HB 1388 Protecting Tenants By Prohibiting Predatory Residential Rent Practices...

Posted By: Daniel Bannon 2023 Legislative Session,

HB 1388

Protecting tenants by prohibiting predatory residential rent practices and by applying the consumer protection act to the residential landlord-tenant act and the manufactured/mobile home landlord-tenant act.

Bill Summary

  • Applies to both residential housing and manufactured home communities.
  • Prohibits a landlord from increasing rent more than the rate of inflation (CPI-U) or 3%, whichever is greater, up to a maximum or 7% above existing rent if the rent increase:
    • Is not justified by costs necessary to maintain the dwelling unit
    • Is substantially likely to lead to the displacement of the tenant, or
    • Is used to avoid other tenant protections.
  • Rent increase provisions do not apply to:
    • Dwelling units for which the first certificate of occupancy was issued 10 or less years before the notice of the rent increase.
    • Tenancies for which the landlord is required to reduce rent to 30% or less of the tenant's income because of a federal, state, or local program or subsidy; and
  • Creates a private cause of action for a tenant to recover actual damages, punitive damages equal to 3 months' rent and fees, and reasonable attorneys' fees and costs.
  • Provides that a violation of the RLTA or MHLTA is a violation of the Consumer Protection Act.
  • Prohibits charging a higher rent or including terms of payment or other material conditions in a rental agreement that are more burdensome to a tenant for a month-to-month rental agreement than for a longer-term rental agreement.
  • Authorizes the Attorney General (AG) to:
    • Investigate practices that violate this section. When investigating, the AG may consider, in addition to any other relevant information:
      • The condition of the dwelling unit, including outstanding repair issues, maintenance costs other than for upgrades, property taxes, etc.;
      • Whether a rent increase was issued to evade protections afforded to tenants; and
      • Whether a rent increase will result in the displacement of the tenant or household.
    • Issue a cease-and-desist letter to prevent predatory practices that violate this section. If the recipient does not comply within five calendar days, the AG may file an action in court with a civil penalty up to $10,000 per ;
    • Imposes a civil penalty of no more than $25,000 per violation.
  • Requires Commerce to calculate and publish the maximum annual rent increase percentage on September 30, 2023, and on each following September 30th.
  • Includes an emergency clause and an immediate effective date.

Bill History


Macri, Ramel, Peterson, Thai, Gregerson, Hackney, Ormsby, Alvarado, Doglio, Cortes, Riccelli, Mena, Kloba, Bateman, Fitzgibbon, Street, Taylor, Lekanoff, Simmons, Farivar, Pollet, Stonier, Berry, Reed, Bergquist, Morgan, Davis, Santos, Chopp, Reeves, Stearns, Fosse


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