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$EOTION 7, - Chaoter 7O.O3 Repealed.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City Code, entitled "Landlord-Tenant Regulations" is hereby repealed in its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