HomeMy WebLinkAboutORD 6052CITY OF RENTON, WASHINGTON
ORDINANCE NO. 6052
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING SECTION
4-5-125 OF THE RENTON MUNICIPAL CODE, CLARIFYING REQUIREMENTS FOR
LANDLORDS UNDER THE CITY'S RESIDENTIAL RENTAL REGISTRATION AND
INSPECTION PROGRAM, PROVIDING FOR SEVERABILITY, AND ESTABLISHING AN
EFFECTIVE DATE.
WHEREAS, on February 25, 2019, City Council adopted Ordinance No. 5913 creating a
residential rental registration and inspection program; and
WHEREAS, improving residential housing and encouraging all rental housing in the City to
meet minimum life safety and fire safety standards are furthered by a program to promote code
compliance; and
WHEREAS, the City is committed to a rental registration and inspection program that
protects the interests of tenants and landlords; and
WHEREAS, the City recognizes that reprisal or retaliatory actions by landlords against
tenants are prohibited by RCW 59.18.240(1) and that landlords "shall not take or threaten to
take" such actions based on tenants' "complaints or reports ... to [City of Renton] concerning the
failure of the landlord to substantially comply with any code, statute, ordinance, or regulation
governing the maintenance or operation of the premises, if such condition may endanger or
impair the health or safety of the tenant;" and
WHEREAS, the City identified administrative changes that would resolve ambiguity and
clarify requirements for landlords in RMC 4-5-125.C, 4-5-125.1), 4-5-125.E, 4-5-125.F, and 4-5-
125.H; and
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WHEREAS, the Administrator of the Department of Community and Economic
Development determined in Code Interpretation (CI)-164 to clarify that the code enforcement
process of RMC 1-10 (originally codified as RMC 1-3-2) applies to the Rental Registration and
Inspection Program created by Ordinance No. 5913 and additional legislative clarifications to that
end are appropriate; and
WHEREAS, this matter was duly referred to the Planning Commission for investigation
and study, and the matter was considered by the Planning Commission; and
WHEREAS, pursuant to RCW 36.70A.106, the City notified the State of Washington of its
intent to adopt amendments to its development regulations and the Department of Commerce
granted expedited review with no comments; and
WHEREAS, the Planning Commission held a public hearing on November 17, 2021
considered all relevant matters, and heard all parties appearing in support or in opposition, and
subsequently forwarded a recommendation to the City Council;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO
ORDAIN AS FOLLOWS:
SECTION I. All portions of the Renton Municipal Code in this ordinance not shown in
strikethrough and underline edits remain in effect and unchanged.
SECTION II. Section 4-5-125 of the Renton Municipal Code is amended as follows:
4-5-125 RESIDENTIAL RENTAL REGISTRATION AND INSPECTION PROGRAM:
A. PURPOSE:
The City Council finds that rental housing is a valuable community asset,
providing homes for all income levels. The City recognizes that quality rental
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housing is a partnership among owners, tenants, and the City. Additionally, the
City Council finds that there exists rental housing in the City that is below
minimum building standards and could violate RCW 59.18.060 of the Landlord -
Tenant Act. As a result, to further the public health, safety, and welfare of its
citizens and the maintenance of quality rental housing in the City, the City
establishes a program to prevent and correct conditions in residential rental units
that are likely to adversely affect the health, safety, and welfare of the public. It is
a purpose of this Section to encourage rental housing within the City to be actively
operated and maintained in compliance with Chapter 59.18 RCW, the Residential
Landlord -Tenant Act. The City Council further declares that this program is for the
benefit of the public in general and not for the benefit of any particular or
circumscribed class of persons.
B. APPLICABILITY:
This Section applies to rental dwelling units with the following exceptions:
1. Room rental within a rental dwelling unit that is otherwise occupied by
the landlord;
2. Accommodations for transient guests for which lodging tax is applicable
(hotels, motels, inns, short-term rentals, etc.);
3. Hospitals, hospice and community -care facilities, retirement or nursing
homes, extended care facilities, and other similar uses subject to State licensing
requirements;
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ORDINANCE NO. 6052
4. Rental dwelling units that a government agency or authority owns,
operates, or manages, or that are specifically exempted from municipal regulation
by State or Federal law or administrative regulation. Such exemption applies until
such ownership, operation, management, or specific exemption is discontinued;
and
5. Emergency or temporary shelters and transitional housing.
C. DEFINITIONS:
In construing the provisions of this Section, the following definitions shall be
applied:
1. "Administrator" means the Administrator of Community and Economic
Development or designee as applicable and any other department administrator
authorized by the Mayor to enforce this Section, or their designee, which may
include, but is not limited to, code compliance inspector, building official, or other
designated City official.
2. "Certificate of inspection" means a certificate made in accordance with
the requirements of RCW °A�i; 59.18.125 by a qualified inspector on forms
provided by or acceptable to the City that states that the landlord of the rental
dwelling unit(s) at issue has not failed to fulfill any obligation imposed under
RCW 59.18.060 of the Landlord -Tenant Act.
3. "Dwelling unit" means any structure or part of a structure which is used
as a residence or sleeping place by one or more persons, including but not limited
to single-family residences, a room, rooming units, units of multiplexes,
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condominiums, apartment buildings, mobile homes, and other similar residential
structures.
4. "Landlord" means an owner, lessor, or sublessor of a rental dwelling unit
or the property on which a rental dwelling unit is located and, in addition, means
any person designated as representative of the landlord including property
managers.
5. "Landlord -Tenant Act" means the Residential Landlord -Tenant Act set
forth in Chapter 59.18 RCW, as currently enacted and hereinafter amended.
6. "Person" means an individual, group of individuals, corporation,
government, governmental agency, business trust, estate, trust, partnership,
association, two (2) or more persons having a joint or common interest, or any
other legal or commercial entity.
7. "Qualified inspector" means a United States Department of Housing and
Urban Development certified inspector, a Washington State licensed home
inspector, an American Society of Home Inspectors certified inspector, a private
inspector certified by the National Association of Housing and Redevelopment
Officials, the American Association of Code Enforcement, International Code
Council certified inspector, a Washington licensed structural engineer, or a
Washington licensed architect, or other comparable professional as approved by
the Administrator. A landlord is not eligible to act as a qualified inspector for the
landlord's rental dwelling unit.
8. "RCW" means Revised Code of Washington.
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9. "RCW 59.18.060 of the Landlord -Tenant Act" means, for the purposes
of this Section, RCW 59.18.060(1) through (10), as currently enacted and
hereinafter amended.
10. "Rental dwelling unit" means a dwelling unit that is rented or held out
for rental.
11. "Rental property" means all residential dwelling units rented or leased
on a single lot, or abutting lots, managed by the same landlord.
12-1. "Residential rental checklist" means a statement, declaration,
verification, or certificate made in accordance with the forms provided by or
acceptable to the City that each rental dwelling unit at issue complies with
RCW 59.18.060 of the Landlord -Tenant Act and does not present conditions that
endanger or impair health or safety.
13-2. "Tenant" is any person who is entitled to occupy a rental dwelling unit
primarily for dwelling purposes with or without a written rental agreement.
D. REQUIREMENTS:
1. Annual Registration, Declaration of Compliance, and Certificate of
Inspection: On or before January 31st of each year, at least one landlord of a
rental dwelling unit shall submit the felle in rental registration information by
means and form directed by the Administrator, to include but not be limited to:
a. The landlord's name and contact information;
b. The name and contact information of any person designated by the
landlord as an alternate contact or as a representative of the landlord;
ORDINANCE NO. 6052
c. If desired by landlord, an email or mailing address or other method
of contact as approved by the Renton Police Department for participation in the
landlord notification program for notice of police activity on the property on which
a rental dwelling unit is located;
d. A residential rental checklist for each rental property that expressly
identifies all of the landlord's rental dwelling units; and
e. A certificate of inspection dated within thirty (30) days of
registration if sue# a separate certificate of inspection was previously required to
be completed by subsection F of this Section within the preceding twelve (12)
month registration periods.
2. Effect of Multiple Landlords: If a single rental dwelling unit has more
than one landlord, the following applies:
a. Only one landlord is required to meet the requirements of
subsection D.1 of this Section; and
b. Regardless of which landlord registers the dwelling unit, all landlords
of the dwelling unit are responsible for compliance with this Section, including
ensuring proper registration by at least one landlord.
3. Payment of Registration Fee: To the extent applicable, payment of any
registration fees required within the City of Renton Fee Schedule shall be paid
annually by January 31st.
E. VIOLATIONS:
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1. Each landlord of a rental dwelling unit is responsible for the following
violations:
a. Failure to comply with a requirement of this Section, of
RCW 59.18.060 of the Landlord -Tenant Act, or both;
b. Any violation of this Chapter, where such violation occurs on or
pertains to property occupied by one or more rental dwelling units, and
subsection B of this Section does not except such rental dwelling units from this
Section;
c. Any violation of any other City, County, State, or Federal law or
regulation relating to health or safety, where such violation occurs on or pertains
to property occupied by one or more rental dwelling units, and subsection B of
this Section does not except such rental dwelling units from this Section.
d..While not a violation under this Section, the City recognizes that
reprisal or retaliatory actions by landlords against tenants are prohibited by RCW
59.18.240(1) and that landlords "shall not take or threaten to take" such actions
based on tenants' " [c]omplaints or reports ... to [City of Renton] concerning the
failure of the landlord to substantially comply with any code, statute, ordinance,
or regulation governing the maintenance or operation of the premises, if such
condition may endanger or impair the health or safety of the tenant." Under
applicable state law, retaliation includes, but is not limited to: (1) any act or
omission done or threatened to be done as a result of the complaint that would
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separately violate this Section, or (2) raising rent or terminating the tenancy
because of the complaint.
2. Except as otherwise provided in this Section, the enforcement and
penalty provisions of chapters 1-3 and 1-10 RMC apply to violations and potential
violations of this Section.
3. Any landlord contesting an order of the Administrator pursuant to this
Section may appeal the order within fifteen (15) days of the decision to the
hearing examiner pursuant to appeals process for findings of violations in RMC 1-
10-5.
F. CERTIFICATE OF INSPECTION:
The Administrator may order aA landlord to complete and submit shale -a
certificate of inspection within a time specified within the order
+^ +h^ A,aM*R0r+. +^. under the following circumstances:
1. When a tenant requests an inspection; and the Administrator
determines there is reason to believe that the landlord appeaFS W have has failed
to fulfill an obligation imposed under RCW 59.18.060 of the Landlord -Tenant Act;
2. When the Administrator determines based upon other information
and/or observation that there is a like.- r;+., dis-19eFS ^ ade awaFe ^f ,
violation of this Section; or
3. 9-Pursuant to a finding of violation or other code enforcement order
requiring the Landlord to remedy a violation of this Section 4a.S
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G. SALE OF PROPERTY— NEW OWNER COMPLIANCE:
Where conditions exist that are in violation of RCW 59.18.060 of the Landlord -
Tenant Act or this Section or both, and there is a change of ownership or control,
the new landlord will be subject to penalties and enforcement for all ongoing
violations and registration requirements.
H. PENALTIES AND ENFORCEMENT:
1. A violation of this Section, of Section RCW 59.18.060 of the Landlord -
Tenant Act, or man order to complete and submit a certificate of inspection
is subject to penalties,_ aPA-enforcement, and appeals under chapters 1-3 and 1-
10 RMC.
2. False Reporting: Any person who knowingly submits or assists in the
submission of a falsified residential rental checklist or certificate of inspection is
subject to penalties and enforcement under chapters 1-3 and 1-10 RMC.
SECTION III. 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 IV. This ordinance shall be in full force and effect thirty (30) days after
adoption. No later than five (5) days prior to such effective date, a summary of this ordinance
consisting of its title shall be published in the City's official newspaper.
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ORDINANCE NO. 6052
PASSED BY THE CITY COUNCIL this 13th day of December, 2021.
1' J/,- - /,/" � 6
r'
Jaso A.Seth, ytry Clerk
APPROVED BY THE MAYOR this 13th day of December, 2021.
Approved as to form:
Shane Moloney, City Attorney
Date of Publication: 12/16/2021 (Summary)
ORD:2191:11/23/21
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