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HomeMy WebLinkAboutCity Council Committees - Public Safety (Committee) - 05/21/1991 0 M I NU'1'HS FROM 1101H A C SAF I-:'VY COMM I'I'9 HH'' M1,;1;'111 NG MAY 21, 1991 PRESENT: Paul Mann Jim Miller Leona Orr Chuck Miller Steve Dowell Mary Ann Kern Ed Chow Carol Morris Norm Angelo Kevin Kearns Ed Crawford Numerous other staff, citizens and press AMENDING ORDINANCE 2898 KENT M JNICIPAL CODE 10. 06. 120 AND REPEALING 1.0. 06.245 Steve Dowell moved to approve the request for authorization to resume normal parking practice on Gowe Street between 3rd and 4th Avenue. Leona Orr seconded the motion. Motion passed unanimously. JUST CAUSE EVICTION ORDINANCE Carol Morris explained that the Just Cause Eviction Ordinance is an ordinance that has been adopted by the City of Seattle and King County has proposed an ordinance that is similar to Seattle' s. Morris passed out copies of documentation on this ordinance from Seattle and King County (copies attached) . She further advised that she was requesting a copy of Seattle City Attorney's legal opinion on this, but was unable to get it before the meeting today. Morris briefly gave an overview of the ordinance and how complaints plight possibly be handled by having someone to investigate the complaint before it was actually referred to the City Attorney's office. Morris asked the Committee if they would like to do something similar and if there are any exclusions that they would like to add. Paul Mann stated he feels because the City of Kent has so many apartments that this is an issue that needs to be addressed. Mann introduced John Gould and John Bartlett of the Tenants Union, who passed out a copy of a preliminary report prepared for the Kent Community from the 'Tenants Union regarding the just cause eviction ordinance (copy attached) and spoke to the issue, indicating that, a Just Cause Eviction ordinance would require that a landlord have a just or good reason to evict a tenant from their home. It would provide good tenants with a sense of security and stability in their living situation and protect them from needless evictions and MINUTES FROM PUBLIC SAFETY COMMITTEE MEETING May 21, 1991 Page 2 of 4 possible homelessness. And, on the other hand, it would give landlords plenty of latitude to evict tenants who are problematic, destructive, disruptive, or who fail to pay the rent. Steve Dowell asked how this group was involved. Bartlett indicated that they have an information referral hotline for King County and they get alot of calls from the Kent area (400 calls from King County with 20% being from Kent addresses) . Mann indicated he supports pursuing an ordinance such as this because there are so many apartment complexes in the City of Kent, indicating that the Council also represents the people who live in these complexes and they simply have no rights. Mann further indicated that he brought this issue to the Committee because involves Public Safety directly as it needs an investigative arm, quite possibly the Building Department. Fire Chief Norm Angelo indicated that he would take whatever direction was given him, however they did need to consider staffing issues. Morris indicated that she felt once the ordinance was in place, it would not prove to be overly burdensome. Mann asked for comment from the audience. Paulene Caldwell, 10837 SE 200th #B1 in Kent, provided testimony in favor of the Just Cause Eviction ordinance. She described what she went through when given a 20 day eviction notice. Caldwell produced copies of documentation from all the agencies she went to in attempt to get help. *She stated that her family has been disarrayed, they've been under alot of stress and her health was affected, simply because of the "no cause" ordinance. Caldwell further went on to describe what her family has gone through due to this situation. Caldwell stated tenants have no rights and now is the time to do something about this. Currently tenants can be evicted for what they own, for how they dress and look, they can be evicted for any reason. Caldwell stated that she refuses not to fight and has gone to court twice. She said all they are asking for is help. Sharon Trueblood, 11526 SE 234th Place in Kent, provided testimony in favor of the Just Cause Eviction ordinance. Trueblood indicated that they were given 20 days to get out and when she asked if they had done something or what the problem was, she was told they just wanted the unit back. Trueblood stated the ordinance is needed to protect those people who have done nothing wrong. Herman Fletcher, 10840 SE 200th #D2 in Kent, provided testimony in favor of the Just Cause Eviction ordinance. Fletcher indicated that his family was given a 20 day eviction notice after they had MINUTES FROM PUBLIC SAFETY COMMITTEE MEETING May 21, 1991 Page 3 of 4 asked management for repairs on electric and baseboard heaters that did not work in their apartment. Fletcher went on to describe what had occurred and the financial impact this had upon his family. Dowell questioned whether the landlords would be afforded the same opportunity to comment on this issue if they chose to and Mann indicated they would. Sharon Atkins of South King County Multi Service indicated that she supports the ordinance, however "transitional" housing needs to be an exemption. Morris asked if the exception as was included in the King County ordinance would be acceptable and Atkins indicated that it was. The Committee provided direction to the City Attorney's office to look into this issue, to put together a draft ordinance and bring it back to the Committee for review. UPDATE ON HELICOPTER OPERATIONS Morris indicated that she had contacted Classic Helicopter and advised them of the complaints received and the action that the City was looking at taking. Due to this, there was a meeting arranged between Classic Helicopter and Ed D'Vorak. Mr. D'Vorak indicated that through this meeting they were able to come up with an acceptable solution to the complaints and a contact person to direct any further complaints to. Classic Helicopter also agreed to send a letter out to the other helicopter companies with this information. Morris recommended that the Committee take no further action on this issue at this time. If in the future it again becomes a problem, it could be looked at again. Committee agreed unanimously. SCHEDULING OF FIREIPOLICE BUDGET PRESENTATION Fire and Police budget presentations to the Public Safety Committee will be scheduled for June 20th at 11:00. INTERGOVERNMENTAL COOPERATIVE PURCHASING AGREEMENT Chief Angelo indicated that the City of Seattle, Bellevue and the Port of Seattle are currently in the process of issuing a joint RFP on an 800 MHz trunked radio and microwave system. Because there is the possibility that they could end up having the same vendor that the City of Kent has and because of their size and volume, they may end up with a better price than Kent has. This is simply an agreement that would allow Kent to purchase compatible equipment • 0 MINUTES FROM PUBLIC SAFETY COMMITTEE MEETING May 21, 1991 Page 4 of 4 directly from their successful vendor at their locked-in prices. This agreement creates options, it is not committing to anything. The agreement has been reviewed by the legal staff. Steve Dowell moved to approve. Leona Orr seconded the motion. Motion passed unanimously. BURN SIMULATION PROPS Chief Angelo distributed information regarding Live Training Burns (copy attached) , reviewed through the information and showed a video. Angelo indicated that this information was being presented merely to provide the Committee with information,- to explain what burn props are, how they work and why even think about doing it. The system provides a controlled and safe means of training for firefighters. Committee unanimously felt that the video on burn props should be brought to the Council as a whole for informational purposes only. MDT DEMONSTRATION Kevin Kearns brought in and hooked up an MDT, explained how the MDT's work, went through various scenarios to demonstrate how the MDT's work and their capabilities, and answered questions. Meeting adjourned. Septembo, 1989 INTRIOCED BY SULLIVAN PROPOSED NO. 89-740 1 ORDINANCE NO. 2 AN ORDINANCE related to landlord tenant law, requiring just cause for termination or nonrenewal of a rental 3 agreement, and prescribing penalties. 4 BE IT ORDAINED BY THE COUNCIL OF KING COUNTY: 5 SECTION 1. Short Title. This chapter shall be known as and cited as the "Just 6 Cause Eviction Ordinance." 7 SECTION 2. Purpose. This chapter Is an exercise of the police power of King 8 County for the protection of the public welfare, health, peace and safely of the citizens g of King County and in fulfillment of the provisions of the Constitution of this state. The 10 King County council finds and declares that the termination of residential rental 11 agreements, nonrenewal of residential rental agreements, and eviction of residential 12 tenants without just cause are contrary to the public welfare, health, peace and safety of 13 the citizens of King County. 14 SECTION 3. Definitions. The following words and phrases used In this chapter snail 15 have the meanings set forth below: 16 A. "Administrator" means the administrator of the King County office of civil rights 17 and compliance, 18 B. "Charging party" means any person alleging an unfair housing practice under 19 this chapter. 20 C. "Dwelling unit" means a structure or that part of a structure which is used as a 21 home, residence, or sleeping place by one person or by two or more persons maintaining 22 a common household, including but not limited to single family residences and units of 23 multiplexes, apartment buildings, boarding houses, and moblie homes. 24 D. "Landlord" means the owner, lessor, or sublessor of the dwelling unit or the 25 property on which It Is a part, and in addition means any person designated as represen- 26 tative of the landlord. 27 E. "Owner" means one or more persons, jointly or severally, to whom is vested: 28 1. All or any part of the legal title to a dwelling unit or the property on which it 29 is located. or 30 2. All or part of the beneficial ownership, and a right to present use and 31 enjoyment of a dwelling unit or the property on which It Is located. 32 1 1 F. "Party" means the charging party, the respondent or the administrator. 2 G. "Person" means one or more individuals, partnerships, associations, organiza- 3 tions, corporations, cooperatives, legal representatives, trustees and receivers or any 4 group of persons; It includes any owner, lessee, proprietor, manager, agent or employee 5 whether one or more natural persons; and further Includes any political or municipal sub- 6 divisions of the state and any agency or instrumentality of the slate or of any political or 7 municipal subdivision thereof. 8 H. "Rental agreement" means any agreement, whether written or oral, which g establishes or modifies the terms, conditions, rules, regulations, or any other provisions 10 concerning the use and occupancy of a dwelling unit or the property on which it is 11 located. 12 1. "Respondent" means any person who is alleged to have committed an unfair 13 practice prohibited by this chapter. 14 J. "Tenant" means any person who is entitled to occupy a dwelling unit or the i 15 property on which It is located primarily for living or dwelling purposes under a rental I 16 agreement and includes any assignees or sublessees. 17 SECTION 4. Obligation of Good Faith. Every rental agreement or duty within this 18 chapter imposes an obligation of good faith in its performance or enforcement. 19 SECTION 5. Exclusions. 20 A. The following living arrangements are not governed by the provisions of this 21 chapter: 22 1. temporary residence in emergency shelter or transitional housing operated by 23 an agency serving homeless families and/or individuals, for which tha agency and resident I 24 agree in advance to the term of residence, program fees, and any other program 25 requirements the resident must'fulfill to maintain residency; 26 2. residence in a group home, halfway house or other shared dwelling owned or I � 27 leased by a social service agency, for which residence in the dwelling requires continued 28 participation in a social service program operated by the agency; 29 3. residence in a dwelling which is also occupied by the owned for residential 30 purposes: and 31 4, residence by a sublessee in a dwelling which is also occupied by the lessee . 32 for residential purposes. 2 1 B. Nothing in this ordinance shall be construed as a substitute or waiver by any 2 party of their procedural rights under federal regulations governing publicly owned or 3 publicly subsidized private dwellings. 4 C.1. This chapter shall not govern nor have any application to termination or • 5 nonrenewal of any rental agreement where: 6 a. such termination or nonrenewal is based upon the unlawful manufacturing, 7 delivering, selling, uttering, giving away, use or consumption of any controlled substance 8 as defined in chapter 69.50 RCW, legend drug as defined in chapter 69.52 RCW, or imita- 9 lion controlled substance as defined in chapter 69.41 RCW, on the premises by any per- 10 son; or 11 b. such termination or ngnrenewal is based upon any person conducting, 12 permitting or carrying on acts of prostitution on the premises. 13 2. Landlords shall utilize unlawful detalner procedures set forth In RCW 59.12 for 14 relief on grounds of prostitution or drug activity. 15 SECTION 6, Termination or Nonrenewal of Rental Agreement for Just Cause. 16 A. No landlord shall threaten to evict, attempt to evict, or evict any tenant or .17 otherwise threaten termination or nonrenewal, attempt termination or ngnrenewal, or let- 18 minate or refuse renewal of any rental agreement except for just cause. The following 19 grounds, and no others, shall constitute just cause: 20 1. the tenant fails, without justification or defense, to pay rent due and owing i 21 and fails to comply with a three-day notice to p y y pay rent or vacate pursuant to 22 RCW 59.12.030(3); I 23 2. the tenant has habitually and without legal justification failed to pay rent which i 24 is due and owing and has been served with athree-day notice to pay rent or vacate I I 25 three or more limes in a twelve-month period; 26 3. the tenant has permitted or committed waste, destruction or injury to the pre- 27 mises. has maintained a nuisance on the premises, or has conducted an unlawful business 28 on the premises and has been served with a three-day notice to vacate pursuant to RCW I 29 59.12.030(5), which describes the waste, nuisance, or unlawful bausltte, 30 4. the tenant has been convicted of criminal activity on the premises; 31 5, the tenant has failed to substantially comply with an obligation set forth to 32 RCW 59.18.130 or a material term of the rental agreement after service of a ten-day 3 1 notice to comply or vacate pursuant to RCW 59.12.030(4); 2 6. the tenant has failed to substantially comply with an obligation set forth in 3 RCW 59.18.130 or a material term of the rental agreement and the landlord has served a 4 ten-day notice to comply or vacate for such failure three or more times in a twelve 5 month period: 6 7. the tenant's occupancy has been expressly conditioned upon the tenant's 7 employment on the property and the employment relationship is terminated; 8 S. the owner seeks possession for himself or herself or for a member of his or 9 her immediate family. Immediate family shall Include the parents, children, brothers, 10 sisters, grandparents or grandchildren of the owner. The tenant shall be given the right 11 of first refusal for any dwelling unit or site that is vacant within the property at the time 12 the notice of termination or nonrenewal is served; 13 9. the landlord seeks to do major reconstruction or rehabilitation of the 14 dwelling unit which cannot be done with the tenant in occupancy. Any tenant 15 dispossessed pursuant to this subsection shall be given the right of first refusal for occu- 16 pancy of the unit when the reconstruction or rehabilitation is completed: 17 10. the landlord plans to demolish the premises, or intends to convert the pre- 18 mises !o a condominium, cooperative or a nonresidential use and has obtained all 19 necessary permits and complied with all applicable regulations or ordinances: 20 11. the landlord has entered into a contract for sale of the property from a 21 buyer who intends to occupy the unit. and the buyer seeks to terminate the tenancy at 22 the end of the rental period immediately preceeding the sale of the property. The tenant 23 shall be given the right of first refusal for occupancy of the unit it the sale does not 24 close or if the unit is offered for lease following the sale. 25 B. If the landlord establishes just cause for termination or nonrenewal of the rental 26 agreement, the landlord may recover possession of the dwelling unit, or property in the 27 manner provided by law. 28 C. If the landlord fails to establish just cause for termination,19f nonrenewal of the 29 rental agreement or fails to comply with any of the requirements oti thig chapter, the 30 tenant may present this as a defense in any action for possession of the dwelling unit or 31 property. The court may award reasonable attorney's fees and costs incurred by the 32 tenant in defending such action. 4 v 1 D. If the landlord terminates a rental agreement purstrant to subsection A.9, of this 2 part, and the landlord or a member of his Immediate family subsequently fails to occupy 3 the dwelling unit or site within one month after the tenant vacates the dwelling itn:; c, 4 site, or if the tenant Is denied his or her right of first refusal following a termination pul- 5 suant to subsection A.9., A.M. or A.12., or It the landlord has, within a reasonable time, 6 not to exceed three months, failed to begin demolition or conversion of the premises as 7 set forth in subsection A.11., the'tenant may institute a civil proceeding against the 6 landlord as provided by law. The prevailing party in such an action shall be entitled to 9 recover reasonable attorney's fees and costs. 10 SECTION 7. Notice of Termination or Refusal to Renew Rental Agreement. 11 A. If the rental agreement is to be terminated or will not be renewed, the landlord 12 shall notify the tenant in writing at least twenty days prior to the termination date unless 13 a different notice period is authorized in RCW 59.12.030. The notice shall state the 14 grounds for*termination or nonrenewal. In any action for possession of the dwelling unit 15 or property, the landlord may only rely on the reasons which were set forth In the notice 16 of termination or nonrenewal. 17 B. The notice shall advise the tenant that if he or she remains in the dwelling unit i 18 after the effective date of the termination, the landlord may enforce the eviction by 19 pursuing a remedy available at taw. 20 C. If the landlord fails to give the required written notice, or the notice fails to 21 adequately inform the tenant of the reason for the termination or nonrenewal, or the i reason stated for termination or nonrenewal is not one of the reasons identified herein 22 23 as just cause, then the tenant may present this as a defense in any action for possession of the dwelling unit or properly. 24 I 25 SECTION 8. Waiver of Chapter Provisions Prohibited. Any provisions of a rental agre. •yen' which waive or purport to waive the provisions of this t:flpler shall be 26 deemed against public policy and shall be unenforceable, except as orbyided by RCW 27 28 59.18.360. ' SECTION 9. Landlords Shall Not Evade the Provisions of This chapter. 29 30 A. A landlord shalt not Increase any tenant's rant or change the terms and con- ' 31 ditions of any rental agreement, reduce services to the tenant, or in any manner increase 32 the obligations of the tenant when such actions are Intended to evict the tenant or 5 1 otherwise cause the tenant to vacate without just cause. 2 B. Violation of this section may be presented as a defense in any action for 3 possession of the dwelling unit or property and the tenant may pursue any remedy 4 available at law. The prevailing party in any action brought by the tenant shall be 5 entitled to recover attorney's fees and costs. 6 SECTION 10. Unfair Housing Practice. It is an unfair housing practice for any per- 7 son, whether acting on their own behalf or for another; 8 A. To threaten to evict, attempt to evict or evict any tenant or otherwise threaten 9 to terminate, attempt to terminate or terminate any rental agreement except for just 10 cause as defined in this chapter; 11 B. To threaten nonrenewal, attempt nonrenewal, or refuse renewal of a rental 12 agreement except for just cause; 13 C. To Increase any tenant's rent or change the terms and conditions of any rental 14 agreement, reduce services to the tenant, or in any mander increase the obligations of I 15 the tenant when such actions are intended to evict the tenant or otherwise cause the 16 tenant to vacate without just cause; 17 D. To violate any other duty or obligation Imposed on the owner or landlord by this chapter. 18 i 19 SECTION 11. Investigation of Complaint. 20 A. A complaint alleging an unfair housing practice may be made by any person who has reason to believe that an unfair housing g practice has been committed against 22 him or her. Such complaint shall be made in writing and signed by the charging party within 90 days of the alleged unfair housing practice. The complaint must describe with 23 particularity the location of the practice and must identify the person being charged with i 24 committing an unfair housing practice• provided that, a complaint shall not be rejected as i 25 insufficient because of failure to include all required information, so long as it substan- 26 tially meets the informational requirements necessary for processing. The charging party 27 must be current in all rent due and owing to the landlord against whom the complaint is 28 made unless a legal justification is provided by law. The administrator shall cause the 29 respondent to be notified of the complaint. 30 31 32 6 Fj i i 1 B. The administrator shall Investigate 'the alleged unfair practice In an objective and 2 Impartial manner. During the Investigation, the administrator shall consider any statement 3 of positioq or evidence with respect to the allegations of the complaint which the 4 charging party or the respondent wishes to submit. 5 C. The adminrslralor shall have authority to sign and issue subpoenas requiring the 6 alterdanc, and testimony of witnesses, the production of evidence including but not 7 limited to books, records, correspondence or documents in the possession or under the 8 control of the person subpoenaed, and access to evidence for the purpose of 9 examination and copying as are necessary for the investigation. The administrator shall 10 consult with the prosecuting attorney before issuing any subpoena under this section. 11 D. If an Individual fails to obey a subpoena, or obeys a subpoena but refuses to 12 testify when requested concerning any matter under Investigation, the administrator may 13 invoke the aid of the King County prosecuting attorney who may petition to the Superior 14 Court of King County for an order or other appropriate action necessary to secure 15 enforcement of the subpoena. The.petition shall be accompanied by a copy of the sub- 16 poena and proof of service, and shall set forth in what specific manner the subpoena has 17 not been complied with, and may ask for an order,of the court to compel the witness to 18 appear and testify or cooperate in the investigation of the unfair housing practice. 19 E. It the administrator finds that reasonable cause exists to believe that an unfair 20 housing practice has occurred, the administrator shall endeavor to eliminate the unfair 21 practice by conference, conciliation and persuasion. which may include as a condition of 22 settlement the elimination of the unfair housing practice, rescission of any notice of ter- 23 mination of tenancy or nonrenewal, rent refunds or credits not in excess of the amount 24 of monetary damage actually incurred, imposition of the monetary penalties described in 25 this chapter, reinstatement of tenancy or such other requirements as may lawfully be 26 agreed upon by the parties and the administrator. 27 F. If no agreement can be reached, a finding to that effect shalf be made by the 28 administrator and incorporated in a preliminary order, with a copy theropl furnished to the 29 charging party and the respondent. The preliminary order shall alsio', iri woe: 30 1. A finding that an unfair housing practice has occurred; 31 2. The basis for such finding,, and 32 f 7 1 3. An order requiring the respondent to cease and desist from such unfair prac- 2 tice and to lake appropriate affirmative action, including but not limited to, rescission of 3 any notice of termination of tenancy, rent refund or credit not in excess of the amount 4 of monetary damage actually incurred, imposition of the monetary penalties described in 5 this chapter, reinstatement to tenancy or to lake such other action as In, the judgment of 8 the administrator will effectuate the purposes of this chapter, which may include the 7 requirement for a report on the matter of compliance. 8 G. In the event the administrator finds that the respondent willfully or knowingly 9 committed any unfair housing practice, the administrator may further order the respondent 10 to pay a civil penalty of up to five hundred dollars per violation. The administrator, in a 11 reasonable manner, may vary the amount of the. penalty assessed to consider the 12 appropriateness of the penalty to the size of the business of the violator: the gravity of 13 the violation: and the number of past and present violations committed. The penalty shall 14 be paid to the King County office of finance for deposit in the county general fund. 15 SECTION 12. Hearing. 16 A. In the case of failure to reach an agreement for the elimination of such unfair 17 housing practice, and upon the entry of a preliminary order, the complaint, any and all I ftndin s made. and affirmative action measures and/or civil 18 g penalties required shall be 19 certified by the administrator to the office of the King County hearing examiner for 20 hearing. i 21 S. A hearing shall be conducted by the office of the hearing examiner for the pur- I pose of affirming, denying, or modifying the preliminary order. The hearing shall be con• 22 ducted on the record and the hearing examiner shall have such rule making and other 1 23 24 powers necessary for cqnduct of the hearing as are specified in K.C.C. 20.24.150. Such 25 hearing shall be conducted within a reasonable time after receipt of the certification. 26 Written notice of the time and place of the hearing shall be given at Feast ten days prior i to the date of the hearing to each affected party and to the administrator. 27 28 C. Each party shall have to following rights, among others: 29 1. • to call and examine witnesses on any matter relevant to the issues of the complaint: 30 31 2. to introduce documentary and physical evidence: 32 I 8 l I� 1 3, to cross-examine opposing witnesses on any matter relevant to the issues of 2 the complaint: 3 4. to impeach any witness regardless of which party first called him to testify; 4 5. to rebut evidence against him: and 5 6. to represent himself or to.be represented by anyone of his choice who Is 6 lawfully permitted to do so. 7 D. Following review of the evidence submitted, the hearing examiner presiding at 8 the hearing shall enter written findings and conclusions and shall render a written deci- 9 sion. Such findings, conclusions and decision shall be certified to the administrator and a t0 copy served on all affected parties. 11 SECTION 13. Remedial Order. 12 A. In the event the hearing examiner shall concur that a respondent has been 13 engaged in or is engaged in any unfair housing practice, the administrator shall issue and 14 cause to be served on the affected parties the final order referencing the hearing exami- 15 ner's decision and requiring the respondent to cease and desist from such unfair practice 16 or practices and to take such actions or pay such penalties as are specified therein. 17 B. Any final order issued by the administrator under subsection A. of this section 18 shall be in the format specified by K.C.C. 21.12.020 to the extent applicable and shall 19 constitute a final order within the meaning of K.C.C. 23.12.080. 20 SECTION 14. Enforcement. In the event that the respondent refuses or falls to 21 comply with any order of the administrator, the administrator is authorized to enforce the 22 order against such person utilizing the misdemeanor, civil penalty and other enforcement 23 provisions of K.C.C. Title 23. In addition, the charging party shall have a private right of 24 action to enforce any such order. 25 SECTION 15. Retaliation. It is an unfair housing practice to retaliate or otherwise 26 discriminate against any person because such person has complied or proposed to 27 comply with provisions of this chapter or has filed a complaint, testified, or assisted in 28 any proceedings under this chapter, or any order issued thereunder. 29 30 31 32 9 N I SECTION 16. Authorization to Implement Procedures. The administrator Is 2 authorized to implement such forms, administrative processes, and operational procedures 3 as are necessary to comply with the provisions of this chapter; provided that such forms, 4 processes and procedures shall be promulgated in compliance with K,C.C. 2.98, Rules of 5 County Agencies. 6 SECTION 17. Severability. Should any section, subsection, paragraph, sentence, 7 clause or phrase of this chapter be declared unconstitutional or Invalid for any reason, ® such decision shall not affect the validity of the remaining portions of the chapter. g INTRODUCED AND READ for the first time this day of 10 19 11 PASSED this day of 19 12 KING COUNTY COUNCIL KING COUNTY, WASHINGTON 13 14 Chairman 15 ATTEST: 16 17 Cleric of the Council 18 APPROVED this day of 19 19 20 King County Executive 21 K:ORD2 22 23 24 25 .26 27 28 29 . 30 31 32 10 .22,206.140 BUILDINGiD CONSTRUCTION CODES apply to any window on a deck,balcony or porch 7. Maintain the building and equipment that is not readily accessible from grade, except in compliance with the minimum standards through a single housing unit. specified in Sections 22.206.010 through J. Subject to approval by the Director, alter- 22.206.140 and in a safe condition, except for nate security devices may be substituted for those maintenance duties specifically imposed in Sec- required herein if the devices are equally capable tion 22.206.170 on the tenant of the building; of resisting illegal entry, and installation of the provided that this subsection 7 shall not apply to devices does not conflict with the requirements owner-occupied dwelling units in which no of this Code or the requirements of other ordi- rooms are rented to others. nances regulating safe exits. B. It shall be the duty of all owners of build- (Ord. 113545 § 5 (part), 1987.) ings that contain rented housing units,regardless of any lease provision or other agreement that Subchapter VI Duties of Owners and Tenants purports to transfer the owner's responsibilities hereunder to an operator,manager or tenant,to: 22.206.150 General. 1. Maintain in a clean and sanitary con- Notwithstanding the provisions of any rental dition the shared areas, including yards and agreements or contracts to the contrary,there are courts, of any building containing two (2) or hereby imposed on owners and tenants certain more housing units; • duties with respect to the use, occupancy, and 2. Supply enough garbage cans or other maintenance of buildings. approved containers of sufficient size to contain (Ord. 113545 § 5 (part), 1987.) all garbage disposed of by such tenants; 3. Maintain heat in all occupied habit- 22.206.160 Duties of owners. able rooms, baths and toilet rooms at an inside A. It shall be the duty of all owners,regardless temperature,as measured at a point three feet(3') of any lease provision or other agreement that above the floor, of at least sixty-five degrees purports to transfer the owner's responsibilities Fahrenheit (65° F.) between the hours of seven hereunder to an operator,manager or tenant,to: a.m.(7:00 a.m.)and ten-thirty p.m.(10:30 p.m.) 1. Remove all garbage,rubbish and other and fifty-eight degrees Fahrenheit (58° F.) go debris from the premises; between the hours of ten-thirty p.m.(10:30 p.m.) 2. Secure any building which became and seven a.m. (7:00 a.m.) from September 1st vacant against unauthorized entry as required by until June 30th,when the owner is contractually Section 22.206.200 of this Code. obligated to provide heat; 3. Exterminate insects,rodents and other 4. Install smoke detectors in each hous- pests which are a menace to public health,safety ing unit and test smoke detectors when each or welfare. Compliance with the Director's Rule housing unit becomes vacant; governing the extermination of pests shall be 5. Make all needod rrepairs or replace deemed compliance with this subsection 3. smoke detectors with oper4tirig detectors before 4. Remove from the building or the a unit is reoccupied; and premises any article, substance or material 6. Instruct tenants as, to the purpose, imminently hazardous to the health, safety or operation and maintenance of the detectors. general welfare of the occupants or the public,or C. Just Cause Eviction. which may substantially contribute to or cause 1. Owners of housing units shall-not evict deterioration of the building to such an extent or attempt to evict any tenant, or otherwise ter- that it may become a threat to the health, safety minate or attempt to terminate the tenancy of or general welfare of the occupants or the public; any tenant unless the building containing such 5. Remove vegetation and debris as housing unit has a current'rental housing regis- required by SMC Section 10.52.010; tration,as required by � e�tion 22.202.060, 6. Lock or remove all doors and/or lids and except for good cause.The reasons for termi- on furniture used for storage, appliances, and nation of tenancy listed bolpw, and no others, furnaces which are located outside an enclosed, shall constitute good causelunder this section: locked building or structure; and a. The tenant fAils to comply with a notice to pay rent or vacate pursuant to RCW 59.12.030(3); a ten (10)day notice to comply or (Seattle 3-W) 22-16 ` HABITABLE BUILDINGS 22.206.170 vacate pursuant to RCW 59.12.030(4);or a three k. If a tenant engages in criminal (3) day notice to vacate for waste, nuisance or activity in the building'or on the premises. maintenance of an unlawful business pursuant 2. Any rental agreement provision which to RCW 59.12.030(5); waives or purports to waive any right, benefit or b. The tenant habitually fails to pay entitlement created by this subsection C shall be rent when due which causes the owner to notify deemed void and of no lawful force or effect. the tenant of late rent four(4)or more times in a 3. With any termination notices required twelve (12) month period; by law, owners terminating any tenancy pro- c. The tenant fails to comply with a tected by this section shall advise the affected material term of the rental agreement or fails to tenant or tenants in writing of the reasons for the comply with a material obligation under RCW termination. 59.18 after service of a ten (10) day notice to 4. In any action commenced to evict or comply or vacate; to otherwise terminate the tenancy ofany tenant, d. The tenant habitually fails to com- it shall be a defense to the action that there was no ply with the material terms of the rental agree- current rental housing registration, as required ment which causes the owner to serve a ten (10) by SMC Section 22.202.060, for the building in day notice to comply or vacate three(3) or more which the tenancy existed, or that there was no times in a twelve (12) month period. good cause for such eviction or termination as e. The owner seeks possession for the provided in this section. owner or for a member of his or her immediate (Ord. 114834 § 2, 1989; Ord. 113545 § 5(part), family and no substantially equivalent unit is 1987.) vacant and available in the same building. "Immediate family" shall include the spouse, 12.206.170 Duties of tenants. parents,grandparents,children,brothers and sis- It shall be the duty of every tenant to: ters of the owner or owner's spouse. Maintain in a clean and sanitary cond' ion f. The tenant's occupancy is condi- the art or parts of the building and the pr ises tioned upon employment on the property and occu ied or controlled by the tenant; the employment relationship is terminated; B. tore and dispose of all garbag and rub- g. The owner seeks to do major bish in clean,*sanitary and safe ma her in gar- reconstruction or rehabilitation in the building bage can or other approved contai ers provided which cannot be done with tenants in occupancy. by the o er; Any tenants dispossessed pursuant to this provi- C. Com ly with reasonabl requests of the sion shall be given a right of first refusal for the owner for e prevention elimination of rehabilitated units; infestation, i luding granti reasonable access h. The owner elects to demolish the for exterminat n or preve tive measures by the building,convert it to a condominium or a coop- owner; lk erative, or convert it to a nonresidential use; D. Exercise r ona a care in the use and provided,that the owner must obtain all permits operation of elect al d plumbing fixtures and which are necessary to demolish or change-the maintain all rani y facilities, fixtures and use before terminating any tenancy; equipment in a cle and sanitary condition; i. The owner seeks to discontinue E. Within are on le time,repair or pay for use of a housing unit unauthorized by Title 23 or the reasonable c st of r air of all damage to the 24 of the Seattle Municipal Code after receipt ofa building cause by the.z, gligent or intentional Notice of Violation thereof,provided that reloca- act of the ten t or the ilavi es or licensees of the tion assistance,at the rate of two(2)months'rent tenant; for each such unit,is paid to the tenant(s)of each F. Gra t reasonable acce to the owner of such unit at least two (2)weeks prior to the date the build' g for the purpose o inspection by the set for compliance in the notice of violation; Directo ,or maintenance or rep 'rs by the owner j. If a tenant is a resident of the in the erformance of any duty i posed on the owner's own housing unit, the owner may evict own by this Code; the tenant at any time in the manner provided by G Refrain from placing or sto ' g in the law; bu' ding or on the premises thereof a article, s stance or material imminently dang ous to 22-1 (Seattle .90) THE JUST CAUSE EVICTION ORDINANCE A PRELIMINARY REPORT TO THE KENT COMMUNITY FROM THE TENANTS UNION In the face of a growing housing crisis, the proposed Just Cause Eviction Ordinance would provide good tenants with a sense of security and stability in their living situation. It would protect these tenants from needless evictions and possible homelessness . In 1987, the King County Executive' s office issued an Affordable Housing Policy Plan. The report recognized that in addition to funding more shelters or subsidizing more low income housing units, alternative ways must be looked at to promote and maintain affordable housing. The scarcity of low-to-moderately priced rentals underlies much of the problem. Many families pay up to one half of their income in rent and if they miss just one payment, they wind up evicted. It is estimated that 90% of the homeless are forced out of their homes by evictions . High rents, however, are not the only factor at work here . Many people who are able to pay rent end up homeless due to "no cause" evictions . Washington ' s Residential Landlord/Tenant Act allows a landlord to evict any tenant who does not have a Lease by merely serving them with a 20 notice of termination of tenancy . That family or person must then vacate their home in less than a month into a King County housing market which has only a 4% vacancy rate overall and a much lower rate for units available to low income people . The Costs to Tenants The cost to tenants of "no cause" evictions take pany forms ranging from increased financial obligations to eitotional distress to, in some instances, the break up of the family . The most obvious of these costs is the expense to relocate . For example, Sharon and Ron Trueblood of Kent were recently given a "no cause" eviction notice . The costs they incurred to move appear below: First and last month' s rent $1920 Security Deposit $ 400 Moving truck $ 75 Time lost from work (Sharon) $ 125 (Ron) $ 96 Utility Hook-ups $ 148 Total $2765 These figures do not include expenses like credit checks or pet fees, nor such intangible costs like possible relocation away from work or school, hours spent changing address with friends, family and other business, or being forced to develop new friends in an entirely different community. The Trueblood family was fortunate enough to have savings and was able to move into a new apartment . For many low- income people living closer to the edge, this is not always the case . One South King County shelter provider estimated that up to 10% of the people seeking help at that shelter are the victims of an unjust eviction. Low-income tenants are not the only ones hurt by these forced relocations . For many-middle income renters, a sudden $2000 expense can wipe out their savings leaving them vulnerable to other unforeseen events like illness or layoff. Many tenants wind up borrowing the money needed to move . They were expecting to repay the loans with their returned security deposits . In 61% of the cases interviewed so far by the Tenants Union, the landlord did not give the tenant back their deposit . Besides moving expenses, an ongoing Tenant .Union survey has revealed that 70% of those queried ended up paying a higher monthly rental rate in their new homes . Increases as high as $100 per month were not uncommon . The emotional impact of these forced evictions was in many instances as great as the financial strain. Almost all tenants complained of feelings of insecurity and/or a loss of self esteem. The stress of having their home taken from them caused some people to miss work, fail exams, fight with their spouses, etc. In 1990 the Tenants Union received 404 calls from residents complaining of "no cause" evictions who reside in King County . An additional 238 people called to complain about illegal evictions of less than 20 days . We can only guess as to the number of "Ano cause" or illegal evictions which go unreported and as to how many of these callers became homeless or were forced to move in with relatives or friends as a result of the enormous cost of moving on short notice . • 0 What is "Just Cause"? The Just Cause Eviction Ordinance would require that a landlord have a just or good reason to evict a tenant from their home . For example, Seattle ' s ordinance defines 10 causes or reasons for which a tenant can be lawfully evicted. They are as follows : 1 . Failure to pay rent without justification or defense . 2 . Habitual late rent payment . (3 or more times in a year) 3 . Permitting or causing a waste or a nuisance or conducting unlawful business on the premises . 4 . Conviction of criminal activity on the premises . 5 . Failure to comply with an obligation or material term of the rental agreement after being served with a 10 day comply or vacate notice . 6 . Failure to comply with an obligation or material term of the rental agreement 3 or more times in a year. 7 . The tenant ' s occupancy has been expressly conditioned upon the tenant ' s employment on the property and the employment relationship is terminated. 8 . Owner seeks possession for self or members of his/her immediate family. 9 . Demolition, condo conversion, or change of use to nonresidential . 10 . Major reconstruction or rehabilitation. These reasons give the landlord plenty of latitudo to evict tenants who are problematic, destructive, disruptive, or who fail to pay rent . For instance, a landlord would have little trouble evicting a tenant who is dealing drugs or who repeatedly plays loud music which disturbs other 'tenants . The Just Cause Eviction Ordinance protects only 'tose renters who pay their rent on time and follow all,Xthe rules . IN DEFENCE OF THE JUST CAUSE ORDINANCE a I One may wonder why anyone would oppose this legislation. It is obviously fair. A renter deserves to know why ,he/she is being evicted. Given that one' s home is at stake, the reason for the eviction should be reasonable . So why are some apartment owners against giving a a just cause? Apartment owners say that tenants do not have to give a reason when they vacate so it is only fair that the landlord should not have to give one either. Fairness must take into account that the impact of the eviction has a much greater effect on the tenant than on the owner . In today ' s rental market finding a home that one likes and can afford in 20 days is not an easy task . At the same time, the landlord knows that someone else will rent the vacated unit . The owners claim that the ordinance will foster "tenancy for life" and male it impossible for them bring in "better" renters . What the bill will actually do is promote stability for the tenant by giving them the assurance that as long as they follow the rules and pay the rent, they will have a place to live . The law will not make it any harder for a landlord to evict a problem tenant . At the Tenants Union, we have received complaints from people who have been evicted for refusing to give the landlord theif social security number, for refusing to make their 18-year-old daughter a co-signer on the lease, for telling a real estate agent they must give 24 hours notice to enter the apartment (RCW 59 . 18 . 150) , for requesting needed repairs (RCW 59 . 18 . 090) , etc . Landlords have evicted people because they don't like the renter' s kids, the tenant has a boy/girlfriend of a different race, the tenant is of a different sexual orientation and so on. The TU survey found that over 750 of the tenants felt they were evicted because of retaliatory or discriminatory reasons . While the reasons behind these "no cause" evictions are already illegal (retaliation or discrimination) , in court these cases are extremely hard to prove . Another side effect of "no cause" evictions is many renters will choose not to assert their rights with the threat of eviction hanging over their head. The Just Cause' Eviction Ordinance would protect these tenants and thus allow them to assert their rights and remedies under the state Landlord/Tenant Act . The Just Cause Eviction Ordinance will cost very -,�ttle to implement . The law will only effect unscrupulous 4,andlords who use the "no cause" eviction as a means of ha: `sing or discriminating against tenants . It will greatly , 4, ance the rights of tenants by supplementing the currenij *, ,against retaliation and discrimination. A Just Cause V1 ion Law means justice for law abiding, rent-paying tenant a z m - r- p z z Z I v� - - -. 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