CERTIFICATION OF ENROLLMENT
SUBSTITUTE HOUSE BILL 1593
Chapter 196, Laws of 2022
67th Legislature
2022 Regular Session
LANDLORD MITIGATION PROGRAM—CLAIMS FOR DAMAGE—CERTAIN TENANT-VICTIMS
EFFECTIVE DATE: June 9, 2022—Except for section 5, which takes
effect July 1, 2022.
Passed by the House February 8, 2022 CERTIFICATE
Yeas 96 Nays 0
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 SUBSTITUTE HOUSE BILL 1593 as
passed by the House of
Representatives and the Senate on
the dates hereon set forth.
Passed by the Senate March 4, 2022
Yeas 48 Nays 0
BERNARD DEAN
DENNY HECK Chief Clerk
President of the Senate
Approved March 30, 2022 2:14 PM FILED
March 31, 2022
Secretary of State
JAY INSLEE State of Washington
Governor of the State of Washington
 SUBSTITUTE HOUSE BILL 1593
Passed Legislature - 2022 Regular Session
State of Washington 67th Legislature 2022 Regular Session
By House Housing, Human Services & Veterans (originally sponsored by
Representatives Leavitt, Riccelli, Ryu, Taylor, Shewmake, Chopp,
Wylie, Fitzgibbon, Caldier, Wicks, Barkis, Simmons, Duerr, Ramel,
Eslick, Graham, Valdez, Gregerson, Bateman, Bronoske, Davis, Fey,
Gilday, Macri, Peterson, Rule, Santos, Slatter, Bergquist, Tharinger,
Kloba, Pollet, Griffey, Dolan, Ormsby, Chambers, Young, Hackney, and
Frame)
READ FIRST TIME 01/25/22.
1 AN ACT Relating to expanding the landlord mitigation program to
2 alleviate the financial burden on victims attempting to flee domestic
3 violence, sexual assault, unlawful harassment, or stalking; amending
4 RCW 43.31.605, 59.18.280, 59.18.575, 59.18.575, and 43.31.615;
5 creating a new section; providing an effective date; and providing an
6 expiration date.
7 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
8 NEW SECTION. Sec. 1. The legislature finds that domestic
9 violence, sexual assault, unlawful harassment, and stalking are acts
10 of violence that have devastating effects upon individual victims,
11 their children, their communities, and the state as a whole. These
12 acts of violence threaten the housing stability of many residents of
13 this state. Victims of these violent acts may be forced to remain in
14 unsafe and abusive situations because they do not have the financial
15 wherewithal to obtain alternate housing. It is the long-standing
16 practice of the state to provide rental assistance to its residents
17 in a variety of urgent situations. By this act, the legislature
18 intends to increase safety for victims of domestic violence, sexual
19 assault, unlawful harassment, and stalking by removing some of the
20 financial barriers to safely obtaining alternate housing and thereby
21 contribute to the general welfare of the state.
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 1 Sec. 2. RCW 43.31.605 and 2021 c 115 s 5 are each amended to
2 read as follows:
3 (1)(((a))) Subject to the availability of funds for this purpose,
4 the landlord mitigation program is created and administered by the
5 department. The department shall have such rule-making authority as
6 the department deems necessary to administer the program.
7 (((b) The following types of claims related to landlord
8 mitigation for)) The following types of claims related to landlord
9 mitigation are eligible for reimbursement from the landlord
10 mitigation program account:
11 (a) Claims relating to renting private market rental units to
12 low-income tenants using a housing subsidy program ((are eligible for
13 reimbursement from the landlord mitigation program account)) for:
14 (i) Up to one thousand dollars for improvements identified in RCW
15 59.18.255(1)(a). In order to be eligible for reimbursement under this
16 subsection (1)(((b))) (a)(i), the landlord must pay for the first
17 five hundred dollars for improvements, and rent to the tenant whose
18 housing subsidy program was conditioned on the real property passing
19 inspection. Reimbursement under this subsection (1)(((b))) (a)(i) may
20 also include up to fourteen days of lost rental income from the date
21 of offer of housing to the applicant whose housing subsidy program
22 was conditioned on the real property passing inspection until move in
23 by that applicant;
24 (ii) Reimbursement for damages as reflected in a judgment
25 obtained against the tenant through either an unlawful detainer
26 proceeding, or through a civil action in a court of competent
27 jurisdiction after a hearing;
28 (iii) Reimbursement for damages established pursuant to
29 subsection (2) of this section; and
30 (iv) Reimbursement for unpaid rent and unpaid utilities, provided
31 that the landlord can evidence it to the department's satisfaction.
32 (((c))) (b) Claims related to landlord mitigation for an unpaid
33 judgment for rent, unpaid judgments resulting from the tenant's
34 failure to comply with an installment payment agreement identified in
35 RCW 59.18.610, late fees, attorneys' fees, and costs after a court
36 order pursuant to RCW 59.18.410(3), including any unpaid portion of
37 the judgment after the tenant defaults on the payment plan pursuant
38 to RCW 59.18.410(3)(c), are eligible for reimbursement from the
39 landlord mitigation program account and are exempt from any
40 postjudgment interest required under RCW 4.56.110. Any claim for
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 1 reimbursement made pursuant to RCW 59.18.410(3)(e)(ii) must be
2 accompanied by a court order staying the writ of restitution pursuant
3 to RCW 59.18.410(3). Any claim for reimbursement under this
4 subsection (1)(((c))) (b) is not an entitlement.
5 (i) The department shall provide for a form on its website for
6 tenants and landlords to apply for reimbursement funds for the
7 landlord pursuant to this subsection (1)(((c))) (b).
8 (ii) The form must include: (A) Space for the landlord and tenant
9 to provide names, mailing addresses, phone numbers, date of birth for
10 the tenant, and any other identifying information necessary for the
11 department to process payment; (B) the landlord's statewide vendor
12 identification number and how to obtain one; (C) name and address to
13 whom payment must be made; (D) the amount of the judgment with
14 instructions to include any other supporting documentation the
15 department may need to process payment; (E) instructions for how the
16 tenant is to reimburse the department under (((c))) (b)(iii) of this
17 subsection; (F) a description of the consequences if the tenant does
18 not reimburse the department as provided in this subsection (1)
19 (((c))) (b); (G) a signature line for the landlord and tenant to
20 confirm that they have read and understood the contents of the form
21 and program; and (H) any other information necessary for the
22 operation of the program. If the tenant has not signed the form after
23 the landlord has made good faith efforts to obtain the tenant's
24 signature, the landlord may solely submit the form but must attest to
25 the amount of money owed and sign the form under penalty of perjury.
26 (iii) When a landlord has been reimbursed pursuant to this
27 subsection (1)(((c))) (b), the tenant for whom payment was made shall
28 reimburse the department by depositing the amount disbursed from the
29 landlord mitigation program account into the court registry of the
30 superior court in which the judgment was entered. The tenant or other
31 interested party may seek an ex parte order of the court under the
32 unlawful detainer action to order such funds to be disbursed by the
33 court. Upon entry of the order, the court clerk shall disburse the
34 funds and include a case number with any payment issued to the
35 department. If directed by the court, a clerk shall issue any
36 payments made by a tenant to the department without further court
37 order.
38 (iv) The department may deny an application made by a tenant who
39 has failed to reimburse the department for prior payments issued
40 pursuant to this subsection (1)(((c))) (b).
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 1 (v) With any disbursement from the account to the landlord, the
2 department shall notify the tenant at the address provided within the
3 application that a disbursement has been made to the landlord on the
4 tenant's behalf and that failure to reimburse the account for the
5 payment through the court registry may result in a denial of a future
6 application to the account pursuant to this subsection (1)(((c)))
7 (b). The department may include any other additional information
8 about how to reimburse the account it deems necessary to fully inform
9 the tenant.
10 (vi) The department's duties with respect to obtaining
11 reimbursement from the tenant to the account are limited to those
12 specified within this subsection (1)(((c))) (b).
13 (vii) If at any time funds do not exist in the landlord
14 mitigation program account to reimburse claims submitted under this
15 subsection (1)(((c))) (b), the department must create and maintain a
16 waitlist and distribute funds in the order the claims are received
17 pursuant to subsection (6) of this section. Payment of any claims on
18 the waitlist shall be made only from the landlord mitigation program
19 account. The department shall not be civilly or criminally liable and
20 may not have any penalty or cause of action of any nature arise
21 against it regarding the provision or lack of provision of funds for
22 reimbursement.
23 (((d))) (c)(i) Claims related to ((landlord mitigation)) unpaid
24 rent for:
25 (A) Up to $15,000 in unpaid rent that accrued between March 1,
26 2020, and six months following the expiration of the eviction
27 moratorium and the tenant being low-income, limited resourced or
28 experiencing hardship, voluntarily vacated or abandoned the tenancy;
29 or
30 (B) Up to $15,000 in remaining unpaid rent if a tenant defaults
31 on a repayment plan entered into under RCW 59.18.630 are eligible for
32 reimbursement from the landlord mitigation program account subject to
33 the program requirements under this section, provided the tenancy has
34 not been terminated at the time of reimbursement.
35 (ii) A landlord is ineligible for reimbursement under this
36 subsection (1)(((d))) (c) where the tenant vacated the tenancy
37 because of an unlawful detainer action under RCW 59.12.030(3).
38 (iii) A landlord in receipt of reimbursement from the program
39 pursuant to this subsection (1)(((d))) (c) is prohibited from:
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 1 (A) Taking legal action against the tenant for damages or any
2 remaining unpaid rent accrued between March 1, 2020, and six months
3 following the expiration of the eviction moratorium attributable to
4 the same tenancy; or
5 (B) Pursuing collection, or authorizing another entity to pursue
6 collection on the landlord's behalf, of a judgment against the tenant
7 for damages or any remaining unpaid rent accrued between March 1,
8 2020, and six months following the expiration of the eviction
9 moratorium attributable to the same tenancy.
10 (d)(i) Claims, up to $5,000, related to landlord mitigation for
11 damages to rental property when:
12 (A) A tenant has terminated a rental agreement pursuant to RCW
13 59.18.575;
14 (B) The property has sustained damage beyond wear resulting from
15 ordinary use of the premises;
16 (C) The landlord has, within the time limits specified in RCW
17 59.18.280, provided the tenant with a full and specific statement;
18 (D) The landlord has, rather than retaining any of the damage
19 deposit, returned the full damage deposit to the tenant; and
20 (E) The landlord has agreed not to proceed against the tenant to
21 recover the balance owed.
22 (ii) Any claim for reimbursement under this subsection (1)(d) is
23 not an entitlement.
24 (iii) If at any time funds do not exist in the landlord
25 mitigation program account to reimburse claims submitted under this
26 subsection (1)(d), the department must create and maintain a waitlist
27 and distribute funds in the order the claims are received pursuant to
28 subsection (6) of this section. Payment of any claims on the waitlist
29 shall be made only from the landlord mitigation program account. The
30 department is not civilly or criminally liable and may not have any
31 penalty or cause of action of any nature arise against it regarding
32 the provision or lack of provision of funds for reimbursement.
33 (iv) The department shall provide for a form on its website for
34 landlords to apply for reimbursement funds for the landlord pursuant
35 to this subsection (1)(d).
36 (v) The department shall provide for the confidentiality of
37 tenants' personal information and shall have such rule-making
38 authority as is necessary to protect the personal information of
39 tenants under this subsection (1)(d).
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 1 (2) In order for a claim under subsection (1)(((b))) (a)(iii) or
2 (d) of this section to be eligible for reimbursement from the
3 landlord mitigation program account, a landlord must:
4 (a) Have ensured that the rental property was inspected at the
5 commencement of the tenancy by both the tenant and the landlord or
6 landlord's agent and that a detailed written move-in property
7 inspection report, as required in RCW 59.18.260, was prepared and
8 signed by both the tenant and the landlord or landlord's agent;
9 (b) Make repairs and then apply for reimbursement to the
10 department;
11 (c) Submit a claim on a form to be determined by the department,
12 signed under penalty of perjury; and
13 (d) Submit to the department copies of the move-in property
14 inspection report specified in (a) of this subsection and supporting
15 materials including, but not limited to, before repair and after
16 repair photographs, videos, copies of repair receipts for labor and
17 materials, and such other documentation or information as the
18 department may request.
19 (3)(a) The department shall make reasonable efforts to review a
20 claim within ten business days from the date it received properly
21 submitted and complete claims to the satisfaction of the department.
22 (b) In reviewing a claim pursuant to subsection (1)(((b))) (a) of
23 this section, and determining eligibility for reimbursement, the
24 department must receive documentation, acceptable to the department
25 in its sole discretion, that the claim involves a private market
26 rental unit rented to a low-income tenant who is using a housing
27 subsidy program.
28 (c) In reviewing a claim pursuant to subsection (1)(d)(i) of this
29 section, and determining eligibility for reimbursement, the
30 department must receive documentation, acceptable to the department
31 in its sole discretion, that the claim involves a tenancy that was
32 terminated pursuant to RCW 59.18.575 and that all of the requirements
33 of subsection (1)(d)(i) of this section have been met.
34 (4) Claims pursuant to subsection (1)(((b))) (a) of this section
35 related to a tenancy must total at least five hundred dollars in
36 order for a claim to be eligible for reimbursement from the program.
37 While claims or damages may exceed five thousand dollars, total
38 reimbursement from the program may not exceed five thousand dollars
39 per tenancy.
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 1 (5) Damages, beyond wear and tear, that are eligible for
2 reimbursement include, but are not limited to: Interior wall gouges
3 and holes; damage to doors and cabinets, including hardware; carpet
4 stains or burns; cracked tiles or hard surfaces; broken windows;
5 damage to household fixtures such as disposal, toilet, sink, sink
6 handle, ceiling fan, and lighting. Other property damages beyond
7 normal wear and tear may also be eligible for reimbursement at the
8 department's discretion.
9 (6) All reimbursements for eligible claims shall be made on a
10 first-come, first-served basis, to the extent of available funds. The
11 department shall use best efforts to notify the tenant of the amount
12 and the reasons for any reimbursements made.
13 (7) The department, in its sole discretion, may inspect the
14 property and the landlord's records related to a claim, including the
15 use of a third-party inspector as needed to investigate fraud, to
16 assist in making its claim review and determination of eligibility.
17 (8) A landlord in receipt of r