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Home My WebLink AboutORD 5826 CITY OF RENTON, WASHINGTON ORDINANCE NO. 5826 AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING TITLE VI (POLICE REGULATIONS) OF THE RENTON MUNICIPAL CODE, BY ADOPTING A NEW CHAPTER 6-32, ENTITLED FAIR HOUSING REGULATIONS, TEMPORARILY PROHIBITING PROPERTY OWNERS AND PROPERTY MANAGERS FROM DISCRIMINATING AGAINST TENANTS OR POTENTIAL TENANTS ON THE BASIS OF PARTICIPATION iN A SECTION 8 HOUSING CHOICE PROGRAM, ESTABLISHING PENALTIES AND AN APPEAL PROCESS, AND DECLARING AN EMERGENCY AND IMMEDIATE NEED FOR THIS ORDINANCE TO TAKE EFFECT UPON PASSAGE. WHEREAS, a significant number of people are not able to secure adequate rental housing without financial assistance, such as that provided pursuant to a Section 8 housing choice voucher or certificate issued under the Housing and Community Development Act of 1974 (42 USC 1437f) ("Act"); and WHEREAS, there are limited quantities of dwelling units available for rent to those using government assistance and the number of available units is decreasing as rents increase and landlords are increasingly discriminating against and refusing to rent to those receiving government assistance; and WHEREAS, people receiving government assistance for housing are among Renton's most vulnerable population; and WHEREAS, when families lose their homes as a result of income source based discrimination, they lack funds to move, risk being unable to find replacement housing close to their workplace, risk becoming homeless, and their children risk disruption to their education and social development by being forced to move away from their friends and schools in the middle of the school year; and 1 ORDINANCE N0. 5826 WHEREAS, it is essential to assure that housing is available to persons who need financial assistance to secure decent housing; and WHEREAS, there is currently state legislation planned to be introduced in the 2017 legislative session that would, if passed, help to address income source discrimination; and WHEREAS, with winter approaching, children in the middle of their school year, and an alarming increase in the number of landlords refusing to accept Section 8 housing choice vouchers, it is necessary and appropriate to take immediate action to prohibit landlords from discriminating solely on the basis of a tenant or potential tenant's source of income; and WHEREAS, participation by landlords in government assistance housing programs is not burdensome and provides a reliable steady source of income; and WHEREAS, the Washington State Department of Commerce operates a landlord mitigation program that provides financial resources to landlords in order to mitigate damages that may be caused by tenants in the Section 8 housing choice voucher program; however, such resources are only available to landlords in jurisdictions that pass ordinances that prohibit income source discrimination; and WHEREAS, the City Council intends to continue to monitor state legislation and further examine alternative and additional opportunities to partner with other agencies and landlords to protect our vulnerable populations from discrimination and provide an adequate supply of affordable housing in a way that respects the interests of all involved parties; and WHEREAS,the City Council needs time for it and the City administration to fully study the issue and include all stakeholders, including landlords of all housing types, before adopting final legislation; and 2 ORDINANCE N0. 5826 WHEREAS, unmitigated risks posed by income source discrimination constitute a public emergency, and it is necessary for immediate preservation of public peace, health, and safety to impose a temporary prohibition on income source discrimination; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. Title VI (Police Regulations) of the Renton Municipal Code, is amended to adopt a new Chapter 6-32, Fair Housing Regulations, to read as follows: CHAPTER 32 FAIR HOUSING REGULATIONS SECTION: 6-32-1: Income Source Discrimination Prohibited 6-32-2: Applicability To Housing Choice Vouchers and Certificates 6-32-3: Exceptions 6-32-4: Penalties 6-32-5: Appeals 6-32-6: Civil Remedy 6-32-1 INCOME SOURCE DISCRIMINATION PROHIBITED: Property owners, property managers, landlords, and their agents, who rent or lease dwelling units shall not refuse to rent or lease a dwelling unit to any tenant or potential tenant or otherwise discriminate or retaliate against such person solely on the basis that the person proposes to pay a portion of the rent using a Section 8 housing choice voucher or certificate issued under the Housing and 3 ORDINANCE N0. 5826 Community Development Act of 1974 (42 U.S.C. 1437f). "Dwelling unit"shall have the meaning set forth in RMC 4-11-040. This Section shall only be effective through August 1, 2017. 6-32-2 APPLICABILITY TO HOUSING CHOICE VOUCHERS AND CERTIFICATES: The prohibition in RMC Section 6-32-1 does not apply with respect to the use of a Section 8 housing choice voucher or certificate if the dwelling unit does not qualify for participation in such program according to applicable public housing authority guidelines. This may include disqualification due to monthly lease amounts or other lease terms. However, refusal to allow a health and safety inspection of the property by the public housing authority shall not serve as a basis for denying the use of a Section 8 voucher or certificate. Any property owner or manager that refuses to rent a dwelling unit to a person based upon the proposed use of a Section 8 housing choice voucher or certificate shall notify such person in writing of the reasons why the dwelling unit is ineligible for participation in the Section 8 housing choice voucher or certificate program. The written notice shall specify the specific condition of the property or lease terms that disqualify the dwelling unit from participation in the Section 8 housing choice or certificate program. Such condition or terms are not a defense to the application of RMC 6-32-1 if the dwelling unit is offered to others with terms and conditions that would make the dwelling unit eligible for the Section 8 program. 6-32-3 EXCEPTIONS: Nothing in this chapter shall: 4 ORDINANCE NO. 5826 A. Apply to the renting, subrenting, leasing, or subleasing a portion of a single-family dwelling,wherein the owner or person entitled to possession thereof maintains a permanent residence, home or abode therein; B. 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; C. Be construed to prohibit treating people with disabilities more favorably than people who do not have disabilities; or D. Be construed to protect criminal conduct. 6-32-4 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 6-32-5. 5 ORDINANCE N0. 5826 B. A third violation of this Chapter by the same person within a three (3) year period is be 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. 6-32-5 APPEALS: A. Any person ordered to pay a civil penalty pursuant to RMC Section 6-32-4 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 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 penatty based upon written findings and 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. 6 ORDINANCE NO. 5826 C. If the penalty is not repealed,the person who has been ordered to pay the civit 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. 6-32-6 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. Should any section or provision of this ordinance be declared by a court of competent jurisdiction to be invalid,that decision shall not affect the validity of the ordinance as a whole or any part thereof, other than the part so declared to be invalid. SECTION III. This ordinance being passed by a unanimous City Council with a finding urgency required by RCW 35A.11.090(2), and hereby being declared a public emergency ordinance pursuant to RCW 35A.12.130, shall be in full force and effect immediately upon passage. A summary of this ordinance, consisting of this ordinance's title, shall be published in the City's official newspaper. PASSED BY THE CITY COUNCIL this 7th day of November, 2016. 1... �'j�- �- �" dl Jason A. Seth, City Clerk 7 ORDINANCE NO. 5826 APPROVED BY THE MAYOR this 7th day of November, 2016. G�i%�.J Denis Law, Mayor Approved as to form: `��.�`"��F I REN'��,,�� , `��.`.�`��„�„„��,,,,��TQ .,�� c,_.� -,, y . _ � ,, <i�'�� = * ' S E A L - � Lawrence J. Warren, City Attorney 's � � 7!' = . %, ,,;�.. r' �� /, � ��Pp��''�uu�u��`°�6 Date of Publication: 11/11/2016 (summary) �''�,,,?�AtED SEQ��►� ':iiN1N\N\\�� ORD:1949:11/7/16:scr 8