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HomeMy WebLinkAbout4405ORDINANCE NO. 44fJ5 AN ORDINANCE of the City Council of the City of Kent, Washington, repealing Chapter 10'03 of the Kent City Code entitled, "Residential Landlord Tenant Regulations." RECITALS A. On April 6, 202L, the City Council adopted Ordinance 4399, which established a new Chapter 10.03 of the Kent City Code. B. Chapter 10.03 KCC 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 the Landlord Tenant Act (RCW 59.18.200(tXa)) for the issuance of what was then a 20-day notice of termination. A violation of the ordinance provides the tenant with an affirmative defense to eviction. C. The ordinance was passed by the Council because the short 20- day notice period in then-existing state law had the potential to result in the vacating tenant's inability to find alternative housing, especially when occupancy rates were high and housing was difficult to find' Repealing ChaPter 7O.O3 ^ Residential Landlord Teiant Regulations 1 D, Subsequent to the council's passage of ordinance 4399, the Washington State Legislature amended the Landlord Tenant Act and eliminated a landlord's ability to terminate a month-to-month lease without just cause. E. Engrossed Substitute House Bill 1236 had two major impacts on Kent's ordinance: (1) the Zo-day timeline in state law that formed the basis for Kent's Chapter 10.03 was eliminated, making the ordinance ineffective; and (2) the City's ordinance is now in conflict with state law, because the just cause requirements of ESHB L236 establish timelines that are, in some cases, longer than the total 60 days provided for by Kent's ordinance. As a result of these impacts, Kent's ordinance cannot be enforced and repeal of Chapter 10.03 KCC is appropriate. NOW, THEREFORE, THE CITY COUNCIL OF THE CIry OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE $EOTION 7, - Chaoter 7O.O3 Repealed. chapter 10.03 of the Kent City Code, entitled "Landlord-Tenant Regulations" is hereby repealed in its entirety. SECTION 2. - Severability. 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 thirty days from and after its passage, as provided by law. Repealing ChaPter 7O.O3 Residential Landlord Tenant Regulations 2 DANA RALPH, MAYOR ATTEST: 0 KIMBERLEY A MOTO, CITY RK APPROVED AS RM AT FITZPATRICK, CIry EY June L,202L Date Approved June 1, 2021 Date Adopted June 4,2O2L Date Published Repealing Chaqter 7O.O3 Residential Landlord Tenant Regulations 3 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 newspaper in King County Washington. The Kent- Covington Reporter 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 Repolter (and not in supplement form) which was regularly distibuted to its subscribers during the below stated period. The annexed notice, a: Public Notice #KENe28e73 was published on June 4 2021 The full amount of the fee charged for said foregoing publication is the sum of $ RudiAlcott Vice President, Advertising Subscribed and sworn to me this 4h day of June, 202L . Tri Public for the State of Washington,Residing in g; Washington Op Iitl Classified Proof C]TYOF KENT NOTICE OF ORDINANCES PASSED BY THE CITY COUNCIL The following is a sum- mary of an ordinance passed by the Kent City Council on June 1 , 2021. ORDINANCE NO. 4405 -AN ORDINANCE ofthe Gitv Council of the City of kent, Washington, re- pealing Chapter 10.03 ol lhe Kent City Code enti- tled, "Residential Land-lord Tenanl Reguh- tions." This ordinance shall take effect and be in torce 30 days from and after ils passage, as provided by law. A copy ot the complete text of any ordinance will be rnailed upon request of the City Clerk. Kimberley A. Komoto, City Clerk Kkormto@KenlWA.gw 2$A56-5725 *928973 6t4n1 Proofed by Jennifer Tribbett, 0610112021 l0:03:14 am Page:2