CERTIFICATION OF ENROLLMENT
ENGROSSED SUBSTITUTE HOUSE BILL 1236
Chapter 212, Laws of 2021
67th Legislature
2021 Regular Session
RESIDENTIAL TENANCIES—VARIOUS PROVISIONS
EFFECTIVE DATE: May 10, 2021
Passed by the House April 13, 2021 CERTIFICATE
Yeas 54 Nays 44
I, Bernard Dean, Chief Clerk of the
House of Representatives of the
LAURIE JINKINS State of Washington, do hereby
Speaker of the House of certify that the attached is
Representatives ENGROSSED SUBSTITUTE HOUSE BILL
1236 as passed by the House of
Representatives and the Senate on
the dates hereon set forth.
Passed by the Senate April 8, 2021
Yeas 28 Nays 21
BERNARD DEAN
DENNY HECK Chief Clerk
President of the Senate
Approved May 10, 2021 3:08 PM FILED
May 10, 2021
Secretary of State
JAY INSLEE State of Washington
Governor of the State of Washington
 ENGROSSED SUBSTITUTE HOUSE BILL 1236
AS AMENDED BY THE SENATE
Passed Legislature - 2021 Regular Session
State of Washington 67th Legislature 2021 Regular Session
By House Housing, Human Services & Veterans (originally sponsored by
Representatives Macri, Taylor, Dolan, Gregerson, Berry, Fitzgibbon,
Frame, Simmons, Ramel, Bateman, J. Johnson, Hackney, Chopp, Thai,
Peterson, Santos, Orwall, Ortiz-Self, Ryu, Wicks, Lekanoff, Slatter,
Berg, Senn, Harris-Talley, Ormsby, and Pollet)
READ FIRST TIME 02/09/21.
1 AN ACT Relating to protecting residential tenants from the
2 beginning to end of their tenancies by penalizing the inclusion of
3 unlawful lease provisions and limiting the reasons for eviction,
4 refusal to continue, and termination; amending RCW 59.18.220 and
5 59.12.030; reenacting and amending RCW 59.18.030, 59.18.200, and
6 59.18.230; adding a new section to chapter 59.18 RCW; prescribing
7 penalties; and declaring an emergency.
8 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
9 Sec. 1. RCW 59.18.030 and 2019 c 356 s 5, 2019 c 232 s 24, and
10 2019 c 23 s 1 are each reenacted and amended to read as follows:
11 As used in this chapter:
12 (1) "Active duty" means service authorized by the president of
13 the United States, the secretary of defense, or the governor for a
14 period of more than ((thirty)) 30 consecutive days.
15 (2) "Certificate of inspection" means an unsworn statement,
16 declaration, verification, or certificate made in accordance with the
17 requirements of chapter 5.50 RCW by a qualified inspector that states
18 that the landlord has not failed to fulfill any substantial
19 obligation imposed under RCW 59.18.060 that endangers or impairs the
20 health or safety of a tenant, including (a) structural members that
21 are of insufficient size or strength to carry imposed loads with
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 1 safety, (b) exposure of the occupants to the weather, (c) plumbing
2 and sanitation defects that directly expose the occupants to the risk
3 of illness or injury, (d) not providing facilities adequate to supply
4 heat and water and hot water as reasonably required by the tenant,
5 (e) providing heating or ventilation systems that are not functional
6 or are hazardous, (f) defective, hazardous, or missing electrical
7 wiring or electrical service, (g) defective or hazardous exits that
8 increase the risk of injury to occupants, and (h) conditions that
9 increase the risk of fire.
10 (3) "Commercially reasonable manner," with respect to a sale of a
11 deceased tenant's personal property, means a sale where every aspect
12 of the sale, including the method, manner, time, place, and other
13 terms, must be commercially reasonable. If commercially reasonable, a
14 landlord may sell the tenant's property by public or private
15 proceedings, by one or more contracts, as a unit or in parcels, and
16 at any time and place and on any terms.
17 (4) "Comprehensive reusable tenant screening report" means a
18 tenant screening report prepared by a consumer reporting agency at
19 the direction of and paid for by the prospective tenant and made
20 available directly to a prospective landlord at no charge, which
21 contains all of the following: (a) A consumer credit report prepared
22 by a consumer reporting agency within the past ((thirty)) 30 days;
23 (b) the prospective tenant's criminal history; (c) the prospective
24 tenant's eviction history; (d) an employment verification; and (e)
25 the prospective tenant's address and rental history.
26 (5) "Criminal history" means a report containing or summarizing
27 (a) the prospective tenant's criminal convictions and pending cases,
28 the final disposition of which antedates the report by no more than
29 seven years, and (b) the results of a sex offender registry and
30 United States department of the treasury's office of foreign assets
31 control search, all based on at least seven years of address history
32 and alias information provided by the prospective tenant or available
33 in the consumer credit report.
34 (6) "Designated person" means a person designated by the tenant
35 under RCW 59.18.590.
36 (7) "Distressed home" has the same meaning as in RCW 61.34.020.
37 (8) "Distressed home conveyance" has the same meaning as in RCW
38 61.34.020.
39 (9) "Distressed home purchaser" has the same meaning as in RCW
40 61.34.020.
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 1 (10) "Dwelling unit" is a structure or that part of a structure
2 which is used as a home, residence, or sleeping place by one person
3 or by two or more persons maintaining a common household, including
4 but not limited to single-family residences and units of multiplexes,
5 apartment buildings, and mobile homes.
6 (11) "Eviction history" means a report containing or summarizing
7 the contents of any records of unlawful detainer actions concerning
8 the prospective tenant that are reportable in accordance with state
9 law, are lawful for landlords to consider, and are obtained after a
10 search based on at least seven years of address history and alias
11 information provided by the prospective tenant or available in the
12 consumer credit report.
13 (12) "Gang" means a group that: (a) Consists of three or more
14 persons; (b) has identifiable leadership or an identifiable name,
15 sign, or symbol; and (c) on an ongoing basis, regularly conspires and
16 acts in concert mainly for criminal purposes.
17 (13) "Gang-related activity" means any activity that occurs
18 within the gang or advances a gang purpose.
19 (14) "In danger of foreclosure" means any of the following:
20 (a) The homeowner has defaulted on the mortgage and, under the
21 terms of the mortgage, the mortgagee has the right to accelerate full
22 payment of the mortgage and repossess, sell, or cause to be sold the
23 property;
24 (b) The homeowner is at least ((thirty)) 30 days delinquent on
25 any loan that is secured by the property; or
26 (c) The homeowner has a good faith belief that he or she is
27 likely to default on the mortgage within the upcoming four months due
28 to a lack of funds, and the homeowner has reported this belief to:
29 (i) The mortgagee;
30 (ii) A person licensed or required to be licensed under chapter
31 19.134 RCW;
32 (iii) A person licensed or required to be licensed under chapter
33 19.146 RCW;
34 (iv) A person licensed or required to be licensed under chapter
35 18.85 RCW;
36 (v) An attorney-at-law;
37 (vi) A mortgage counselor or other credit counselor licensed or
38 certified by any federal, state, or local agency; or
39 (vii) Any other party to a distressed property conveyance.
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 1 (15) "Landlord" means the owner, lessor, or sublessor of the
2 dwelling unit or the property of which it is a part, and in addition
3 means any person designated as representative of the owner, lessor,
4 or sublessor including, but not limited to, an agent, a resident
5 manager, or a designated property manager.
6 (16) "Mortgage" is used in the general sense and includes all
7 instruments, including deeds of trust, that are used to secure an
8 obligation by an interest in real property.
9 (17) "Orders" means written official military orders, or any
10 written notification, certification, or verification from the service
11 member's commanding officer, with respect to the service member's
12 current or future military status.
13 (18) "Owner" means one or more persons, jointly or severally, in
14 whom is vested:
15 (a) All or any part of the legal title to property; or
16 (b) All or part of the beneficial ownership, and a right to
17 present use and enjoyment of the property.
18 (19) "Permanent change of station" means: (a) Transfer to a unit
19 located at another port or duty station; (b) change in a unit's home
20 port or permanent duty station; (c) call to active duty for a period
21 not less than ((ninety)) 90 days; (d) separation; or (e) retirement.
22 (20) "Person" means an individual, group of individuals,
23 corporation, government, or governmental agency, business trust,
24 estate, trust, partnership, or association, two or more persons
25 having a joint or common interest, or any other legal or commercial
26 entity.
27 (21) "Premises" means a dwelling unit, appurtenances thereto,
28 grounds, and facilities held out for the use of tenants generally and
29 any other area or facility which is held out for use by the tenant.
30 (22) "Property" or "rental property" means all dwelling units on
31 a contiguous quantity of land managed by the same landlord as a
32 single, rental complex.
33 (23) "Prospective landlord" means a landlord or a person who
34 advertises, solicits, offers, or otherwise holds a dwelling unit out
35 as available for rent.
36 (24) "Prospective tenant" means a tenant or a person who has
37 applied for residential housing that is governed under this chapter.
38 (25) "Qualified inspector" means a United States department of
39 housing and urban development certified inspector; a Washington state
40 licensed home inspector; an American society of home inspectors
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 1 certified inspector; a private inspector certified by the national
2 association of housing and redevelopment officials, the American
3 association of code enforcement, or other comparable professional
4 association as approved by the local municipality; a municipal code
5 enforcement officer; a Washington licensed structural engineer; or a
6 Washington licensed architect.
7 (26) "Reasonable attorneys' fees," where authorized in this
8 chapter, means an amount to be determined including the following
9 factors: The time and labor required, the novelty and difficulty of
10 the questions involved, the skill requisite to perform the legal
11 service properly, the fee customarily charged in the locality for
12 similar legal services, the amount involved and the results obtained,
13 and the experience, reputation and ability of the lawyer or lawyers
14 performing the services.
15 (27) "Reasonable manner," with respect to disposing of a deceased
16 tenant's personal property, means to dispose of the property by
17 donation to a not-for-profit charitable organization, by removal of
18 the property by a trash hauler or recycler, or by any other method
19 that is reasonable under the circumstances.
20 (28) "Rent" or "rental amount" means recurring and periodic
21 charges identified in the rental agreement for the use and occupancy
22 of the premises, which may include charges for utilities. Except as
23 provided in RCW 59.18.283(3), these terms do not include nonrecurring
24 charges for costs incurred due to late payment, damages, deposits,
25 legal costs, or other fees, including attorneys' fees.
26 (29) "Rental agreement" or "lease" means all agreements which
27 establish or modify the terms, conditions, rules, regulations, or any
28 other provisions concerning the use and occupancy of a dwelling unit.
29 (30) "Service member" means an active member of the United States
30 armed forces, a member of a military reserve component, or a member
31 of the national guard who is either stationed in or a resident of
32 Washington state.
33 (31) A "single-family residence" is a structure maintained and
34 used as a single dwelling unit. Notwithstanding that a dwelling unit
35 shares one or more walls with another dwelling unit, it shall be
36 deemed a single-family residence if it has direct access to a street
37 and shares neither heating facilities nor hot water equipment, nor
38 any other essential facility or service, with any other dwelling
39 unit.
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 1 (32) A "tenant" is any person who is entitled to occupy a
2 dwelling unit primarily for living or dwelling purposes under a
3 rental agreement.
4 (33) "Tenant representative" means:
5 (a) A personal representative of a deceased tenant's estate if
6 known to the landlord;
7 (b) If the landlord has no knowledge that a personal
8 representative has been appointed for the deceased tenant's estate, a
9 person claiming to be a successor of the deceased tenant who has
10 provided the landlord with proof of death and an affidavit made by
11 the person that meets the requirements of RCW 11.62.010(2);
12 (c) In the absence of a personal representative under (a) of this
13 subsection or a person claiming to be a successor under (b) of this
14 subsection, a designated person; or
15 (d) In the absence of a personal representative under (a) of this
16 subsection, a person claiming to be a successor under (b) of this
17 subsection, or a designated person under (c) of this subsection, any
18 person who provides the landlord with reasonable evidence that he or
19 she is a successor of the deceased tenant as defined in RCW
20 11.62.005. The landlord has no obligation to identify all of the
21 deceased tenant's successors.
22 (34) "Tenant screening" means using a consumer report or other
23 information about a prospective tenant in deciding whether to make or
24 accept an offer for residential rental property to or from a
25 prospective tenant.
26 (35) "Tenant screening report" means a consumer report as defined
27 in RCW 19.182.010 and any other information collected by a tenant
28 screening service.
29 (36) "Immediate family" includes state registered domestic
30 partner, spouse, parents, grandparents, children, including foster
31 children, siblings, and in-laws.
32 (37) "Subsidized housing" refers to rental housing for very low-
33 income or low-income households that is a dwelling unit operated
34 directly by a public housing authority or its affiliate, or that is
35 insured, financed, or assisted in whole or in part through one of the
36 following sources:
37 (a) A federal program or state housing program administered by
38 the department of commerce or the Washington state housing finance
39 commission;
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 1 (b) A federal housing program administered by a city or county
2 government;
3 (c) An affordable housing levy authorized under RCW 84.52.105; or
4 (d) The surcharges authorized in RCW 36.22.178 and 36.22.179 and
5 any of the surcharges authorized in chapter 43.185C RCW.
6 (38) "Transitional housing" means housing units owned, operated,
7 or managed by a nonprofit organization or governmental entity in
8 which supportive services are provided to individuals and families
9 that were formerly homeless, with the intent to stabilize them and
10 move them to permanent housing within a period of not more than
11 twenty-four months, or longer if the program is limited to tenants
12 within a specified age range or the program is intended for tenants
13 in need of time to complete and transition from educational or
14 training or service programs.
15 NEW SECTION. Sec. 2. A new section is added to chapter 59.18
16 RCW to read as follows:
17 (1)(a) A landlord may not evict a tenant, refuse to continue a
18 tenancy, or end a periodic tenancy except for the causes enumerated
19 in subsection (2) of this section and as otherwise provided in this
20 subsection.
21 (b) If a landlord and tenant enter into a rental agreement that
22 provides for the tenancy to continue for an indefinite period on a
23 month-to-month or periodic basis after the agreement expires, the
24 landlord may not end the tenancy except for the causes enumerated in
25 subsection (2) of this section; however, a landlord may end such a
26 tenancy at the end of the initial period of the rental agreement
27 without cause only if:
28 (i) At the ince