HomeMy WebLinkAboutCAP 2016-04-11 Item 2C - Discussion - Multifamily Housing Challenges and OpportunitiesCt of Tukwila
Allan Ekberg, Mayor
INFORMATIONAL MEMORANDUM
TO: Community Affairs and Parks Committee
FROM: Laurel Humphrey, Council Analyst
CC: Mayor Ekberg
DATE: April 6, 2016
SUBJECT: Multifamily Housing Challenges and Opportunities
ISSUE
Elected officials and City staff occasionally hear from residents with regard to landlord-tenant
disputes. Such disputes are civil matters between individuals and/or businesses beyond the
scope of municipal legal authority. There are a number of state and federal laws that address
landlord-tenant matters and anti-discrimination in housing. None of these laws grant the City a
mechanism for enforcement or a direct means to provide relief to the parties involved.
At the March 21, 2016 City Council meeting, public comment was given to the Council
suggesting that certain, apartment complexes in Tukwila are enforcing rules preventingi resident
children from playing outside. In addition, these apartments do not have safe outdoor play
areas, since they were built prior to the adoption of modern-city design codes requiring
recreation areas in multifamily structures. The only open space outside of the structures is for
vehicle parking. The properties are up to date on their requiired licenses and inspections with
the City. One possible strategy suggested at the same meeting was to develop a just cause
eviction ordinance modeled after the City of Seattle.
Community Dialogue
The purpose of this discussion is to give the Community Affairs and Parks committee an
opportunity to di ialogue with residents, city staff, and representatives from the Tenants Union of
Washington State on solutions for complaints such as the one described at the March 21
Council meeting. It also provides an opportunity for the Committee to consider how the City's
Parks, Recreation and Open Space Plan plays a role in issues such as these. Through this
conversation and information gathering process, the Committee will be in a better position to
understand limitations, identify opportunities, hear from resident attendees, and make a
recommendation to the Council,
Just Cause Eviction Ordinance
The City of Seattle has a law in place requiring landlords to have good cause in order to
terminate a month-to-month tenancy. It does, not apply to tenants with fixed term leases.
Seattle's code specifies valid reasons for requiring a tenant to move and requires the owners to
state the reason in writing. This law provides additional protections to Seattle tenants and gives
Code Compliance staff the ability to issues notices of violation. Currently, Seattle is the only city
in Washington State with this law. The Committee may wish to consider if this type of law would
be of benefit to the community.
71
INFORMATIONAL MEMO
Page 2,
Parks, Recreation and Open Space Plan
The City of Tukwila adopted its Parks, Recreation and Open Space (PROS) Plan in February
2014. The PROS plan provides a guide for the funding and planning of public spaces and
recreation in the City, and has a stated goal of finding ways to reach its highly diverse
community members. The Committee should consider the PROS plan when considering
options relating to recreational opportunities for residents in multifamily structures.
Relationships with Property Owners
While the City is legally limited in intervening in landlord-tenant affairs, individuals from the
community or the City may consider sharing concerns and working with property owners to
arrive at solutions. Rental properties are registered with the City due to the Rental Housing
Inspection Program and contact information is readily available.
Available Resources
While the City cannot provide legal advice to residents, there are a number of regional
organizations and resources available to tenants for which the City does provide referrals. The
Committee may wish to consider more proactive ways to help educate residents on these
resources, possibly by sponsoring presentations from relevant agencies. The Committee
should familiarize itself with the resources that are available, such as the Tenants Union,, the
King County Bar Association's Housing Justice Project, and more as listed in Attachment 1
In addition, the Washington State Human Rights Commission investigates and enforces
violations of the Washington Law against Discrimination (RCW 49.60)
ATTACHMENTS
1. Legal Assistance Guide, Tenants Union of Washington State
2. Seattle Department of Construction and Inspections Tip 604
3, Tukwila Parks, Recreation and Open Space Plan Executive Summary
72 W:QO16 info MennoWultFarnfly.dou
egal Assistance for Tenants - Know Your Rights -renants Union of'... http://ww.tenantsunion,()rg/efl/ria hts/legal-assistance-for-tenants
Tenant rights counseling » Email/subscribe >> Donate now >> Fa
KNO,W YOUR RIGHTS n RESOURCES* LEGAL ASSISTANCE GUIDE Before using this Information, please read:
Leg Ei* Best Practices and Tips for Tenants
ll AsSo'-L,istance ■ ho r & Tools for Tenants
enicants, a Understanding Landlord -Tenant Law
their eligibility requirements.
1) Get assistance to understand and interpret Landlord-Tenant Laws.
Washinciton L,awHelp provides detailed information on laws governing tenancy in Washington
State. You can also call CLEAR, Northwest Justice Project's free legal help and assistance for
low-income Washington, State residents, CLEAR is open Mon—Fri, 9:15 am -12 :15 pm. at Tues
3:30-6:15 pm at 888-201-10:14.
2) Use It to strengthen your negotiations with your landlord.
Though tenants can, do all their negotiations with their landlords themselves, some landlords
may be responsive to the authority of an attorney. You may also be able to get assistance
writing letters and citing the laws in communications with your landlord. Lawyers at the King
County Bar Association's Nei _qhborhood Legal Clinics may be able to help you write a letter
asserting your rights.
3) Obtain assistance or representation In eviction court or a subsidy
termination grievance hearing.
You may be able to talk to an attorney to help you understand or respond to an eviction notice
or subsidy termination. If you have defenses in an eviction lawsuit, you may be able to secure
an attorney to represent you in court, You can call CLEAR Line Legal Help at 888.201,1014
from anywhere in the state. CLEAR is the Northwest Justice Project's free legal help and 12
assistance for low-income Washington State residents, and they are open Mon—Fri, 9:15
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To read the specific laws in the WA State
Residential Landlord•Tenant Act, click on the RCW
Legal assistance is extraordinarily valuable for tenants but must be
(Revised Code of Washington) links throughout the
utilized in specific ways. There are five primary ways to make legal
Tenant Services website.
assistance work for you in resolving landlord- tenant matters. Many
Tenants Union Tenant Counselors are not
of these resources are free or low cost to renters seeking
attorneys, and this Information should not be
considered regal advice. Please read our full
assistance. Contact each program individually to find out about
Tenant Union Disclaimer
their eligibility requirements.
1) Get assistance to understand and interpret Landlord-Tenant Laws.
Washinciton L,awHelp provides detailed information on laws governing tenancy in Washington
State. You can also call CLEAR, Northwest Justice Project's free legal help and assistance for
low-income Washington, State residents, CLEAR is open Mon—Fri, 9:15 am -12 :15 pm. at Tues
3:30-6:15 pm at 888-201-10:14.
2) Use It to strengthen your negotiations with your landlord.
Though tenants can, do all their negotiations with their landlords themselves, some landlords
may be responsive to the authority of an attorney. You may also be able to get assistance
writing letters and citing the laws in communications with your landlord. Lawyers at the King
County Bar Association's Nei _qhborhood Legal Clinics may be able to help you write a letter
asserting your rights.
3) Obtain assistance or representation In eviction court or a subsidy
termination grievance hearing.
You may be able to talk to an attorney to help you understand or respond to an eviction notice
or subsidy termination. If you have defenses in an eviction lawsuit, you may be able to secure
an attorney to represent you in court, You can call CLEAR Line Legal Help at 888.201,1014
from anywhere in the state. CLEAR is the Northwest Justice Project's free legal help and 12
assistance for low-income Washington State residents, and they are open Mon—Fri, 9:15
of 2 4/7/2016 9: 1: M
Legal Assistance for Tenants - Know Your Rights - Tenants Union of... http://www,tenantsunion.org/en/rights/legal-,,issistance-for-tenants
am-1 2:15 pm and Tues 3:30-6:15 pm. The King County Bar Association's Housing Justice,
P,rojec is tenants' primary resource for King County residents who live outside of the city of
Seattle who need legal assistance with an eviction notice or an eviction lawsuit. Catholic
Community Services' Legal Action Center also may be able to assist tenants facing eviction,
Tenants in subsidized housing or with Section 8 vouchers may be able to get representation in
a Grievance Hearing through Northwest Justice Project or Legal Action Center,
4) Use It to help you prepare for a Small Claims suit against your landlord.
Small Claims Court is the primary way that tenants can recover money owed to them by their
landlord. There are no attorneys allowed in small claims court, but an attorney through
Neighborhood Legal Clinios can help you prepare for your case.
5) File a civil lawsuit against your landlord.
In rare cases, tenants may be able to obtain legal representation to sue their landlords. You
will have to hire a private attorney to pursue this option, which may not be affordable to many
renters. You may be able to find an attorney for hire through King County Bar Association's
Lawyer Referral Service.
2 of 2 74 4n12016 9:59 AM
egal Resources - Know Your Rights - Tenants Union of Washington ... http://`www.tenaritsunion.org/en/rights/legal-resources
Tenant rights couinseling » Email/subscribe Donate now » Fa
KNOWYOUR RIGHTS Oro RESOURCES)) LEGALASSISTANCE GUIDE
Some of the following resources are specific to King County. For
resources in your area, contact the Washington State 2 -1 -1 at
2-1-1 from a landline, 206-461-3200 or 800-621-4636 or
206-461-3610 for TTY/hearing impaired calls.
• Washington LawHelp: (online only) — Provides self-help legal
information for renters, including detailed packets on repairs,
deposits, small claims court and the eviction process.
Before using this Information, please read:
• Ele,st Practices and Tins for Tenants
• Tools for Tenants
• Undqrstandi q_q_ Landlord- Tenant Laws
To read the specific laws in the WA State
Residential Landiord-Tenant Ad click on the RCW
(Revised Code of Washington) links throughout the
Tenant Services website.
Tenants Union Tenant Counselors are not
attorneys, and this information should not be
considered legal advice, Please read our full
Tenant Union Disclaimer,
• CLEAR Line Legal Help: 888-201-1014 — Northwest Justice
Project's free legal help and assistance for low-income Washington State residents, Open
Mon–Fri, 9:15 am-12:15 pm.
• Housing Justice Project: 206-267-7090 — King County Bar Association's walk-in legal
information and assistance. Priority service for renters facing evictions. Open Mon –Fri,
8-10:30 am, in the King County Courthouse in Seattle and Kent Regional Justice Center.
Seattle location also open Mon, 3:45-4:45 pm.
Legal. Action Center: 206-324-6890 — A part of Catholic Community Services, Legal Action
Center offers legal advice and assistance for low-income Seattle renters facing eviction,
repair problems, deposit loss, subsidy termination, lockouts and other issues.
Neighborhood Legal Clinics: 206-267-7070 — King County Bar Association's legal clinics
located across King County, NLC attorneys can provide a free half hour of legal advice to
renters, regardless of income.
N'gahwest Justice Project: 206-464-1519 — Legal help for tenants in public housing or with
Section 8 vouchers facing subsidy termination or eviction.
Volunteer Legal Services: 206-267-7010 — King County Bar Association's lawyer referral
service.
• Moderate Means Program — The Moderate Means Program is a partnership between the
Washington State Bar Association and Washington's 3 law schools. MMP connects people
12
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Legal Resources - Know Your Rights - "tenants Union of Washington... http://www.tenantsunion.org/en/rights/legal-resources
0
within 200-400% of the Federal Poverty Level to lawyers who offer legal help at reduced
fees.
• CLEAR*Sgnior Legal Help: 888-387-7111 — Northwest Justice Project's free legal help and
assistance for persons over 60 years of age of all income levels, Seniors can call the
CLEAR Senior Line starting at 9:15 am and leave a message. The line will close for the day
once the voicemail message system is full.
Lgwyer Rgferral rvice: 206-267-7010 — King County Bar Association attorneys for hire
at regular rates.
• Legal Voice: 206-621-7691 — Empowers women with knowledge about their legal rights
and tools to help them navigate the legal system.
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76
;Seottle Department of Construction 604
Seattle Laws on Property
Iftu
Owner and Tenant Rights
and Responsibilities
Updated 0eoernVbmr/[\2D/5
The Seattle Department of Construction and Inspections
(Seat eDC|)administemandenforoenSeattlebHouming
and Building Maintenance Code (SMIC Sections 22.2U0
22,2O8) and several other city ordinances affecting
landlords, and tenants, Members of Seattle DC|'sCode
Compliance staff are available 1oassist tenants and
owners in understanding City code requirements.
This Tipina general guide to the rights and responsibili-
ties cdSeatt|etenaoimandrentalp,opertyownemunder
city laws. For specific information on the Housing and
Building Maintenance Code (HBK4C)nr Rental Pegistra-
bbnond/nopecdor Ordinance (RR|(])contact:
Seattle Department mf Construction and Inspections
Code Compliance
Locatilom 19thFloor, Seattle Municipal Tower
Mailing Address- 70U Fifth Ave,. Suite 2000
RO, Box 34U1g
Seattle, WA 98124-4019
The Washington State Residential LmooYb/zlTenant
Act (Chapter 69.1GRCVV)pUso establishes rights
andnnnponnhbi0iee for tenants and |and|urdo. For
further information about state |aw, contact one of
the organizations listed at the end of this publica-
tion or go to http://apps.leg.wa.gov/RCW/default.
aspx?o11e=59.18.
What the City requires of rental property owners
Under the HBMC. building owners io Seattle have sm
obligation to provide na[e, o|een, secure living condi-
tions. Generally, owners have the responsibility to:
• Keep the premises fit for human habitation and keep
any common areas reasonably doaoand safe
• Provide for control of insects, rodents and other pests
• Maintain all structural compnnen1e (roof, walls and
1ounda1ion) and keep the unit wee*heriighL
• Maintain all e|ecthua|. ?|umbing, heating and other
equipment and epp|iantes supplied by the owner
• Provide adequate containers for garbage
• When responsible for heating rental units, maintain
daytime (7�00 a.m. to 10:30 pm)temperatures at
no less than 68 degrees Fahrenheit and nighttime
uamAeretuneasKno less than SQ degrees Fahren-
heit from September through June
• Change lock mechanism and keys innom-kanaienL
accommodations upon charge of tenancies, and pro-
vide unit and building entrance door keys to tenants
• |nmtaU smoke detectors and instruct tenants as to
their operation and maintenance
Owners are riot responsible for cosmetic repairs such as
new carpeting and a fresh coat of paint after eachteman-
cy, Code compliance staff can answer questions about
whether an apartment owner iarespnnoib�e for apartiou'
�ar repair. Call (206) 615-0808 for more information.
Under HHIO1 property owners in Seattle must pmwido
safe housing that meets basic requirements aedetep
minedbyihe R'RiO Checklist and:
• Register properties tha1urensntedfoxnaadenda|
use every five years (see Tip G2O.Registering Your
Rental Property)
• Starting in 2015, pass aRR|O inspection utleast
once every ter years (see Tip G2O.Registering
Your Rental Property)
Definition of Tenant
With the exception of the Tenant Relocation Assis-
tance {Jrdinanoa.etenmniisdefinadaoapemon
occupying or holding possession ofa building or
premises pursuant bra rental agreement, This
includes residents of transient lodgings who remain
*We^on �WnPy chbrne,fice� °(M.XA;pol,� mmumer NIer
SDCl Tip #604— Seattle Lawson Property Owner and Tenant Rights and Responsibilities
in residence for one month or longer. A rental agree-
ment may be oral or in writing.
Obligations of tenants
Tenants must meet an owner's reasonable expectations
to maintain rental housing in a safe, clean manner, normal
wear and tear excepted, "Tenant responsibilities include:
• Proper disposal of garbage
• Care in use of electrical and plumbing fixtures
• Promptly repair of any damages caused by tenants
or their guests
• The granting of reasonable access to the owner for
maintenance, repair and pest control; as well as ac-
cess to an inspector to complete a RRIC, inspection
• Maintaining smoke and carbon monoxide detectors
in good working order
• Refraining from storing hazardous materials an the
premises
Available remedies if repairs are needed
Tenants may take the following action if repairs are
needed:
1. Contact the owner. A telephone call or letter is
usually the way most tenants and owners resolve
any problems. In most cases this will resolve the
problem, but a written request for repairs is often
required by law before tenants can exercise any
other remedy. Remember to keep copies of all
correspondence.
2. Report the problem to Seattle DCL If the
owner or manager does not make the repair in a
reasonable time, you may schedule an inspec-
tion! by Seattle DCI. If the condition is in violation
of the H13MC or RRIO and the owner fails to fix
the violation, the inspector will require the owner
to corrective action. See the next section for
more details.
3. Use other remedies available, including self-
help repair, mediation, placing rent in escrow,
and finally, moving out. The Washington State
Residential LandlordlTenant Act (Chapter 59.18
Ii has limited remedies for tenants, in situa-
tions where building owners fail to make code-re-
quired repairs within a reasonable time of being
notified of the need, You Must be current in your
rent and utilities to exercise these options. These
remedies may involve some form of rent with-
holding or reduction. As a general rule, however,
simply withholding rent is not a suitable remedy-,
In fact, a tenant may be evicted for failure to pay
rent. State law has specific rules about mak-
ing deductions from rent or paying rent into an
escrow account. For information on this subject,
contact one of the assistance groups listed at the
end of this publication.
Reporting a problem to Seattle DCI
Tenants may report the problem to Seattle DCf if the
owner or manager does not make a repair in a rea-
sonable time, Write, call or go in person to Seattle
DCI Code Compliance, located on the 19th floor of
Seattle Municipal Tower at 700 Fifth Ave., in downtown
Seattle, (206) 615-0808.
• Call Seattle DCI to report the problem if a property
owner or manager does not respond to repair
requests and a complaint seems to be the only
alternative remaining. Your name will be kept con-
fidential if you so request.
• Specify everything needing inspection and give the
address of the building including the Unit number.
• Include a telephone number when asking Seattle
DCI for assistance so the department can call
to arrange a time for an inspection. The person
requesting assistance should be present during the
inspection,
• If the iinspector finds violations, the inspector will
prepare a notice showing when the repairs must be
rnade, notify the responsible party of the violation,
and post the notice, on the premises.
• The time for compliance is generally 30 to 60 days,
depending Upon the nature of the violations and
any extensions the owner may receive.
• If the owner does not make the required repairs,
Seattle DCI will follow up through court action to
attempt to attain compliance.
Seattle's Just Cause Eviction Ordinance
The Just Cause Eviction Ordinance is part of Seattle's
Hi The intent of the ordinance is to provide clear
standards for both tenants and rental property owners
regarding the circumstances Under which a month-
to-rnonth tenancy may be terminated and eviction
can occur, The HBMC specifies the only reasons for
which a tenancy can be terminated. It requires own-
ers to list the reasons for ending the tenancy when
sending a written termination notice. For more infor-
mation, see Tip 604A, Seattle Laws Regarding Build-
ing Maintenance and Repair.
LEGAL DISCLAIMER: This Tip should not be used as a substitute, for codes and regulations. The applicant is responsible for compliance
with all code and rule requirements, whether or not described in this Tip.
ff.,]
SDC1 Tip #6Q4—Seattle Laws on Property Owner and Tenant Rights and Responsibilities
The following definitions are important to distinguish-
ing between an eviction and a termination of tenancy
Eviction: The end result of a formal legal action in
civil court that requires a tenant to move pursuant to a
legally issued written notice.
Termination of Tenancy: A written notice given by
a landlord to a tenant requiring the tenant to move
listing at least one reason specified in the Just Cause
Eviiction Ordinance.
Note: If a tenant refuses to move, only a court can
force the tenant to leave.
The following is a summary of the reasons for which
owners may end tenancies under the ordinance:
1. The tenant fails to pay rent within three days of a
notice to pay rent or vacate.
2. The tenant habitually fails to pay rent on time, caus-
ing the owner to notify the tenant in writing of over-
due rent four or more times in a 12-month period.
3. The tenant does not comply with material terms
of a lease or rental agreement within ten days of
a notice to comply or vacate.
4. The tenant does not comply with a material
obligation under the State Landlord-Tenant Act
within ten days of a notice to comply or vacate.
5. The tenant habitually fails to comply with material
terms of the lease or rental agreement, which
causes the owner to serve a ten-day notice
to comply or vacate three or more times in a
12-month period.
6. The tenant severely damages the rental unit
(causes "waste"), causes a nuisance (including
drug-related activity), or maintains an unlaw-
ful business, and does not vacate the premises
within three days of a notice to do so. The type
of damage, nuisance or unlawful business must
be specified in writing on the notice.
7. The tenant engages in criminal activity in the
building or on the premises or in an area imme-
cliatefy adjacent to the building or premises, The
alleged criminal activity must substantially affect
the health or safety of other tenants or the owner;
illegal drug-related activity is one crime specified
by the ordinance. A property owner who uses
this reason must clearly state the facts support-
ing the allegation, and must send a copy of the
termination of tenancy notice to Seattle DCI.
8. The owner wishes to occupy the premises person-
ally, or the owner's immediate family will occupy
page 3
the unit, and no substantially equivalent unit is
vacant and available in the same building and
gives the tenant written notice at least 90 days
prior to the end of a rental period. Immediate
family includes the owner's spouse or the owner's
domestic partner, and the parents, grandparents,
children, brothers and sisters of the owner, the
owner's spouse or the owner's domestic part-
ner. If the owner gives this reason to terminate
a tenancy and then fails to carry it out, he or she
may be subject to a civil penalty of up to $2,500.
A tenant whose tenancy is terminated for this
reason has a private right of action if he or she
feels an owner has failed to comply with these
requirements.
The owner wishes to terminate the tenancy of a
tenant who lives in the same housing unit with the
owner; or the owner desires to stop sharing his
or her house with a tenant living in an approved
accessory dwelling unit (ADU) in an owner -occu-
pied house.
10, The tenant's occupancy is conditioned upon
employment on the property and the employment
relationship is terminated.
11. The owner plans major rehabilitation that requires a
permit and demonstrates that the work cannot be
done with a tenant in occupancy. In addition, the
owner must comply with the requirements of the
Tenant Relocation Assistance Ordinance. (See
below for more information.) If the owner gives
major rehabilitation as the reason to terminate a
tenancy and then fails to carry it out, he or she
may be subject to a civil penalty of up to $,2,500.
A tenant whose tenancy is terminated for this
reason has a private right of action if he or she
feels an owner has failed to comply with these
requirements.
12 The owner decides to convert the building to a
cooperative or condominium. (See page 6 for
information on the Condominium and Coopera-
tive Conversion Ordinances.)
13. The owner decides to demolish a building or to
convert it to non-residential use. The owner must
first comply with the requirements of the Tenant
Relocation Assistance Ordinance (see page 5)
and obtain a necessary permit.
14. The owner desires to sell a single family residence
and gives the tenant written notice at least 90 days
prior to the end of a rental period. The owner must
fist the property for sale at a reasonable price in a
newspaper or with a realty agency within 30 days
LEGAL DISCLAIMER: This Tip should not be used as a substitute for codes and regulations. The applicant is responsible for compliance
with all code and rule requirements, whether or not described in this Tip.
79
SQC4 Tip #604—Seattle Laws on Property Owner and Tenant Rights and Responsibilities
after the date the tenant vacates. Property own-
ers may be required to sign a certification of the
intent to sell the house if Seattle DCI receives a
complaint. There is a rebuttable presumption of an
ordinance violation if the unit is not listed or adver-
tised, or is taken off the market or re-rented within
90 days after the tenant leaves. A tenant whose
tenancy is terminated for this reason has a private
right of action if he or she feels an owner has failed
to comply with these requirements.
15. The owner plans to discontinue the use of a
housing unit which is not authorized by the Land
Use Code, after receiving a Notice of Vlolation.
The owner must pay relocation assistance to
the tenants of each such unit at least two weeks
prior to the date the tenant is to vacate. Low-
income tenants must be paid $2,000 relocation
assistance; other tenants must be paid relocation
assistance equal to two months' rent,
16. The owner needs to reduce the number of tenants
sharing a dwelling unit in order to comply with
Land Use Code restrictions (i.e., no more than
eight people per dwelling unit if any are unrelated).
17. The owner decides to terminate the tenancy of
a tenant from a house containing an approved
ADU in order to comply with the development
standard's for AIDUs, after receiving a Notice of
Violation of the Land Use Code. (If the violation
is that the owner has moved out of the house
and has rented both units, one unit must either
be reoccupied by the owner or be removed.)
The owner must pay relocation assistance to
displaced tenants in the amount of $2,000 for
low-income tenants, or two months' rent in other
cases. Seattle DCI may require a property owner
to sign a certification of his or her intent to dis-
continue the use of the ADU.
18. An Emergency Order to vacate the property has
been issued by Seattle DCI and the tenants have
failed to vacate by the deadline giver in the Order.
Failure to follow through with stated cause: If an
owner terminates a tenancy for the reason that (1), sale
of a single family residence is planned, (2) the owner or
a family member is to move in, (3) substantial rehabili-
tation is planned, (4) the number of residents must be
reduced to eight, or (5) the owner is discontinuing an
ADU after receipt of a notice of violation, and the owner
fails to carry out the stated reason for eviction, he or
she may be subject to enforcement action by the City
and a civil penalty of up to $2,500.
Private right of action for tenants: If an owner ter-
minates a tenancy because (1) sale of a single family
page 4
residence is planned, (2) the owner or a family mem-
ber is to move in, or (3) substantial rehabilitation is
planned, and if the owner fails to carry out the stated
reason for eviction, the tenant can sue the owner for
up to $2,000, costs, and reasonable attorney's fees.
Unless otherwise noted above, a termination of ten-
ancy notice must be given at least 20 days prior to
the start of the next rental period and must state the
reason for termination in writing. Only those reasons
listed above are lawful causes for terminating month-
to-month tenancies in Seattle. For the complete text
of the Just Cause Eviction Ordinance, go to the City
of Seattle's, City Clerks website and click on Seattle
Municipal. Call up section 22,206.160. For more in-
formation, call Seattle DCI Property Owner and Tenant
Assistance at (206) 615-0808.
Please note, under state law tenants wishing to
terminate month-to-month, tenancies must also fol-
low proper notice procedures, notifying the owner or
manager in writing at least 20 days before the start of
the next rental period.
Enforcement of the Just Cause Eviction
Ordinance
Seattle DCf Code Compliance staff will investigate
complaints of an illegal termination of tenancy. if a
complaint is determined to be valid, the department will
inform the landlord of the requirements of the Ordi-
nance and will issue a Notice of Violation should the
landlord refuse to rescind the termination notice. If the
landlord fails to rescind the notice within the compli-
ance period given in the Notice of Violation, the case
will be referred to the City Attorney's Off ice, A land-
lord found to have illegally terminated a tenancy can
be penalized by a civil fine of $150.00 per day per
housing unit from the date the violation begins for the
first ten (10) days of non-compliance and $500,00 per
day per housing unit thereafter.
Within ten (10) days of receiving a Just Cause Evic-
tion Ordinance Notice of Violation, a landlord or other
affected party may request an administrative review
by a Seattle DC1 representative. Seattle DCI will notify
the requester within seven (7) days of receipt of the
request for review. The requester will have fifteen (15)
days from the receipt of this confirmation to submit
additional information to Seattle DCI. Following the
review, the Seattle DCI representative may sustain,
modify, or withdraw the Notice of Violation. A written
decision will be sent to the requestor within fifteen (15)
days of the decision being made.
LEGAL DISCLAIMER: This Tip should not be used as a substitute for codes and regulations. The applicant is responsible for compliance
with all code and rule requirements, whether or not described in this Tip.
We
SDCl Tip #604— Seattle Laws on Property Owner and Tenant Rights and Responsibilities
Records a property owner should keep
Owners are advised to maintain the following records
to support a case for terminating a tenancy:
1. A specific written rental agreement, with rules
that apply equally to all terants, and a unit condi-
tion checklist;
2. Records of rental payments;
3. Copies of notices given to tenants, with evidence
that all legally required' notices were properly
served; and
4. Any information or documentation to support a
termination of tenancy, such as police incident
reports or complaints from neighbors.
Notices for termination of tenancy must specifically
state the reasons for the termination. For example, a
notice for habitual late payment of rent could state:
"You were notified in writing on January 3,
1999, February 3, 1999, March 3, 1999, and
April 3, 1999, that your rent was late. It is due
and payable on the first day of each month. "
Owners are advised to retain the following records as
evidence of cornpiiance with the RRIO program:
1. Proof of registration (Registration Certificate) that
needs to be displayed or given to each tenant;
and provided to all new tenants at or before the
time they move in.
2. A copy of the Certificate of Compliance once an
inspection has been performed.
Actions that are considered to be
harassment or retaliation
The HBMC prohibits certain actions taken against
either a tenant or an owner.
The following actions constitute harassment or retaila-
tion against the tenant:
1. Changing locks on unit doors
2. Removing doors, windows, fuse box, or other fixtures
3. Discontinuing gas, electricity, water, or other utili-
ties supplied by owner
4. Removing a tenant from the premises except
through the legal eviction process
5. Evicting,, increasing rent or threatening: a tenant be-
cause that tenant has reported violations of the HBMC
to Seattle DCl or has exercised any legal rights arising
out of the tenant's occupancy of the building
page 5
6. Entering a tenant's unit, except in an emergency
or with the tenant's consent after giving appropri-
ate notice of intent to enter
The following actions constitute harassment or retalia-
tion against the owner:
1. Changing locks on unit doors
2. Removing owner-supplied fixtures, furniture or services
3. Wilfully damaging the building
Other City ordinances affecting tenants
and rental property owners
1. Rental Registration Inspection Ordiance
(RRIO)
www.seattle,gov/RRIO, (206) 684-4110
This ordinance helps ensure that all rental hous-
ing in Seattle is safe and meets basic housing
maintenance requirements. Starting in 2014, all
rental property owners in Seattle must register their
properties with the City. Inspectors will make sure
all registered properties comply with minimum life
and safety standards at least once every 10 years.
2. Tenant Relocation Assistance Ordinance
This ordinance applies when tenants are d!is-
placed by housing demolition, change of use,
substantial rehabilitation, or removal of use re-
strictions from government assisted housing.
A property owner who plans development activ-
ity must obtain a tenant relocation license and'a
building or use permit before he or she can termi-
nate a tenancy. All tenants must receive a 90-
day notice of the activity that will require them to
move. Eligible low income tenants, whose income
cannot exceed 50 percent of median income,
receive $3,340 relocation assistance, half of which
is paid by the owner, half paid by the City.
ft is a violation of this ordinance for a property
owner to increase the rent to avoid applying for a
Tenant Relocation License.
3. Rental Agreement Regulation Ordinance
This law has three provisions that landlord's
should be aware of:
Notice for Rent Increase of 10 percent or more:
Landlords who intend to increase housing costs, in-
cluding rent, by 10 percent or more within a 12-month
period must give at least 60 days written notice of
such an increase,
LEGAL DISCLAIMER: This Tip should not be used as a substitute for codes and regulations. The applicant is responsible for compliance
with all code and rule requirements, whether or not described in this Tip.
a.,
Suc|np°*u4—aew#le Laws ov Property Owner and Tenant Rights and Responsibilities
Information Disclosure: Seattle landlords must
give prospective tenants a copy ofasummary
of the City and state landlord-tenant laws when
they offer arentallagreement. The aummarymust
be attached \o all written rental agreemmntg, and
must be given 1V tenants who are offered averbal
rental agreement. All current tenants also must
have been given acopy.
The summaries are available on the "Tools &Re-
sources^pagecf Seattle DC I's webaite atwww.
seatt|e-gov/dpd/tom|mremmupnem/. Paper copies
are available from the Seattle DC| Public Rmoounzo
Center, located on the 2C8h floor ofSeattle Mu-
nicipal Tower at 700 Fifth Ave, Each customer will
receive one duplicable master copy,
Prohibited Rental Agreement Provision: Under
this law, landlords are not allowed to have month-
to-month rental agreements that penalize atemont
for moving out before eminimum number of
months (m.g,. six months) have passed since the
start cd the tenancy, A landlord cannot withhold
a deposit or charge en additional fee ifatenant
gives legal written notice to terminate his or her
tenancy, and moves out after even one month, If
a landlord wants a tenant tu stay aminimum nmm-
berof months, the landlord should offer the tenant
a|eaw leases can contain provisions for penalties
if the tenant moves out before the lease expires.
Tenants can bring a private civil action against
landlords who violate these provisions. A |endAnnd
who is found in violation could be required 1n pay
penalties ma well aa the tenant's actual damages,
court costs, and attorney fees.
4. Condominium and Cooperative Conversion
Ordinances
When o residential building in being converted ho
condominiums or cooperative units, the Condo-
minium and Cooperative Conversion ordinances
require a housing code inspection,
Additionally, for a condominium conversion, etenont
must receive a120-duy written notice of conversion,
U the tenant decides not to buy his/her unit, the tenant
may be eligible to receive the equivalent cd three (3)
month's rent in relocation assistance if the tenant's
annual income, from all sources, does not exceed
8O percent cd the area median income, adjusted for
household size, /\ household which otherwise quali-
fies torrceiven*|ooaLiunbenefitaendwh|ohinoludes
amemberaixty-five(65) years of age or older oran
individual with "special needs'"awdefined in(heordi-
Fora000pemdveoonvorsion,a tenant must
receive 12O`day notice of intention \o sell the
unit. Ufthe tenant decides rot to purchase his/
her unit, the household must bo paid $50O.O0in
relocation assistance.
Relocation assistance io paid directly \o the tenant
by the property owner o/ developer. The as-
sistance, must be paid no later than the time the
housing unit isvacated.
For further information, contact Seattle DC|Code
Compliance sU(286)615^0808.
For more information on these ordinances, call
(206) 615-0808.
5. Third Party Billing Ordinance
This ordinance defines rules for landlords vvho,
by themselves orthrough private companies, bill
tenants for City provided utilities (water,sewer,
gerbege, electric services) separately from their
rent, 'The ordinance applies to all residential
buildings having three or more housing units.
The m|ex require a landlord or billing agent to
provide tenants with specific information about
their biUeand 10 disclose their billing practicea,
either ina rental agreement orina separate writ-
ten notice, It is evio|eiion cd the ordinance if
landlord imposes a new billing practice without
appropriate notice.
A tenant can dispute a third-party billing bynotify-
ing the billing agent and explaining the basis for
the dispute. This must be done within 30 days c8
receiving abill. The billing agent must contact the
tenant to discuss the dispute within 30 days of re-
ceiving notice of the dispute, A tenant can also file
a complaint with the Seattle Off ice odthe Hearing
Examiner or take the landlord tocourt, |f the Hear-
ing Examine/orcourtru|eainfavorgfthetpnant
the landlord could be required tg pay mpenalty.
Additional information
Other groups that can provide information to tenants
and nan\a| property owners include:
f. Solid �Ground
(2O6)G94-6767
wvvw.eo|id-grmund.org
Provides information and counseling or) legal
rights and responsibilities under the State Resi-
dential Land|ond/Tenant Act and other statues.
LEGAL DISCLAIMER: This Tip should not be used asosubstitute for codes and regulations. The applicant is responsible for compliance
with all code and rule requirements, whether o,not described mthis Tip.
SDCi Tip #604—Seattle Lawson Property Owner and Tenant Rights and Responsibilities
2. Legal Action Center
(Catholic Community Services)
(206) 324-68,90,
www.ccsww.org/legalactionceniter
Provides information and assistance to low in-
come tenants faced with eviction,
3. Tenants Union of Washington State
(206) 723-05,00
www.tenantsunion.org
Provides information and counseling on landlord/
tenant problems. The "Tenants Union also pro-
vides workshops, training and technical assis-
tance for advocates and tenant groups on dealing
effectively with landlords.
4. Washington State Attorney General's Office
(206) 464-7744
www.atg.wa.gov
Provides Information about legal rights under
the Residentiai Land lord/Teri ant Act. The Attor-
ney General's Office also has a Consumer Line
Information Service which has recorded tapes on
landlord /tenant topics at (206) 464-6811.
5. Rental Housing Association, of Washington
(206) 283-0816
www,rhawa.org
Provides information on legal rights and respon-
sibilities under the Washington State Residential
Landlordl'Fenant Act and other local codes. King
County Dispute Resolution, Center
(206) 443-9603
www.kcdrc.org
Provides r`nedjaticn services to landlords and ten-
ants. The center acts as an alternative forurn to
the formal court system for settling disputes.
6. Seattle Office for Civil Rights
(206) 684-4500
www.seattle.gov/civilrights,
Enforces, the City's Open Housing Ordinance which
protects tenants against differential treatment based
an race, color, creed, religion, ancestry, national orl-
giin, age, sex, marital status, parental status, sexual
orientation, political ideology or the presence of any
sensory, mental or physical handicap, the use of a
Section 8 Certificate, or the use of a trained guide or
service animal by a disabled person.
7. King County Bar Association
■ Neighborhood Legal Clinics
(206) 267-7070
www.kcba.org/CLS/NLC/clients.htmi
page 7
Call to schedule an appointment for a free
legal consultation. Clinics are available at
r)Urnerous locations. Call between 9 a.m. and
noon, M-Th.
■ Housing Justice Project
(206) 267-7090
www.kcba.org/CLS/HJP/clients.htmi
Represents low41conne tenants subject to eviction.
■ Volunteer Legal Services
(206) 267-7010
www.kcba.o,rg/CLSNLS/clie,nts.htmi
Provides representation through volunteer at-
torneys to clients facing eviction.
8. Washington Landlord Association
(888) 753-9150
www.walandlord.com
Provides information on a wide variety issues
important to rental property owners and managers
throughout Washington State.
9, Washington Lawl-lielp
www.washingtonlawhelp.org
Provides a wide range of information on housing
issues specific to the state of Washington, includ-
ing tenants' rights, eviction, Public and Subsidized
housing, ernergercy shelter and assistance,
horne buyers, horne owners, moloke horne park
tenants, small claims court, energy assistance,
utilities and telecommunications. Information can
be accessed only through the website.
10. Washington Multi-Family Housing Association
(425) 656-9077
www.wmfha.org
Represents the interests of owners of multi-
family properties and' their property management
companies throughout Washington at the federai,
state, and local' levels,
LEGAL DISCLAIMER: This Tip should not be used as a substitute for codes and regulations. The applicant is responsible for compliance
with all code and rule requirements, whether or not described in this 77p.
iN
SDCV Tip #604— Seattle Laws on Property Owner and Tenant Rights and Responsibilities page 8
11. Washington Rental Owners Association
(425) 353-6929
www.waapt.org
A statewide organization that advocates for
landlords at the state tlevel, provides resources
and continuing education for its members, and
promotes the rental housing industry.
Additional landlord/tenant resources are available
on Seattle DCI's website at www.seaftle.gov/dpd/
toolsres,ources/, including:
• Rights & Responsibilities of Landlords and Tenants
• Translated Versions of Landlord-Tenant Information
• Interpreter Service
• Just Cause Eviction and Tenant Reiocatlon
• Conflict Resolution Training
• Fifing a Complaint
Links to electronic versions of Seattle DC1 Tips, Di-
rector's Rules, and the Seattle Municipal Code,
are available on the "Tools & Resources' page
of our website at www.seattle.gov/sdci. Paper
copies of these documents, as well as additional
regulations mentioned in this, Tip, are available
from our Public Resource Center, located on the
20th floor of Seattle Municipal Tower at 700 Fifth
Ave, in downtown Seattle, (206) 684-8467.
LEGAL DISCLAIMER: This Tip should not be used as a substitute for codes and regulations. The applicant is responsible for compliance
with a// code and rule requirements, whether or not described in this Tip.
it
VIM,
Tukwila is a community of many
cultures and backgrounds, with a
population and work force that is
constantly evoNing. As a part of a
dynamic region Tukwila will continue to
grow, adding thousands of new
residents and jobs. One of the first and
most frequent interactions new
residents and employees will have is
with the system of public spaces and
facilities that beautify and support the
wide range of recreational opportunities
offered in the city. This system includes
the lands, facilities and programs owned
and operated by the City of Tukwila, as
well as the public, community based
and private partner providers that
expand the opportunities for fitness, fun
and relaxation.
The Parks, Recreation and Open:, Space
(PROS) Plan provides a responsive,
flexible guide for the continuing
evolution of the system, The City wiH
play a major role in this evolution, as
developer, programmer and partner. The
projects presented in this PROS plan
are the first implementation of the
citywide vision adopted in Tukwila's
Strategic Plan, representing the
alignment of City efforts and opening
doors to State and Federal funding.
Community Priorities
The City of Tukwila has committed itself
as an organization that finds more
effective ways to reach its highly diverse
community of residents,, as well as its
many visitors and employees. During
development of the PROS Plan, the City
reached a wide cross section of the
T vifla Po; <s, Re� t c' u : P)". � (", ,
Jperl 1, 1`k� ,
community. This wealth of public input
revealed six overarching themes that
describe the community's desires for
the park, recreation and open system in
Tukwila.
• Accessible and connected parks and
recreational opportunities
• Parks and Open Space that are safe,
well maintained, and integrated into
their local neighborhoods
• Walking and biking, health and
wellness
• Socializing, gathering and a sense of
community
9 Opportunities for all
• Affordability and convenience
Determining Needs
The PROS Plan defines needs through a,
quantitative and qualitative analysis of
the desires, ideas and concerns
identified by the community, Focusing
on the overarching themes, the analysis
utilized the City's geographic
information system data (CIS) to build a
visual map illustrating how park users
travel to parks. The planning team
conducted further research to
understand the types of recreation
opportunities that exist in these parks
F-IR
E�E[UT �3UK4k6ARY
and recreation areas, and determine
whether there im any capacity hJ
enhance the opportunity available
within these sites.
Addftioma| ama|ysisex8m�med Current
public and private recreation
programming providers, refining how the
City should direct its offerings, and
exploring partnerships that can support
these objectives.
COm�J������l�^ System
' ° M0
Framework
Building from the needs cfthe
community, the PROS Plan defines five
goals for the desired future ofTukwi|a"s
parks, recreation and open space
system. These gVa,lS enhance existing
policies that relate to the park and
reureafion system, Provided in the
Strategic Plan and Comprehensive P/an.
MM
GOAL l:CQNV[MEMTAND
Parks, recreation opportunities and
open spaces are close tO home and work
and are interconnected by safe streets,
off-street trails and public
transportation.
The parks and recreation system builds
community cohesion by providing places
and programs for social interaction and
gathering of all Sizes, with designs that
strengthen Tukvvi|a`S identity.
Park$, recreation opportunities and
public services offer something for all
@ges, abilities and cu|tunas, in seffings'
locations and times that are convenient
to as many as possible.
Parks and facilities are we:U maintain8d,
clean and safe, and programs and
services are welcoming and OooessiWe
for all people.
Parhs, recreation opportunities and
open spaces promote healthy, active
lifestyles, are designed and managed to
engage and enhance the natural
environment and the local economy.
Tu:0wi|o Porks' on6 (JpenSpoce P|on
Building the Concept
The goals of this PROS Pllan define
what should be included in the system
of the future. The concept defines the
vision for the future of parks, recreation
and open space in Tukwila, and shapes
the range of projects presented in this
Plan.
The future parks, recreation and
open space system unites the
community by bringing residents,
employees and visitors together
around opportunities to gather,
play and enjoy the people and
places that make Tukwila unique.
The future concept comprises six
categories.
RN[�RFRONI' PRObECTS
The Green/Duwamish River is a central
feature in Tukwila for both recreational
and environmental reasons. Projects
within this river corridor need to be
recognized for their relationship with
the river and with each other. The PROS
Plan aligns and unifies the efforts of
many riverfront projects.
PAUNER, SITES
Building a complete system in Tukwila
relies on the use of partner sites
incWding the Tukwila Pool, school sites,
community organizations and sites that
are owned or operated in partnership
with other public entities. Expanding
and protecting public access to these
sites is critical to meeting community
needs.
1 U1,vA,,,) F'nd<..r, Reciecflion w1cl (")pen e Nun
EXE Irv. U11WEE SUP,9AARY
The future system provides safer, more
direct and more enjoyable connections
to park and recreation facilities.
Building on the City's past work to
create walking and rolling connections,
the future park system includes
numerous new links to make getting
there more fun.
EXPM�DED CAFA(.�ITFY
The future system requires more
flexibility to support the changing needs
of users. There are several parks that do
not meet adopted standards, but with
potential to become more appealing. In
addition, each acre of park land will
have to support more people.
Investments in existing sites and
facilities will expand the capacity of the
system. Of particular importance is
creating the spaces for residents to
gather and build a broader community
connection. Parks are also valued by
visitors and workers.
F-IM
SUSTAINABLE STEWARDSH\P
LookimgtOthe Unne-term, sustainabi|ity
in Tukwi|a"6 parks, recreation and open
space system vv[i| include caring for the
environmental, SOCia| and financial well-
being of the community. The goals Vf
the PROS Plan will help focus resources
pn the most important shtesand
programs to maximize the benefits and
inspire another generation ofusars'
New approaches torecreation
pnogrennmingxvih expand the reach of
the City and partner organizations. By
creating space for experimentation, the
City can explore and find ways to better
serve ethnic and linguistic conmmmn�ihes
as well as the more varied needs of
workers in the city.
iv
This effort, like all of the above, wi0 not
succeed vv1i1homtthe help Ofcommunity,
City and private partners. The City will
need tO proactively establish and build
new relationships 10 extend the
resources invested.
Prioritizing and Funding
With the resource constraints (land.
staff, acquisition and operational
funding) facing Tukwila, prioritizing and
funding projects will require both
direction and f|exibiU1y. The system of
prioritization accommodates the reality
that many projects Can not move
forward until at least one important
Condition is met (land availability,
neighboring redevelopment, grant
success, wtc.) and other projects ane
a�ready committed and moving forward,
The remaining p�rojocts are the ones that
will require more conversation and
prioritization by the City. For all projects
in existing and future parks,
maintenance and operations needs must
be a key factor when bamimgde6sions.
Guided by this Plan, the City can be
more flexible with capital dollars to
match grants and supplement other
community resources.
Tu��i|o Porko, R� �rmotonon(I {]pen oayP|on
Call to Ac*CJO
Tukwi|a'sfUtum3 path will not bea
straight one. AS has occurred in the
past' the city will continue to undergo
change and growth into the future.
Assumptions in this Plan are based on
this reality, and instead of setting a
fixed, linear path from one project to
the next, this Plan outlines the
strategies needed tQ respond tothe ever
evolving face of Tukwila. Novv, it should
be the: City's objective tO rely onthis
document asa resource and guide,
continuously measuring progress,
making adjustments where needed, and
celebrating successes.
The community conversations that
defined the Strategic Plan have
continued throughout the PROS
planning procmsa. Plan implementation
is continuation, rather than 8
completion of those conversations. With
adequate resources and the continued,
dedicated effort of City leadership, staff
and community partners, Tukwila can
adapt and grow the parks, recreation
and open space system to meet the
naedsaind challenges of this, diverse
community.
EXE[UTNE3UUMARY
M