HomeMy WebLinkAbout4399ORDINANCE NO. 4399
AN ORDINANCE of the City Council of the
City of Kent, Washington, amending the Kent City
Code to create a new Chapter 10'03 relating to
Residential Landlord-Tenant Regulations, and
requiring a landlord to provide a written Warning of
Intent to Terminate Tenancy no less than 40 days
prior to the issuance of the 2O-day notice of
termination of a month to month or period to period
tenancy required of RCW 59'18.200(1Xa).
RECITALS
A, It was recently reported that the City of Kent ranks as the 8th
most ethnically diverse city in the nation, The Kent School District reports
on its website that over 130 languages are spoken in the homes of school
district students,
B. Based on the American community survey 2oL9 five-year
census data, 44o/o of Kent's housing units are renter occupied. With a high
rental rate and diversity of languages, there is risk that a portion of the
renting community will not be able to easily understand the terms of a rental
agreement, and may have challenges in finding housing when faced with the
end of the landlord-tenant relationship.
c. state law, set forth in RCW 59.18.200(1)(a), provides that with
respect to a month to month or other period to period residential rental
arrangement, tenancy can be terminated by either the landlord or the tenant
with written notice of 20 days or more preceding the end of the month in
which the tenancy is to be terminated. This means, for example, that in a1 .":,ni:';:,'r2':i,::l:il::.n
Regulations
month with 30 days, as long as the notice to terminate is provided to the
tenant in writing by the 10th of the month, the tenant will be required to
vacate by the end of the month. Note that if the notice is delivered later
than the 1Oth of the month, the tenant would not be required to vacate until
the end of the following month.
D. A short 2O-day period before a residential tenant is required to
vacate has the potential to result in the vacating tenant's inability to find
alternative housing, especially when occupancy rates are high and housing
is difficult to find. Language barriers may exacerbate the difficulty presented
by the 20-day Period.
E. This ordinance provides that with respect to a month to month
or other period to period residential rental arrangement, a landlord shall
provide to the tenant a written "Warning of Intent to Terminate Tenancy"
40 days prior to the time required of RCW 59.18.200(1)(a) for the issuance
of the 20-day notice of termination'
NOW, THEREFORE, THE CITY COUNCIL OF THE CIry OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION I. - Amendment Title 10 of the Kent City Code is amended to
add a new Chapter 10.03 entitled "Residential Landlord-Tenant
Regulations," as follows:
CHAPTER 10.03
Residential Landlord-Tenant Regulations
sec. 1o.o3.o1o. Purpose. The purpose of this chapter is to
establish regulations related to rental housing in order to reduce barriers to
the ability of tenants to find new housing when a month-to-month lease or
a lease for an indefinite term is terminated, while also not interfering with
llJZll,iJ,"2:i,::l:i::.n
Regulations
the ability of a landlord to manage its property-related business without
undue or overly burdensome regulation or risk.
Sec. 1O.O3.O20. Definitions. Unless otherwise specifically defined,
all terms used in this chapter shall have the same meaning as provided for
in Chapter 59.18 RCW, as now enacted or hereafter amended. Whenever
there is a reference to any section or subsection of Chapter 59.18 RCW,
that reference shall include any future amendment or recodification of that
section or subsection.
sec. 1o.o3.o3o. warning of Intent to Terminate Tenancy of
month to month or period to period lease - Affirmative defense.
A. When a landlord intends to terminate a rental arrangement
subject to and in accordance with Rcw 59.18.200(1)(a), the landlord shall,
no less than 40 days prior to the time required for issuance of the notice in
RCW 59.18,200(1)(a), and in addition to the notice required of RCW
59.18.200(1)(a), issue a written Warning of Intent to Terminate Tenancy
which shall be delivered to the tenant by first-class U.S. mail addressed to
the tenant. The date of issuance shall be the date the notice is postmarked
by the U,S. mail system, or personally delivered to the tenant who is
responsible for paying rent. The failure of a landlord to provide notice as
required of this section shall constitute an affirmative defense to any legal
action brought by the landlord to recover possession of the dwelling unit.
B, The written Warning of Intent to Terminate Tenancy shall
conform to the following:
1, It shall contain a statement that the landlord intends to
terminate the tenancY; and
2. It shall contain the date the landlord intends to
terminate the tenancY.
Chapter 7O.O3 relating to
Resi denti a I La n d I o rd -Tena nt
Regulations
3
c. The notice required of RCW 59.18.200(1xa) may be issued
contemporaneously with the notice required of this section.
D. The notice required of this subsection may be rescinded in
writing by the landlord at any time, In the event the notice is rescinded, the
landlord shall, for any future termination, be required to comply with the
time-period set forth in subsection A as if the previous notice was not
issued.
E. The 40-day time period required of subsection A of this section
may be waived by mutual agreement of the landlord and tenant; provided,
the waiver must be in writing and may only be waived at the time of
issuance required of this section or thereafter. The waiver permitted in th.is
subsection shall not be a condition of any written or verbal rental
arrangement.
F. Nothing set forth in this section shall relieve the landlord or
tenant of any responsibility or requirement set forth in Title 59 RCW.
SECTION 2. - Severabitity. If any one or more section, subsection,
or sentence of this ordinance is held to be unconstitutional or invalid, such
decision shall not affect the validity of the remaining portion of this ordinance
and the same shall remain in full force and effect.
SECTION 3. - Effective Date. This ordinance shall take effect and be
in force starting August L,2O2I, which is more than 30 days from and after
its passage,
Chapter 7O.Og relating to
Resi denti a I La nd I ord'Ten a nt
Regulations
4
DANA
ATTEST:
Q,,
KIMBERLEY A MOTO, CITY CLERK
Aoril 6. 202L
Date Approved
Aoril 6. 2O2L
Date Adopted
Aoril 9. 202t
Date Published
APPROVED AS TO FORM:
CH NA SCHUCK, ASSISTANT CIry ATTORNEY
for ARTHUR "PAT" FITZPATRICK, CITY ATTORNEY
5 Chapter 7O'O3 relating to
Resi dentia I La nd lord -Tena nt
Regulations
CtwL
STATE OF WASHINGTON, COUNTY OF KING }
AFFIDAVIT OF PUBLICATION
PUBLIC NOTICE
Rudi Alcott, being first duly sworn on oath that he is the
Vice President of Advertising for Sound Publishing,
which publishes the
Kent Reporter
a weekly newspaper, which newspaper is a legal newspaper of general
circulation and is now and has been for more than six months prior to the date
of publication hereinafter referred to, published in the English language
continuously as a weekly newspapel in King Counry Washington. The
Kent- Covington Reporier has been approved as a Legal Newspaper by order of
the Superior Court of the State of Washington for King County'
The notice in the exact form annexed was published in regular issues of
the Kent- Covington Reportel (and not in supplement form) which was regularly
distributed to its subscribers during the below stated period. The annexed
notice, a:
Public Notice #KENe234s3
was published on APril9,202L
The iull amount of the fee charged for said foregoing publication is the
sum of
RudiAlcott
Vice President, Advertising
Subscribed and sworn to me this 9fr ay of Aprilr202L.
otary for the State of Washington, Residing in
Washington
Tri
llr
t.;
$xt3
ry1fiTA:?).
FUNLiT
)tlli
Classified Proof
CITY OF KENT
NOTICE OF
ORDINANCE
PASSED BY THE
CITY COUNCIL
Tho following is a sum-
marv of an ordinance
oas6ed bv {he Kent CifY
bouncil oir APril 6, 2021
ORDINANCE NO,4399
- AN ORDINANCE ofthe
CitV Council of the CitY
of' Kent, \^bshington'
amending the Kent CitY
Code to create a new
Chaoter 10.03 relating to
Residential Landlord-
Tenant Regulations, and
reouirino a landlord to
orovide-a written Warn-
ing of lntent to Termi-
nate Tenancy no less
than 40 days Prior to the
issuance of the 2&daY
notice of iermination of a
monlh to month or Peri-
od to Deriod tenancy re-quired of RCW
59.1 9.200(1 )(a).
This ordinance shall take
effect aod be in torce
startino Auqust 1, 2021'
which-is riore lhan 30
days from and after its
passage.
A coDV of the complele
text df'anv ordinance will
be maibd upon request
of the CiW Clerk.
Kimberley A. Komoto'
Citv Clerk
Kkirrnoio@KentWA.gov
253456-5725
ffi23483
419t21
Proofed by Jennifer Tribbett, 03130/2021 01: l6:10 pm
Page:2