HomeMy WebLinkAboutORD 5881CITY OF RENTON, WASHINGTON
ORDINANCE NO. 5881
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING CHAPTER
6-32 OF THE RENTON MUNICIPAL CODE, EXPANDING FAIR HOUSING
REGULATIONS PROHIBITING PROPERTY OWNERS AND PROPERTY MANAGERS
FROM DISCRIMINATING AGAINST TENANTS OR POTENTIAL TENANTS ON THE
BASIS OF PARTICIPATION IN ANY FEDERAL, STATE OR LOCAL GOVERNMENT,
PRIVATE NONPROFIT, OR OTHER HOUSING ASSISTANCE PROGRAMS, AND
PROVIDING FOR SEVERABILITY AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City of Renton recognizes that discrimination in housing adversely and
seriously affects the health, safety and welfare of the community; and
WHEREAS, there are several government and non-profit organization programs that
assist very low income families, the elderly, veterans, people with disabilities, and others with
financial subsidies that allow them to afford decent, safe, and sanitary housing in the private
market; and
WHEREAS, a significant number of people have difficulty securing adequate rental
housing without financial assistance, and it is essential to ensure that housing is available to those
people; and
WHEREAS, the average cost of renting a housing unit is rapidly rising in the Puget Sound
region, and the number of affordable units is decreasing as rents increase, which, in turn,
disfavors low-income tenants and those receiving financial assistance; and
WHEREAS, when families lose their homes because of income source based
discrimination, they often lack funds to move, risk being unable to find replacement housing close
to their workplace, risk becoming homeless, and risk disruption to their children's education and
social development by being forced to move away from their friends and schools; and
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ORDINANCE NO. 5881
WHEREAS, citywide and countywide planning policies seek to promote fairness in housing
for residents of all abilities, ages, races, and incomes; and
WHEREAS, landlords who participate in these housing assistance programs and accept
lawful, verifiable alternative sources of income are provided a reliable, steady source of rental
income; and
WHEREAS, during its 2018 regular session, the Washington State Legislature passed
Engrossed Second Substitute House Bill 2578 relating to fair housing issues and housing options
on a state-wide basis, and the Renton City Council has determined that amending the Renton
Municipal Code to prohibit landlords from withholding or denying tenants the opportunity to
rent housing, or otherwise discriminate or retaliate solely because the tenant proposes to use
housing subsidies or alternative sources of income will promote the health, safety, and welfare
of the Renton community;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO
ORDAIN AS FOLLOWS:
SECTION I. Chapter 6-32 of the Renton Municipal Code is amended as follows:
CHAPTER 32
FAIR HOUSING REGULATIONS
SECTION:
6-32-1
Income Source Discrimination Prohibited
6-32-2
Definitions
Te L P-heirce Ve-ehers And G-ei*ifir-_;# ';
6 32 2
6-32-3
Applieability eusiRg
Exceptions
6-32-4
Notice
6-32-54
Penalties
6-32-66
Appeals
6-32-76
Civil Remedy
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ORDINANCE NO. 5881
6-32-1 INCOME SOURCE DISCRIMINATION PROHIBITED:
A. Property owners, property managers, landlords, and their agents, who
rent or lease dwelling units shall not based on the source of income of an
otherwise eligible prospective tenant or current tenant:
1. fRefuse to rent or lease any dwelling unit to a prospective tenant or
current tenant, unless the: (i) prospective tenant's or current tenant's source of
income is conditioned on the dwelling unit passing inspection; (ii) written estimate
of the cost of improvements necessary to pass inspection is more than one
thousand five hundred dollars ($1,500); and (iii) the property owner, property
manager, landlord, or their agent has not received moneys from the Washington
Department of Commerce landlord mitigation program account to make the
improvements;
2. Expel a prospective tenant or current tenant from any dwelling unit;
3. Make any distinction, discrimination, or restriction against a
prospective tenant or current tenant in the price, terms, conditions, fees, or
privileges relating to the rental, lease, or occupancy of a dwelling unit or in the
furnishing of any facilities or services in connection with the rental, lease, or
occupancy of a dwelling unit;
4. Attempt to discourage the rental or lease of any dwelling unit to a
prospective tenant or current tenant;
5. Assist, induce, incite, or coerce another person to commit an act or
engage in a practice that violates this Chapter;
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ORDINANCE NO. 5881
6. Coerce, intimidate, threaten, or interfere with any person in the
exercise or enjoyment of, or on account of the person having exercised or enjoyed
or having aided or encouraged any other person in the exercise or enjoyment of,
any right granted or protected under this Chapter;
7. Represent to a person that a dwelling unit is not available for
inspection or rental when the dwelling unit in fact is available for inspection or
rental; or
8. Otherwise make unavailable or deny a dwelling unit to a prospective
tenant or current tenant that, but for his or her source of income, would be eligible
to rent the dwelling unit.
B. Property owners, property managers, landlords, and their agents shall not
publish, circulate, issue, or display, or cause to be published, circulated, issued, or
displayed, any communication, notice, advertisement, or sign of any kind relating
to the rental or lease of a dwelling unit that indicates a preference, limitation, or
requirement based on any source of income.
C. If a property owner, property manager, landlord, or their agent requires
that a prospective tenant or current tenant have a certain threshold level of
income, any source of income in the form of a rent voucher or subsidy must be
subtracted from the total of the monthly rent prior to calculating if the income
criteria have been met.
ORDINANCE NO. 5881
6-32-2 DEFINITIONS:
A. "Dwelling unit" shall have the meaning set forth in RMC 4-11-040.
B. "Source of income" includes benefits or subsidy programs including
housing assistance, public assistance, emergency rental assistance, veterans
benefits social security, supplemental security income or other retirement
programs and other programs administered by any federal, state, local, or
nonprofit entity. "Source of income" does not include income derived in an illegal
manner.
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ORDINANCE NO. 5881
6-32-3 EXCEPTIONS:
Nothing in this chapter shall:
A. Applycethe Fenting, SbIbrrent+pg, leasing, subleasing a ne_r+ian 4
single family dwell i..here-in the ewneF GF rear, eRtitlerl to pessessien thereof
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-RA. Prohibit a religious organization, association, or society, or any nonprofit
institution or organization operated, supervised or controlled by or in conjunction
with a religious organization, association, or society, from limiting the rental or
occupancy of dwellings which it owns or operates for other than a commercial
purpose to persons of the same religion, or from giving preference to such
persons, unless membership in such religion is restricted on the basis of race,
color, national origin or other illegal discriminatory basis;
6B. Be construed to prohibit treating people with disabilities more favorably
than people who do not have disabilities; or
8C. Be construed to protect criminal conduct.
6-32-4 NOTICE:
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ORDINANCE NO. 5881
Any property owner, property manager, landlord, or their agent that refuses to
rent a dwelling unit to a person proposing to use a source of income shall notify
such person in writing of the reasons for refusing to rent the dwelling unit. The
reasons given in the notice are not a defense to the application of RMC 6-32-1 if
the dwelling unit is offered on different terms or conditions to any person not
proposing to use a source of income.
6-32-5& PENALTIES:
A. A violation of this Chapter is punishable by an order imposing a civil
penalty in the amount of one thousand dollars ($1,000). A second violation of this
Chapter by the same person within a two (2) year period is punishable by a civil
penalty in the amount of two thousand five hundred dollars ($2,500). Any order
imposing a civil penalty pursuant to this section shall summarize the factual and
legal basis for the violation and notify the recipient of the right to appeal the fine
pursuant to RMC Section 6-32-6§.
B. A third violation of this Chapter by the same person within a three (3) year
period is punishable as a gross misdemeanor with a jail sentence of up to three
hundred sixty-four (364) days and up to a five thousand dollar ($5,000) fine, plus
restitution.
6-32-6-5 APPEALS:
A. Any person ordered to pay a civil penalty pursuant to RMC Section 6-32-
54 may appeal the penalty by filing with the City Clerk a written appeal setting
forth the legal and factual basis for the appeal and identifying the City order in
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ORDINANCE NO. 5881
which the penalty is assessed. Such identification may be done by referencing a
City tracking number that was included on the order and/or providing a copy of
the order with the appeal. To be considered, the appeal must be received and date
stamped by the City Clerk's office no later than fourteen (14) days after the fine
was issued. The City Clerk will forward all timely appeals to the Community and
Economic Development Administrator, or designee.
B. The Administrator, or designee, will review the appeal and either affirm
or repeal the order imposing the civil penalty based upon written findings of fact
and conclusions of law. The Administrator, or designee, may reduce the amount
of the civil penalty upon a finding that the violation did not occur in bad faith and
any known victims of the violation have been fully compensated for damages
suffered as a result of the violation. The Administrator, or designee, may request
additional information necessary to make the decision and/or choose to hold an
informal hearing to solicit evidence.
C. If the penalty is not repealed, the person who has been ordered to pay the
civil penalty may appeal the Administrator's decision to the Hearing Examiner
pursuant to the process in RMC 4-8-110.E. The City shall have the burden of proof
to establish the violation by a preponderance of the evidence. No appeal fee shall
be required.
P
ORDINANCE NO. 5881
6-32-76 CIVIL REMEDY:
Any person who has been damaged by a violation of RMC Section 6-32-1 may seek
to recover civil damages in a court of competent jurisdiction to the extent such
action is allowed by law.
SECTION II. If any section, subsection, sentence, clause, phrase or work of this
ordinance should be held to be invalid or unconstitutional by a court or competent jurisdiction,
such invalidity or unconstitutionality thereof shall not affect the constitutionality of any other
section, subsection, sentence, clause, phrase or word of this ordinance.
SECTION III. This ordinance shall be in full force and effect thirty (30) days after
publication of a summary of this ordinance in the City's official newspaper. The summary shall
consist of this ordinance's title.
PASSED BY THE CITY COUNCIL this 7th day of May, 2018.
APPROVED BY THE MAYOR this 7th day of May, 2018.
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Denis Law, Mayor
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ORDINANCE NO. 5881
Approved as to form:
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Shane Moloney, City Att rney
Date of Publication: 5/11/2018 (Summary)
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