Local Rental Housing Regulation Watch - January 2025
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SPOKANE
Overview
The Spokane City Council has passed the rental registry ordinance (C36576). This ordinance introduces additional registration requirements and imposes new restrictions on providers who are not fully registered or licensed with the city, including the inability to evict or raise rent for any unit, not on the rental registry. Over half of all rental units in the City of Spokane are not on the registry. This legislation raises concerns about its effect on both housing providers and tenants, particularly in relation to costs, safety, and legal liability. Council Members Cathcart and Bingle voted against the ordinance, expressing concerns about its negative impacts and lack of outreach done by the City of Spokane Code Enforcement.
RHAWA’s Response and Next Steps
RHAWA has been actively involved in opposing this ordinance. Executive Director Sean Flynn testified before the City Council, stating that RHAWA intends to litigate if the ordinance is passed. Following the passage of the ordinance, Sean Flynn was interviewed by several Spokane media outlets, where he restated RHAWA's intention to move forward with legal action. These news articles can be found on RHAWA's website under the Press Page of the Media section.
A formal letter, authored by RHAWA Legal Counsel Christopher Benis of First Avenue Law Group, was submitted to the City Council, outlining conflicts between the ordinance and the Residential Landlord-Tenant Act (RCW). Additionally, several Spokane-based attorneys have provided their opinions, which overwhelmingly state that the ordinance is in conflict with state law.
RHAWA has also been working with the Spokane Real Estate Coalition, which it chairs, to coordinate with partner organizations and industry associations in opposition to this ordinance. Both RHAWA Staff Daniel Klemme and RHAWA Regent Steve Corker have submitted testimony to the Spokane City Council to highlight the ordinance’s problematic provisions.
Key Concerns with the Ordinance
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Removal of Unit Fee Exemption for Below-Market Rentals:
Small providers offering affordable rentals not tied to federal or local programs will now lose their fee exemptions, increasing their operating costs and further reducing housing options for lower-income tenants. -
Restrictions on Rent Increases and Evictions:
The ordinance prevents rental providers from increasing rent or evicting tenants if their properties are not fully registered or licensed. This could leave providers unable to act in situations of tenant misconduct or dangerous activities, putting other tenants and the surrounding community at risk. -
Safety and Liability Risks:
The ordinance conflicts with RCW 59.12.030(5), which permits housing providers to evict tenants involved in illegal activities. If providers are unable to act because they are not fully registered, they face increased legal liability, as seen in the Brady vs. Whitewater Creek case, which highlights the risks of not addressing known dangers. -
Delays in Addressing Domestic Violence Situations:
Under RCW 59.18.585, landlords are required to remove abusers following a court order. However, the ordinance’s registration requirements could delay these critical actions, putting domestic violence victims in harm's way.
Call to Action for RHAWA Members
RHAWA remains committed to advocating for the interests of housing providers and protecting their rights in the face of legislation that could create unintended consequences for the rental housing industry and the broader Spokane community. We are counting on our members' involvement to help fight against ordinances like this one. Please consider contributing to our Legal Defense Fund, which is a crucial tool in fighting bad legislation and local ordinances that directly impact your businesses and property rights. Your support will enable RHAWA to move forward with legal action and continue our advocacy efforts.
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EVERETT
At a recent Health and Human Services Committee meeting in Everett, the committee discussed an ordinance to adopt a list of new rental housing regulations. The ordinance would include:
• A registry and inspection ordinance possibly even on short-term rentals.
• Information packet distribution guidelines including resources when an eviction notice is served.
• 120-day notice for a housing provider to notify a tenant of intent to NOT renew a lease.
• 120-day notice on any rent increases over 3%.
• 180-day notice for any increase over 10%.
• Housing providers MUST offer a repayment plan and attempt some mediation before serving an eviction notice.
• Spread out move-in and security deposit fees over a 6-month period; may not exceed one month’s rent.
• 1.5% limit on late fees.
• Housing providers cannot require a social security number for application and screening.
At the conclusion of their discussion, the committee motioned to table this proposed ordinance until after the state legislative session has taken place to see if a similar bill package is passed statewide. We will continue tracking this Everett proposal as it moves forward.
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PASCO
Pasco has had a rental licensing and inspection program since 1997, and recently this program has come up during the city’s budget season. In a city council meeting near the end of November, the council discussed many items that are NOT included in the 2025-2026 proposed budget. One of those items listed was “Significant changes to rental licensing and inspections program anticipated”. To further follow up, the council had a work session on December 9th to discuss some possible relaxation of the inspection ordinance. Something proposed is if a property passes two consecutive inspections, the property will not require inspection again for six years. Another aspect of this would be to create a list of approved third-party inspectors so housing providers are not required to use a city inspector. We will continue to follow this as it works through the Pasco City Council.
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VANCOUVER
RHAWA has been participating in the Rental Habitability stakeholder group in Vancouver over the last few months. The group is going over a number of proposed policies that may go before the city council after the stakeholder period has concluded.
• Rental Registration License in addition to a city business license which would be $30 a year per unit. The proposals say these fees would help fund city support for rental housing.
• Rental Inspections which would vary in time between inspections based on the age of the unit.
• The City of Vancouver would provide an annual report documenting results from the proposed programs including the number of units registered and inspected as well as revenue and expenses.
• Fees collected would also go towards tenant and housing provider education on all new policies and procedures.
The completed stakeholder group write-up will be presented to the Vancouver City Council sometime in the late fall.
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WOODINVILLE
RHAWA testified at a recent city council meeting in opposition to a now-adopted ordinance heard before the Woodinville City Council. The ordinance contained many of the provisions we have seen adopted in a majority of cities in King County which were developed by A Regional Coalition for Housing (ARCH) including:
Rent Increase Notice
• Requiring housing providers to provide a minimum of 120 days' written notice of rent increases greater than 3%, and 180 days' written notice for increases greater than 10%.
Limits on Move-In Fees
• Establishing a cap on move-in fees and the security deposit of no more than one month's rent.
• Tenants may choose to pay move-in fee and security deposit in six equal monthly payments over the first six months of tenancy.
SSN Requirement Ban
• Prohibits a housing provider from requiring a SSN for the purposes of screening an applicant.
Extended Non-Renewal Notice
• Requires housing providers to provide 120 days' notice of intent to not renew any rental agreement with a fixed term of six months or longer.
Notice of Rights
• Requires housing providers to provide tenants with a 'concise and accurate' summary of tenants' rights under Woodinville law.
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BOTHELL
The City of Bothell is currently in the process of studying the impact of rental housing regulations that have spread across King County, and it is likely their city council will discuss an ordinance on these regulations in the coming months. In December, the city council hosted various focus groups for both tenants and housing providers to gather feedback on these proposed policies. RHAWA participated in these focus groups in order to communicate the harmful impact these policies have had on housing providers and tenants alike. The policies the city is studying include:
• Extended rent increase notices
• Move-in and late fee caps
• Just cause eviction
• Adjustable rent due date
• SSN requirement ban
• Tenant private right of action
As with all of the aforementioned cities, RHAWA will continue to monitor these developments, advocate on your behalf, and provide you with relevant information to share your feedback. Please reach out to our advocacy team at advocacy@RHAwa.org if you have input or questions.
Formal legal advice and review is recommended prior to selection and use of this information. RHAWA does not represent your selection or execution of this information as appropriate for your specific circumstance. The material contained and represented herein, although obtained from reliable sources, is not considered legal advice or to be used as a substitution for legal counsel.