Municipal Code relating to health/safety/building code for rentals/homes (EMC X.XX), the RLTA (RCW 59.18), Mobile Home Act (RCW 59.20), Forcible Entry and Forcible and Unlawful Detainer (RCW 59.12), and Fair Housing laws, descriptions of Tenant’s respective rights, obligations, and remedies of Landlords and Tenants, including information about legal resources available to Tenants; and the processes to register to vote or change their address; 3.3. The informational packet shall be available for download, in a PDF format, on the City’s website. The City may provide paper copies at City Hall and may impose a fee to the public at cost. 3.4. A Landlord shall provide a copy of the informational packet to any Tenant when a rental agreement is offered, whether or not the agreement is for a new or renewal agreement. 3.5. Where there is an oral rental agreement, the Landlord shall give the Tenant copies of the summaries described herein, either before entering into the 7  oral rental agreement or as soon as reasonably possible after entering into the oral rental agreement; 3.6. For existing Tenants, Landlord shall, within 30-days after the information packets are made available by the City, distribute current copies of the information packets to existing Tenants and have copies readily available for distribution upon request; 3.7. The initial distribution of information packets to Tenants must be in hard- copy written form and the Landlord shall obtain the Tenant’s signature documenting the 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 the Tenant with the required information; 3.8. After the initial distribution of a written hard copy of the information packet to Tenants, upon the Tenant’s request to renew a lease, a Landlord shall provide existing Tenants with updated information packets by the City, and may do so in electronic form unless a Tenant otherwise requests written hard-copy information packets. The Landlord must ensure the most current information packet available is provided to the Tenant with each renewed lease or annually in the case of month-to-month tenancies; 3.9. The informational packet prepared by the City 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. 4. Additional Information Required Within Notices 4.1. When the Landlord provides a Tenant with a notice which may result in the termination of the tenancy or a change to the rental agreement, the Landlord is required to additionally provide Tenants a notice of resources. Such notices that may result in the termination of the tenancy or that modify the rental agreement include, but are not limited to, 3-day notice to quit, 10-day notice to comply, 14-day notice to pay or vacate, 120-day notice to vacate, and other notices as described under RCW 59.18 and RCW 59.12. 8  4.2. This notice of Tenant resources shall include the following language in bold letters of at least 14 point font: Notice of Tenant Resources For legal assistance with a Landlord / Tenant matter in Snohomish County, contact Snohomish County Legal Services at (425) 258-9283 extension 0 (www.snocolegal.org); the Northwest Justice Project CLEAR Hotline at (888) 201-1014 weekdays between 9:15 a.m. – 12:15 p.m. or (888) 387-7111 for seniors (age 60 and over); or dial 2-1-1 for more resources. You may find additional information to help you understand the law at http://www.washingtonlawhelp.org. City of Everett Landlord / Tenant Information Website: https://www.everettwa.gov/XXXX If you are facing eviction, you may be eligible for a court appointed attorney to represent you, at no cost. to appoint a lawyer to represent you at no cost to you. To be screened for eligibility, , please call the Eviction Defense Screening Line at 855-657-8387 or apply online at https://nwjustice.org/apply-online. Free or low-cost mediation services may be available through your local dispute resolution center. For more information, you can visit https://www.voaww.org/drc. The Washington State Office of the Attorney General may have this notice in multiple languages as well as information on available resources to help you pay your rent, including state and local rental assistance programs, on its website at www.atg.wa.gov/Landlord- Tenant. Interpreter services may be available. 5. Reasonable Accommodation for Tenants with Limited English Proficiency 9 5.1. At the time a Tenant and Landlord enter into a rental agreement or at any time thereafter, a Tenant may provide written notice and request to the Landlord for a reasonable accommodation to provide all subsequent notices (including but not limited to notices that may result in the termination of a tenancy, modification of a rental agreement or requests to inspect or entry) in the language they indicate in their reasonable accommodation request. This reasonable accommodation request is in addition to the notices available under RCW 59.18.058. 5.2. The City shall translate notices described in subsection 5.1 in various languages and maintain a resource webpage for landlords on the City’s website that includes links to translated notices PDF/electronic. From time to time the City shall update these notices to reflect changes in law and other requested languages. 5.3. The notices covered by this provision include: all notices that may result in the termination of the tenancy, lease renewal notices, rent increase notices and any other notices that may impact the tenancy or alter the rental agreement. 5.4. Landlords may find certain translated Notices to Pay or Vacate on the website of the Washington State Office of the Attorney General as required by RCW 59.18.058 (These notices are provided at https://www.atg.wa.gov/landlord-tenant) 5.5. If the notice is not available as a translation by the City of Everett or the Attorney General’s office, the Landlord shall have the notice translated by a qualified translator unless it is unduly burdensome and in that case the Landlord may utilize an online, free and readily available translation website or service such as: https://translate.google.com; https://www.deepl.com/translator; Microsoft Word translate tool; or any other translating software. 5.6. If the Tenant requests a reasonable accommodation for translated notices pursuant to this section, the Landlord must provide the Tenant with both the translated notice and the original notice in English. Failure to provide both the translated notice and the original notice in English will void the notice. 10  5.7. The original notice in English shall be the legally enforceable notice and the translated notice shall be for communication purposes only. 6. A Reasonable Repayment Agreement and Meeting to Discuss Reasonable Repayment Agreement Must Be Offered to a Tenant Prior to Proceeding with an Unlawful Detainer Action 6.1. If a Tenant has unpaid rent and the Landlord elects to serve the Tenant with a Notice to Pay or Vacate, the Landlord must offer the Tenant a reasonable repayment agreement, pursuant to subsection 6.5 of this section, and a meeting to discuss and negotiate the reasonable repayment agreement, prior to serving the Tenant a Summons and Complaint or filing an unlawful detainer action under RCW 59.12. 6.1.a. If the Tenant accepts the terms of a reasonable repayment plan within 30 days of the Landlord’s offer, the Landlord may not proceed with an unlawful detainer action. 6.1.b. If the Tenant fails to accept the terms of a reasonable repayment plan within 30 days of the Landlord's offer, the Landlord may proceed with an unlawful detainer action as set forth in RCW 59.12.030(3). 6.2. If the Tenant defaults on any rent owed under a repayment plan, the Landlord may apply for reimbursement from the Landlord mitigation program as authorized under RCW 43.31.605(1)(d) or proceed with an unlawful detainer action as set forth in RCW 59.12.030(3). 6.3. If the Landlord elects to pursue an unlawful detainer action, the Court, in analyzing the reasonableness of the offered repayment agreement must consider the Tenant's circumstances, including decreased income or increased expenses due to unforeseen circumstances beyond the Tenant’s control, and the terms of the repayment plan offered. 6.4. Any repayment plan entered into under this section must: 6.4.a. Include monthly repayment amounts that do not exceed one-third of the monthly rental amount; 6.4.b. Not require payment until at least 30 days after the repayment plan is agreed to and signed by the Tenant; 6.4.c. Cover rent only and not include any late fees, attorneys' fees, or any other fees and charges; 6.4.d. Allow for payments from any source of income as defined in RCW 59.18.255(5) or from pledges by nonprofit organizations, churches, religious institutions, or governmental entities; and 11  6.4.e. Not include provisions or be conditioned on: The Tenant's compliance with the rental agreement, payment of attorneys' fees, court costs, or other costs related to litigation if the Tenant defaults on the rental agreement; a requirement that the Tenant apply for governmental benefits or provide proof of receipt of governmental benefits; or the Tenant's waiver of any rights to a notice under RCW 59.12.030 or related provisions before a writ of restitution is issued. 6.5. Meeting to Discuss Reasonable Repayment Agreement. 6.5.a. The Landlord must offer the Tenant an opportunity to discuss and negotiate the offered reasonable repayment agreement. The Landlord must offer the Tenant three potential meeting times, on different days, and at different times so that the Tenant and Landlord can meet to discuss and negotiate the offered reasonable repayment agreement. The proposed meeting times must be at least seven days after the Tenant receives the repayment plan offer. The proposed meeting times may be included with the offered repayment agreement. 6.6. It is a defense to an eviction under RCW 5.12.030(3) that the Landlord did not offer a reasonable repayment plan and meeting to discuss and negotiate the reasonable repayment agreement in conformity with this section. 7. Notice of Rent Increase. 7.1. Any rental agreement or renewal of a rental agreement shall include, or shall be deemed to include, a provision requiring not less than: 7.1.a. One hundred twenty (120) days written notice for rent increases greater than three percent (3%) of the monthly rent amount over the preceding 12-month period; or 7.1.b. One hundred eighty (180) days written notice for rent increases greater than ten percent (10%) of the monthly rent amount over the preceding 12-month period. 7.2. 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. 12  7.3. Any written notice for rent increase shall include the following language: NOTICE TO TENANTS THIS IS A NOTICE FOR RENT INCREASE Your rent will increase from $______________ to $______________. This is an increase of ______ (%) and will take effect on this date: ____________ (MM/DD/YYYY). For legal assistance with a Landlord / Tenant matter in Snohomish County, call Snohomish County Legal Services: (425) 258-9283 ext. 0. For additional resources: Dial 2-1-1 or call the Northwest Justice Project CLEAR Hotline at (888) 201-1014 on weekdays between 9:15 a.m. – 12:15 p.m. or (888) 387-7111 for seniors (age 60 and over). For more information, you can also visit: http://www.washingtonlawhelp.org. 7.4. Failure to include this required language will void any rent increase notice. 8. Habitability 8.1. A Landlord may not increase the rent by any amount if there are defective conditions that make the unit uninhabitable and in violation of RCW 59.18.060. 9. Move-in fees and security deposits – limits – exceptions – payments by Tenants. 9.1. Landlords must provide Tenants with a written checklist detailing any pre- existing damages to a dwelling unit. This checklist must be provided to the Tenant before or at the time the Tenant moves in. 13  9.2. Upon the completion or termination of a tenancy, Landlords may not withhold any portion of a security deposit if a Landlord fails to provide this move-in checklist. 9.3. All move-in fees and security deposits charged by a Landlord before a Tenant takes possession of a dwelling unit shall not exceed one month's rent, except in subsidized housing where the amount of rent is set based on the income of the Tenant. The exception for subsidized housing shall not include tenancies regulated under Section 8 of the Housing Act of 1937, 42 U.S.C. Sec. 1437f, commonly known as the choice voucher program. 9.4. 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 of occupying the dwelling unit. 9.5. 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. 9.6. A Landlord may only withhold a security deposit if the Tenant caused damages that exceed normal wear and tear as provided in RCW 59.18.260. A Landlord shall not withhold any amount of a security deposit for normal operating expenses, including, but not limited to: automatic cleaning fees, requirements that a dwelling unit be professionally cleaned, other costs that are not the result of normal wear or tear or are not permitted under RCW 59.18.260. 10. Late fees - limits. 10.1. Total late fees or costs due to nonpayment of rent charged to a Tenant shall not exceed one and one-half percent (1.5%) of the Tenant's monthly rent per occurrence. 11. Date of Rent Payment - specification of dates - notice - accommodation request not a basis for Landlord’s refusal to enter rental agreement. 11.1. Rental agreements shall include or shall be deemed to include a provision stating that when late fees may be assessed after the rent becomes due, 14  the Tenant may propose that the rent due date be altered to a different date of the month. Additionally, the provision shall specify that, according to RCW 59.18.170(3), a Landlord shall agree to such a proposal if it is submitted in writing and the Tenant can demonstrate that his or her primary source of income is a regular, monthly source of governmental assistance that is not received until after the date rent is due in the rental agreement. 11.2. A Landlord shall not refuse to enter into a rental agreement with a prospective Tenant because the prospective Tenant requests the accommodations specified in Subsection A. 12. Landlord may not require a Tenant to provide a social security number 12.1. A Landlord shall not require a social security number for the purposes of screening a prospective Tenant, as provided under RCW 59.18.257. A Landlord shall not refuse to enter into a rental agreement with a prospective Tenant because the prospective Tenant does not agree to provide a social security number. 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. 13. Rental agreement that waives Tenant’s remedies prohibited – Exception. 13.1. No rental agreement, whether oral or written, may provide that the Tenant waives or foregoes rights or remedies under this Chapter nor under the provisions or RCW 59.18; RCW 59.20; RCW, or RCW 59.12 except as provided by subsection 14.2 of this section. 13.2. A Landlord and Tenant may agree, in writing, to waive specific requirements of this Chapter if all of the following conditions have been met: 13.2.a. The agreement to waive specific provisions is in writing and identifies the specific provisions to be waived; and 13.2.b. The agreement may not appear in a standard form written lease or rental agreement; and 13.2.c. There is no substantial inequality in the bargaining position of the two parties; and 15  13.2.d. The attorney for the Tenant has approved in writing the agreement as complying with subsections 14(2)(a), (b) and (c) of this section. 13.3. Neither the Landlord or the Tenant may waive the requirement to distribute the information packet as provided in section 3 of this Chapter. 14. Violation of Chapter by Landlord - Liability. 14.1. A Landlord found in violation of any of the provisions in this Chapter, unless otherwise provided in this Chapter, shall be liable to such Tenant in a private right of action for the greater of double the Tenant's economic and noneconomic damages or three times the monthly rent of the dwelling unit at issue; and reasonable litigation costs and attorneys' fees. 16 DRAFT MODEL ORDINANCE – EVERETT RENTAL REGISTRATION PROGRAM (RRP) Rental Registration Program Under Everett Municipal Code, landlords are required to register all residential rental housing properties within the City of Everett.* See EMC XXXX for more detail. A City of Everett business license is no longer required for the Rental Registration Program. You do not need to obtain a City of Everett Business License if you do not have any employees or conduct other business that requires a City of Everett Business License. *Exceptions for registration include room rentals in owner-occupied housing, commercial lodging, short-term rentals, state-licensed facilities, and housing owned by government groups or by housing authorities. See EMC XXX for applicability. Registration Registration is required annually, on or before January 31. Registration and annual renewal can be completed online on the City Self-Service Portal. As part of the application, you will be asked to submit a Declaration of Compliance Checklist. To register or renew, complete the steps below: 1. Complete the Declaration of Compliance Checklist Download the Declaration of Compliance Checklist Using one checklist per rental property, determine if your property are compliant with basic health and safety standards by completing a self-inspection of your rental unit(s). Checklists can be completed by property managers. Certificates of inspection completed within the last 30 days and submitted by approved third-party inspectors are also accepted. For code citations of the Landlord-Tenant Act and basic health and safety standards, along with additional information, please refer to the Checklist Guide. You will upload the completed Declaration of Compliance Checklist in Step 2. If your property is not compliant, contact the Housing Programs Manager. 2. Complete the online Rental Property Registration Navigate to the Self-Service Portal webpage. Log In or register and apply for a Rental Property Registration license for each of your rental properties. For questions regarding registering a user account on the City Self-Service Portal, please refer to the Online Registration Tipsheet. To register a rental property please refer to the Rental Property Registration Tipsheet. 1  To renew a rental property license please refer to the Rental Property Renewal Tipsheet. Violations This program enforces the WA State Landlord-Tenant Act and existing building and property standards of Everett. This program imposes no additional standards on landlords, other than those already in place in city and state code. Failure to register, failure to adhere to applicable codes, and/or false reporting on the Rental Registration Program Declaration of Compliance Checklist will result in issuances of violations and penalties. Violations and penalties follow existing City procedures outlined in Chapters 1.20 of the Everett Municipal Code. To report a rental housing issue, visit Code Enforcement - Rental Housing Violation. Inspections Everett’s program does not mandate inspections, except in cases of violations or if the landlord appears to have failed to fulfill an obligation required under the Landlord-Tenant Act. In such cases, the landlord must provide a certificate of inspection completed by an approved third-party inspector within thirty days of when requested. 2 CONTENTS 1. Purpose and Intent 2. Applicability 3. Definitions 4. Requirements 5. Violations 6. Certificate of Inspection 7. Rental Property Registration Account 8. Registration Fees 9. Sale of Property - New Owner Compliance 10. Penalties and Enforcement 3 1. Purpose and Intent The City Council finds that rental housing is a valuable community asset, providing homes for all income levels. The City recognizes that quality rental housing is a partnership among owners, tenants, and the City. Additionally, the City Council finds that there exists rental housing in the City that is below minimum building standards and could violate RCW 59.18.060 of the Landlord-Tenant Act. As a result, to further the public health, safety, and welfare of its citizens and the maintenance of quality rental housing in the City, the City establishes a program to prevent and correct conditions in residential rental units that are likely to adversely affect the health, safety, and welfare of the public. It is a purpose of this Section to encourage rental housing within the City to be actively operated and maintained in compliance with Chapter 59.18 RCW, the Residential Landlord-Tenant Act. The City Council further declares that this program is for the benefit of the public in general and not for the benefit of any particular or circumscribed class of persons. 2. Applicability This Section applies to all rental dwelling units (short term and long term rentals) with the following exceptions: 2.1. Room rental within a rental dwelling unit that is otherwise occupied by the landlord; 2.2. Accommodations for transient guests for which lodging tax is applicable (hotels, motels, inns, short-term rentals, etc.); 2.3. Hospitals, hospice and community-care facilities, retirement or nursing homes, extended care facilities, and other similar uses subject to State licensing requirements; 2.4. Rental dwelling units that a government agency or authority owns, operates, or manages, or that are specifically exempted from municipal regulation by State or Federal law or administrative regulation. Such exemption applies until such ownership, operation, management, or specific exemption is discontinued; and 2.5. Emergency or temporary shelters and transitional housing. 3. Definitions In construing the provisions of this Section, the following definitions shall be applied: 3.1. “Administrator” means the Administrator of Community and Economic Development or designee as applicable and any other department administrator authorized by the Mayor to enforce this Section, or their designee, which may include, but is not limited to, Code Compliance Inspector, Building Official, or other designated City official. 3.2. “Certificate of inspection” means a certificate made in accordance with the requirements of RCW 59.18.125 by a qualified inspector on forms provided by 4  or acceptable to the City that states that the landlord of the rental dwelling unit(s) at issue has not failed to fulfill any obligation imposed under RCW 59.18.060 of the Landlord-Tenant Act. 3.3. “Declaration of Compliance” means an affidavit submitted under this chapter that must state that each unit complies with the requirements and standards in RCW 59.18.060. The City will maintain template declarations of compliance on the website/resource page. 3.4. “Department” means the city of Everett department of planning and community development. 3.5. "Dwelling” or “Dwelling unit” is defined under RCW 59.18.030, as it exists or is hereinafter amended, and means any structure or part of a structure used as a home, premises, residence, or sleeping place by one, or more persons maintaining a common household, including, but not limited to, single-family residences, a room, rooming units, units of multiplexes, condominiums, apartment buildings, mobile homes, and other similar residential structures. 3.6. “Landlord” is defined under RCW 59.18.030, as it exists or is hereinafter amended, and means an owner, lessor, or sublessor of a rental 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. 3.7. “Landlord-Tenant Act” means the Residential Landlord-Tenant Act set forth in Chapter 59.18 RCW, as currently enacted and hereinafter amended. 3.8. “Person” means an individual, group of individuals, corporation, government, governmental agency, business trust, estate, trust, partnership, association, two (2) or more persons having a joint or common interest, or any other legal or commercial entity. 3.9. “Qualified inspector” means a United States Department of Housing and Urban Development certified inspector, a Washington State licensed home inspector, an American Society of Home Inspectors certified inspector, a private inspector certified by the National Association of Housing and Redevelopment Officials, the American Association of Code Enforcement, International Code Council certified inspector, a Washington licensed structural engineer, or a Washington licensed architect, or other comparable professional as approved by the Administrator. A landlord is not eligible to act as a qualified inspector for the landlord’s rental dwelling unit. 3.10. “RCW” means Revised Code of Washington. 3.11. “RCW 59.18.060 of the Landlord-Tenant Act” means, for the purposes of this Section, RCW 59.18.060(1) through (10), as currently enacted and hereinafter amended. 5  3.12. “Rental dwelling unit” means a dwelling unit that is rented or held out for rental. A rental dwelling unit includes but is not limited to dwelling units as defined by RCW 59.18 and RCW 59.20. 3.13. “Rental property” means all residential dwelling units rented or leased on a single lot, or abutting lots, managed by the same landlord. 3.14. “Residential rental checklist” means a statement, declaration, verification, or certificate made in accordance with the forms provided by or acceptable to the City that each rental dwelling unit at issue complies with RCW 59.18.060 of the Landlord-Tenant Act and does not present conditions that endanger or impair health or safety. 3.15. “Short term rental unit” means any dwelling unit that is rented for 30 days or less without a lease as defined by RCW 6918. 3.16. “Tenant” is defined under RCW 59.18.030, as it exists or is hereinafter amended, as any person occupying or holding possession of a rental dwelling unit, building, housing unit, structure, or premise, for dwelling purposes with or without a written rental agreement. 4. Rental Registry: 4.1. All rental units in the City of Everett must be registered with the City. This includes short term and long term rental units. 4.2. Initial and Annual Declarations of Compliance: As a condition to the issuance and/or renewal of a residential rental registration, an applicant shall provide a valid declaration of compliance attesting that each each rental unit in the rental property is habitable and in compliance with the obligations set forth in RCW 59.18.06. 4.3. Requirements of Annual Registration: On or before January 31st of each year, at least one landlord of a rental dwelling unit shall submit a Declaration of Compliance and rental registration information by means and form directed by the Administrator, to include but not be limited to: 4.3.a. The landlord’s name and contact information; 4.3.b. The name and contact information of any person designated by the landlord as an alternate contact or as a representative of the landlord; 4.3.c. A residential rental checklist for each rental property that expressly identifies all of the landlord’s rental dwelling units; and 4.3.d. All certificates of inspection dated within the preceding twelve (12) month registration period. 4.4. A residential rental registration expires on December 31st of the calendar year following registration or renewal. 4.5. The residential rental registration is transferable to any person who has acquired ownership of a registered rental property for the unexpired portion of the one- year term for which it was issued. 4.6. Effect of multiple rental dwelling units: if a single property comprises multiple rental dwelling units the landlord must ensure that all rental dwelling units comply with this chapter. 4.6.a. The landlord shall comply with the requirements set forth in subsection 4.1.a-d of this Section for each individual rental dwelling unit. 6  4.7. Effect of Multiple Landlords: If a single rental dwelling unit has more than one landlord, the following applies: 4.7.a. Only one landlord is required to meet the requirements of subsection 4.1 of this Section; and 4.7.b. Regardless of which landlord registers the dwelling unit, all landlords of the dwelling unit are responsible for compliance with this Section, including ensuring proper registration by at least one landlord. 4.8. Any change in information contained in an initial or renewal registration application must be updated within 60 days. 4.9. Payment of Registration Fee: To the extent applicable, payment of any registration fees required within the City of Everett Fee Schedule shall be paid annually by December 31st. The City shall establish Registration fees for short term and long term rental units. 4.10. The department may deny or revoke a rental housing unit registration based on a failure to comply with this subsection. 4.11. Fee revenue must be deposited into a rental property registration account created in chapter 10 of this section. 5. Certificate of Inspection: The Administrator may order a landlord to complete and submit a certificate of inspection within a time specified within the order under the following circumstances: 5.1. When a tenant requests an inspection and the Administrator determines there is reason to believe that the landlord has failed to fulfill an obligation imposed under RCW 59.18.060 of the Landlord-Tenant Act; 5.1.a. A tenant must inform the Landlord and the Administrator in writing that they are requesting an inspection. The tenant must state specific violations of obligations imposed under RCW 59.18.060 5.2. When the Administrator determines based upon other information and/or observation that there is a likely violation of this Section; or 5.3. Pursuant to a finding of violation or other code enforcement order requiring the landlord to remedy a violation of this Section. 5.4. The Landlord must submit a completed certificate of inspection within 30 days of a request for inspection. 5.4.a. If the certificate of inspection includes stated violations of the obligations imposed under RCW 59.18.060 or other issues of habitability, the landlord must remedy the violation. 5.4.b. Failure to remedy issues of habitability imposed under RCW 59.18.060 shall result in a fine to be imposed by the City and a revocation of landlords rental registration. The Landlord shall also be liable to the tenant for reasonable relocation expenses if the rental unit remains uninhabitable pursuant to RCW 59.18.060. 7  5.5. Inspections pursuant to this Chapter are limited to issues of habitability and requirements under RCW 59.18.060. 6. Registration Fees 6.1. The fee for registration of short term and long term rental units shall be set by council by ordinance. 6.2. Effect of multiple rental dwelling units: if a single property contains multiple rental dwelling units the landlord must ensure that all rental dwelling units comply with this chapter. 6.2.a. The landlord shall comply with the requirements set forth in subsection 6.1 of this Section for each individual rental dwelling unit. 6.3. No registration fee shall be required for the following rental properties: 6.3.a. Owner-occupied buildings containing two units or less; 6.3.b. Rental units that a government unit, agency or authority owns, operates or manages, or that are specifically exempted from such a fee by state or federal law or administrative regulation. This fee exemption does not apply once the governmental ownership, operation or management is discontinued; 6.3.c. Rental units: 6.3.c.a. Rental units that are rented below market rate. 6.3.c.b. Supported by funding or subsidies from the federal, state or a local government; and 6.3.c.c. That are inspected at least every three years as a requirement of the funding or subsidy; and 6.3.d. Accessory dwelling units when an owner resides in either the single-family residence or the Accessory dwelling units and the Accessory dwelling units is attached to the single-family residence. 7. Sale of Property – New Owner Compliance Where conditions exist that are in violation of RCW 59.18.060 of the Landlord-Tenant Act or this Section or both, and there is a change of ownership or control, the new landlord will be subject to penalties and enforcement for all ongoing violations and registration requirements. 8. Violations: 8.1. Each landlord of a rental dwelling unit is responsible for the following violations: 8.1.a. Failure to comply with a requirement of this Section, of RCW 59.18.060 of the Landlord-Tenant Act, or both; 8.1.b. Any violation of this Chapter, where such violation occurs on or pertains to property occupied by one or more rental dwelling units, and subsection B of this Section does not except such rental dwelling units from this Section; 8.1.c. Any violation of any other City, County, State, or Federal law or regulation relating to health or safety, where such violation occurs on or pertains to property occupied by one or more rental dwelling units, and 8  subsection B of this Section does not except such rental dwelling units from this Section. 8.1.d. While not a violation under this Section, the City recognizes that reprisal or retaliatory actions by landlords against tenants are prohibited by RCW 59.18.240(1) and that landlords “shall not take or threaten to take'' such actions based on tenants’ “[c]omplaints or reports ... to [City of Everett] concerning the failure of the landlord to substantially comply with any code, statute, ordinance, or regulation governing the maintenance or operation of the premises, if such condition may endanger or impair the health or safety of the tenant.” Under applicable state law, retaliation includes, but is not limited to: (1) any act or omission done or threatened to be done as a result of the complaint that would separately violate this Section, or (2) raising rent or terminating the tenancy because of the complaint. 8.2. Except as otherwise provided in this Section, the enforcement and penalty provisions of chapters 4-7 and EMC 1.20 apply to violations and potential violations of this Section. 8.3. Any landlord contesting an order of the Administrator pursuant to this Section may appeal the order within fifteen (15) days of the decision to the Hearing Examiner pursuant to appeals process for findings of violations in EMC 1.20.280. 8.4. Any violation of this Chapter shall be a defense to an unlawful detainer action under RCW 59.12, RCW 59.18 and RCW 59.20. 9. Penalties and Enforcement: 9.1. A violation of this Section, of Section RCW 59.18.060 of the Landlord-Tenant Act, or an order to complete and submit a certificate of inspection is subject to penalties, enforcement, and appeals under chapters 4-7 and EMC 1.20. 9.2. False Reporting: Any person who knowingly submits or assists in the submission of a falsified residential rental checklist or certificate of inspection is subject to penalties and enforcement under chapters 4-7 and EMC 1.20. 10. Rental Property Registration Account The rental property registration account is created in the custody of the City of Everett treasurer. All receipts from chapter 6 of this section must be deposited into the account. Expenditures from the account may be used only for: Programs that provide legal representation in eviction cases; distributions to local governments to assist in inspections of rental housing units; and administration purposes. Only the director or the director’s designees may authorize expenditures from the account. The account is subject to allotment procedures under XXX, but an appropriation is not required for expenditures. 9