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City of Tukwila
Planning and Community
Development Committee
Hannah Hedrick, Chair
Jovita McConnell
Verna Seal
Distribution:
H. Hedrick
J. McConnell
V. Seal
Mayor McLeod
M. Wine
A. Youn
L. Humphrey
AGENDA
MONDAY, AUGUST 11, 2025 – 5:30 PM
ON-SITE PRESENCE:
TUKWILA CITY HALL
CITY COUNCIL CONFERENCE ROOM
6200 SOUTHCENTER BOULEVARD
REMOTE PARTICIPATION FOR THE PUBLIC:
1-253-292-9750, ACCESS CODE: 866559860#
Click here to: Join Microsoft Teams Meeting
For Technical Support: 1-206-433-7155
Item Recommended Action Page
1.
BUSINESS AGENDA
a. Cannabis retail business zoning considerations.
[Cont. from 7/14 Planning & Community Development Committee]
Nora Gierloff, Director of Community Development
b. Discussion on tenant protections.
Laurel Humphrey, Legislative Analyst
a. Forward to 8/25 C.O.W. &
9/8 Special Meeting.
b. Discussion only.
Pg.1
Pg.13
2. MISCELLANEOUS
Next Scheduled Meeting: September 8, 2025
City of Tukwila
Thomas McLeod, Mayor
INFORMATIONAL MEMORANDUM
TO: Planning & Community Development Committee
FROM: Laurel Humphrey, Legislative Analyst
Nora Gierloff, DCD Director
CC: Mayor McLeod
DATE: July 14, 2025 amended August 5, 2025
SUBJECT: Cannabis Retail Business Zoning Considerations
ISSUE
The City Council requested options to potentially expand zoning for cannabis retail establishments
and staff has developed an ordinance reflecting Committee direction.
BACKGROUND
Initiative 502 passed in November 2012 and created a comprehensive regulatory approach on
cannabis with state-licensed producers, processors and retailers. Initiative 502 received a yes vote in
all but one Tukwila precinct. HB 2870 created a Marijuana Social Equity Program in 2020 to address
historic racial inequity in enforcement of marijuana laws. In 2022, 2SHB 1210 replaced all references
to “marijuana” in state statutes and regulations with the word “cannabis.”
•On September 3, 2013, the City Council adopted Ordinance 2407 to implement Initiative 502,
determining that cannabis retailers, producers and processors are permitted uses in Tukwila
Valley South and Heavy Industrial Zones, subject to the 1,000-foot exclusion rule (see
attachment A).
•In 2015, 2SSB 5052 and HB 2136 allowed cities to reduce buffers from 1000 to 100 feet around all
entities except elementary and secondary schools and public playgrounds.
•In 2017, the City Council received two separate requests to expand permitted cannabis retail
zones but denied both on February 13, 2017.
•In September 2019, the Finance Committee discussed revenue and zoning considerations and
decided against recommending any changes to the City Council at that time.
•In June 2021, the Finance & Governance Committee discussed revenue potential and decided
against recommending any changes to the City Council.
•On May 13, 2024, the Planning and Community Development Committee discussed expanding
retail cannabis zoning and recommended the topic return to the full Council for discussion in
November 2024.
•On June 10, 2024, the Council discussed expanding retail cannabis zoning, heard pro and con
public comments, and reached consensus to continue further discussions in 2025.
•On July 14 the PCD Committee discussed retail cannabis locations further.
DISCUSSION
Zoning
Currently, cannabis retail, production and processing are only permitted in the Tukwila Valley South,
Tukwila South Overlay, and Heavy Industrial Zones. (Read more in the 8/26/13 staff report.) The City
has received requests to expand those zones to include Regional Commercial Mixed Use (RCM) and
the Southcenter area. Within the Southcenter area, the Tukwila Urban Center Commercial Corridor
and Workplace Districts (TUC-CC and TUC-WP) might be most appropriate as they only allow limited
residential uses and are largely unaffected by the State buffers even if those are kept at the maximum
1,000-foot distance. 1
INFORMATIONAL MEMO
Page 2
Buffer Distances
State regulations listed in WAC 314-55-050 prohibit issuance of licenses for cannabis businesses
within 1,000 feet of the following uses:
(a)Elementary or secondary school;
(b)Playground;
(c)Recreation center or facility;
(d)Child care center;
(e)Public park;
(f)Public transit center;
(g)Library; or
(h)Any game arcade (where admission is not restricted to persons age 21 or older).
Cities may reduce those buffer distances to not less than 100 feet except for schools and playgrounds.
Attachments A, B and C show the effect of the 1,000, 300 and 500- foot buffers around the above uses.
Reducing these buffer distances where allowed would increase the location options for cannabis
businesses. Which, if any, buffers would the Council consider reducing?
Current Licenses
Through the I-502 rulemaking process, the Liquor and Cannabis Board adopted regulations on the
number of cannabis retail store licenses for jurisdictions, determining a maximum of two for Tukwila.
A third cannabis retail license was granted in Tukwila as part of the social equity effort per E2SHB 2870
and SB 5080. All cannabis licensing is regulated and enforced by the Washington State Liquor and
Cannabis Board. There are currently active licenses for Tukwila’s three retail allotments: Mount Baker
Retail Partnership, LLC (12539 E Marginal Way S), Dash & Wrigley LLC (13003 Tukwila International
Boulevard), and Kahn Holding (5301 Southcenter Blvd, Suite B). None of these are open and
operating currently, likely due to difficulty finding appropriate locations. Licensed retailers are
required to be open and operational, but licenses can be held without opening if they obtain a title
certificate relieving them of the requirement to be open based on a moratorium, ban, or other zoning
restriction, or if the business is temporarily discontinued while they move locations.
Sales, B&O and Excise Tax Revenue
Active cannabis retail stores would generate three separate revenue streams: excise tax, sales tax, and
B&O tax. The state cannabis excise tax and its distribution has changed over time and can be altered
in any future legislative session. The State currently taxes cannabis through a single excise tax of 37%
at the time of retail sale, in addition to the regular state and local sales tax, and $30M of that statewide
revenue is shared with cities, towns and counties. There are two components to the distributions: 1)
per capita share to all jurisdictions that allow the siting of producers, processors and retailers; 2) retail
share to all jurisdictions where licensed retailers are physically located and in proportion to total
statewide retail sales. Tukwila does not have any open and operating cannabis businesses and
therefore does not receive sales-based revenue. Tukwila’s per capita distribution has been:
Year* Revenues
2024 $37,276
2023 $36,302
2022 $32,334
2021 $24,013
2020 $23,479
2019 $23,123
2018 $23,364
*State Fiscal Year: July 1 – June 30
2
INFORMATIONAL MEMO
Page 3
Beyond the excise tax, cannabis retail operations would generate sales and B&O tax. For every $1
million in cannabis sales, the City could expect to receive $9,000 in annual sales tax revenue (10% tax
rate less the fee taken by the state for collection).
Staff looked up average retail sales within 5-miles of a cannabis retailer in the Ikea District of Renton,
and for Jan-December 2023, the average per store was $4.1 million. Hypothetically, if three retailers in
Tukwila had combined yearly sales of $12M, the City could receive $108,000 of sales tax and $6,000 in
B&O tax in addition to the increased excise revenue described above. Another hypothetical example
comes from the City of Covington, which has two cannabis retailers and a residential population similar
to Tukwila. In 2023, the two Covington retailers had combined sales of $12.8 million. Using this as
another hypothetical scenario, the City could receive $173,000 in sales tax and $9,000 in B&O tax.
It is difficult to estimate what Tukwila would receive for its tax share if the three state-issued licenses
were open and operational businesses. The excise tax formula depends not only on population but
also on cannabis retail sales as a proportion of total retail sales, as well as the number/total
population of cities and counties that prohibit marijuana. MRSC used to offer an estimate calculator
but discontinued it due to complexity of the formula. While the revenue potential is difficult to
predict, we can look to neighboring jurisdictions for insight, while recognizing that their larger
residential populations result in greater shares than Tukwila would receive in similar circumstances.
The chart below shows the 2024 cannabis excise revenue for neighboring cities with open retailers:
City (number of locations) Population 2024 Cannabis Excise Revenue*
Burien (2) 50,216 $164,000
Auburn (4) 83, 757 $238,000
Des Moines (2) 32, 177 $135,000
Renton (4) 102,716 $300,000
Covington (2) 21,374 $104,942
*State Fiscal Year: July 1 – June 30
Based on these scenarios, if three retail locations were open and operational, Tukwila could expect to
see between $200,000 and $275,000 in tax revenue annually.
Crime & Safety around Retail Locations
Cannabis retail stores are frequent targets for theft, typically in the form of armed robberies or smash
and grab burglaries. Cannabis retailers have access to state-chartered credit unions and banks for
financial services, and there are a number of institutions in Washington that provide service to the
industry. The table below demonstrates the incidents of all robberies and burglaries in the state. It is
important to note that in 2021, the State changed the police pursuit law, limiting the ability of officers
to pursue suspects. In 2023, the law was changed to again allow police to pursue drivers if there is
reasonable suspicion that a crime has occurred. This took effect on June 6, 2024.
3
INFORMATIONAL MEMO
Page 4
Source: Uncle Ike's i502 Robbery Tracker
Alarms and surveillance systems are required at cannabis locations per WAC 314-55-083. Through the
code update process, the City Council could consider establishing permitting requirements designed
to address theft and crime concerns. Some suggestions are bollards to prevent cars from being used
to smash open doors, commercial-grade non-residential door locks and/or window locks, and shatter
resistant window film.
RECOMMENDATION
The Committee provided direction on the following topics:
•Any additional zones to allow cannabis retail uses: RCM, TUC-CC, and TUC-WP;
•Any changes to buffer distances from sensitive uses: Retain 1,000’ buffers around schools,
playgrounds and parks and potentially reduce others to 300’ or 500’; and
•Any security features above those required by the State: Require bollards, commercial door and
window locks, shatter resistant window film and lighting.
The draft ordinance in Attachment D reflects this guidance. The Council is being asked to hold a
public hearing at the Committee of the Whole meeting on August 25th and consider approval of the
ordinance at the September 8th, 2025 Special Meeting.
ATTACHMENTS
A.Map showing current cannabis zoning and buffers in Tukwila
B.Map showing 300 foot cannabis buffers
C.Map showing 500 foot cannabis buffers
D.Draft Ordinance
4
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7
2025 Legislation: Title Cannabis Regulations Page 1 of 5
Version: 8/4/25
Staff: N. Gierloff
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, UPDATING CANNABIS USE
REGULATIONS; AMENDING ORDINANCE NOS. 2741 §3
(PART) AND 2765 §87; AS CODIFIED AT TUKWILA
MUNICIPAL CODE TUKWILA MUNICIPAL CODE (TMC)
CHAPTER 18.06, “DEFINITIONS,” AND TMC SECTION
18.50.210; PROVIDING FOR SEVERABILITY; AND
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, on November 6, 2012, Initiative 502 was passed by the voters of the State
of Washington, providing a framework under which cannabis producers, processors, and
retailers can become licensed by the State of Washington; and
WHEREAS, the Washington State Liquor and Cannabis Board (“LCB”) has issued three
licenses for cannabis retailers within the City of Tukwila; and
WHEREAS, cities, towns, and counties in Washington State can choose to prohibit
or to designate appropriate zones for state-licensed cannabis businesses because
Washington local governments have authority to enact legislation regulating land uses
within their jurisdictions; further, cities, towns, and counties may file objections to the
granting of a state license at a particular location, and the LCB must give “substantial
weight to objections”; however, the LCB has final authority over whether to grant or deny
a state license to operate a cannabis business in Washington State per RCW
69.50.331(10); and
WHEREAS, the City Council has studied the land use and other secondary impacts of
recreational marijuana use, and intends to update the zoning ordinance controlling these
uses; and
WHEREAS, the State Environmental Policy Act (SEPA) Responsible Official issued a
threshold decision for this draft ordinance on July 22, 2025, which was not appealed; and
WHEREAS, on August 25, 2025, following adequate public notice, the City Council held
a public hearing on the draft zoning ordinance; and
DRAFT
8
2025 Legislation: Title Cannabis Regulations Page 2 of 5
Version: 8/4/25
Staff: N. Gierloff
WHEREAS, the City Council after due consideration, believes that certain amendments
to the City's zoning code are necessary addressing use districts, buffer distances, and safety
features;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Ordinance Nos. 2741 §3 (part) and 2765 §87 (part), as codified at various
sections of Tukwila Municipal Code (TMC) Chapter 18.06, “Definitions,” is hereby amended
to read as follows:
18.06.551 MarijuanaCannabis
"MarijuanaCannabis" means all parts of the plant Cannabis, whether growing or not,
with a THC concentration greater than 0.3 percent on a dry weight basis; the seeds
thereof; the resin extracted from any part of the plant; and every compound, manufacture,
salt, derivative, mixture, or preparation of the plant, its seeds or resin. The term does not
include the mature stalks of the plant, fiber produced from the stalks, oil or cake made
from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture,
or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or
cake, or the sterilized seed of the plant which is incapable of germination.
18.06.552 MarijuanaCannabis Processor
"MarijuanaCannabis processor" means a person licensed by the state Liquor and
Cannabis Board to process marijuanacannabis, whether medical or recreational, into
marijuanacannabis concentrates, useable marijuanacannabis and marijuanacannabis-
infused products; package and label marijuanacannabis concentrates, useable
marijuanacannabis and marijuanacannabis-infused products for sale in retail outlets; and
sell marijuanacannabis concentrates, useable marijuanacannabis and
marijuanacannabis-infused products at wholesale to marijuanacannabis retailers.
18.06.553 MarijuanaCannabis Producer
"MarijuanaCannabis producer" means a person licensed by the state Liquor and
Cannabis Board to produce and sell marijuanacannabis, whether medical or recreational,
at wholesale to marijuanacannabis processors and other marijuanacannabis producers.
18.06.554 MarijuanaCannabis Retailer
"MarijuanaCannabis retailer" means a person licensed by the state Liquor and
Cannabis Board to sell marijuanacannabis concentrates, useable marijuanacannabis,
and marijuanacannabis-infused products in a retail outlet, for either recreational or
medical use.
18.06.557 MarijuanaCannabis-infused Products
"MarijuanaCannabis-infused products" means products that contain
marijuanacannabis or marijuanacannabis extracts; are intended for human use, whether
medical or recreational; and have a THC concentration within the limits set forth in RCW
9
2025 Legislation: Title Cannabis Regulations Page 3 of 5
Version: 8/4/25
Staff: N. Gierloff
69.50.101. The term "marijuanacannabis-infused products" does not include either
useable marijuanacannabis or marijuanacannabis concentrates.
18.06.558 MarijuanaCannabis Concentrates
“MarijuanaCannabis concentrates” is as defined under RCW 69.50.101.
18.06.864 Useable MarijuanaCannabis
"Useable marijuanacannabis" means dried marijuanacannabis flowers. The term
"useable marijuanacannabis" does not include marijuanacannabis-infused products.
Section 2. Ordinance Nos. 2741 §3 (part) and 2765 §87 (part), as codified at TMC
18.50.210, “Marijuana Related Uses,” is hereby amended to read as follows:
18.50.210 MarijuanaCannabis Related Uses
A. Applicable Regulations: The production, processing and retailing of
marijuanacannabis is and remains illegal under federal law. Nothing herein or as provided
elsewhere in the ordinances of the City of Tukwila is an authorization to circumvent federal
law or provide permission to any person or entity to violate federal law. Only state-licensed
marijuanacannabis producers, marijuanacannabis processors, and marijuanacannabis
retailers may locate in the City of Tukwila and then only pursuant to a license issued by
the State of Washington. No cannabis business may be conducted as a home occupation
or as part of a dwelling unit. The purposes of these provisions is solely to acknowledge
the enactment by the state Liquor and Cannabis Board of a state licensing procedure and
to permit, but only to the extent required by state law, marijuanacannabis producers,
processors, and retailers to operate in designated zones of the City.
B. Prohibited zones: The production, processing, selling, or delivery of
marijuanacannabis, marijuanacannabis-infused products, or useable marijuanacannabis
may not be conducted in association with any business establishment, dwelling unit, or
home occupation located in any of the following areas:
Community Residential
High Density Residential
Mixed Use Office
Office
Residential Commercial Center
Neighborhood Commercial Center
Regional Commercial
Regional Commercial Mixed Use
Tukwila Urban Center
Commercial/Light Industrial
Light Industrial
Manufacturing Industrial Center/Light
Manufacturing Industrial Center/Heavy
C. Buffer Distances: No cannabis business may be established within 1,000 feet
of the perimeter of the grounds of any elementary or secondary school, public park, or
10
2025 Legislation: Title Cannabis Regulations Page 4 of 5
Version: 8/4/25
Staff: N. Gierloff
playground or 500 feet from the entities listed below. The distance will be measured as
the shortest straight-line distance from the property line of the proposed building or
business location to the property line of the listed use.
(a) Recreation center or facility;
(b) Child care center;
(c) Public transit center;
(d) Library; or
(e) Any game arcade (where admission is not restricted to persons age 21 or
older).
D. Safety Features. All cannabis business locations shall install protective barriers,
such as bollards at entrances, and shatter-resistant film on all ground level windows. All
door and window locks shall be commercial grade. All cannabis business locations shall
Pprovide security lighting per WAC 296-832-30015.
E. Violations.
1. Any violation of this section is declared to be a public nuisance per se, and,
in addition to any other remedy provided by law or equity, may be abated by the City
under the applicable provisions of this code or state law. Such violations shall be enforced
and appealed with the procedures set forth in TMC 8.45. Each day any violation of this
section occurs or continues shall constitute a separate offense.
2. Any person violating or failing to comply with the provisions of this section
of the Tukwila Municipal Code shall be subject to enforcement as prescribed in TMC 8.45
and the issuance of a Notice of Violation and Order, in accordance with TMC 8.45.070,
that shall carry with it a cumulative monetary penalty of $1,000.00 per day for each
violation from the date set for compliance until compliance with the Notice of Violation and
Order is achieved.
3. In addition to any penalty that may be imposed by the City, any person
violating or failing to comply with this section shall be liable for all damage to public or
private property arising from such violation, including the cost of restoring the affected
area to its condition prior to the violation.
4. Any penalties imposed under this section may be doubled should the
violation(s) occur within 1,000 feet of the perimeter of the grounds of any elementary or
secondary school, public park, or playground or within 500 feet of a, recreation center or
facility, child care center, public park, public transit center, or library, or any game arcade
to which admission is not restricted to persons aged 21 years or older, as such terms are
defined in WAC 314-55-010 as now enacted or hereafter amended.
FC. Medical marijuanacannabis: Growth of medical marijuanacannabis for the
personal medical use of an individual qualifying patient as defined in RCW 69.51A.010 is
subject to strict compliance with all state regulations, procedures and restrictions as set
forth or hereafter adopted at RCW 69.51A.
GD. Cooperative prohibited: The establishment, location, operation, licensing,
maintenance or continuation of a cooperative, as described in RCW 69.51, or medical
11
2025 Legislation: Title Cannabis Regulations Page 5 of 5
Version: 8/4/25
Staff: N. Gierloff
cannabis collective gardens or dispensaries as described in RCW 69.51A.085, is
prohibited in all zones of the City. Any person who violates this subsection (TMC
18.50.210.D) shall be guilty of a gross misdemeanor and shall be punished by a fine not
to exceed $5,000.00, or by imprisonment in jail for a term not exceeding one year, or by
both such fine and imprisonment.
HE. Additional Relief. The City may seek legal or equitable relief to enjoin any acts
or practices and abate any condition which constitutes or will constitute a violation of this
section of the TMC. The remedies and penalties provided herein are cumulative and shall
be in addition to any other remedy provided by law.
Section 3. Corrections by City Clerk or Code Reviser Authorized. Upon
approval of the City Attorney, the City Clerk and the code reviser are authorized to make
necessary corrections to this ordinance, including the correction of clerical errors;
references to other local, state or federal laws, codes, rules, or regula tions; or ordinance
numbering and section/subsection numbering.
Section 4. Severability. If any section, subsection, paragraph, sentence, clause or
phrase of this ordinance or its application to any person or situation should be held to be
invalid or unconstitutional for any reason by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of the
remaining portions of this ordinance or its application to any other person or situation.
Section 5. Effective Date. This ordinance or a summary thereof shall be published
in the official newspaper of the City, and shall take effect and be in full force five days
after passage and publication as provided by law.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at
a Regular Meeting thereof this _______ day of ___________________, 2025.
ATTEST/AUTHENTICATED:
Andy Youn-Barnett, CMC, City Clerk Thomas McLeod, Mayor
APPROVED AS TO FORM BY: Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Office of the City Attorney Ordinance Number:
12
City of Tukwila
Thomas McLeod, Mayor
INFORMATIONAL MEMORANDUM
TO: Planning & Community Development Committee
FROM: Laurel Humphrey, Legislative Analyst
DATE: August 4, 2025
SUBJECT: Washington State Renter Protection Update
ISSUE
House Bill 1217 was signed into law in May 2025 and limits rent and fee increases for
residential and manufactured/mobile home tenancies. Key provisions include:
Residential Rent Increase Limits: Under the Residential-Landlord Tenant Act (“RLTA”),
landlords cannot increase rent for existing tenants by more than 7% plus the Consumer Price
Index (CPI) or 10%, whichever is less, in any 12-month period. On June 1 of each year, the
state will publish annual calculations of the maximum increase allowable using CPI. The
limits do not apply to rent adjustments after a tenant vacates a unit. Landlords must provide
notice of rent increase in a format established by the state law.
Rental Parity: Landlords must provide rental parity between lease types for a specific
dwelling unit, which means a landlord may not charge more than a 5% difference in rent
depending on the type of lease.
New Tenancy Increases: Under both the RLTA and the MHLTA, landlords cannot increase the
rent during the first 12 months of a tenancy.
Manufactured/Mobile Home Rent Increase and Fee Limits: Rent increases for manufactured
homes are capped at 5% during any 12-month period. Move-in fees and security deposits
should total no more than one month’s rent. Late fees are capped between 2-5% of the total
monthly rent, depending on lateness.
Notice Requirements: Landlords must provide 90 days' written notice of any rent increase, an
increase from the previous 60-day requirement.
Landlord Resource Center: The bill required the Department of Commerce to create an
online landlord resource center to provide information about available programs and
services.
Enforcement: The Washington State Attorney General has the power to enforce the
provisions of the law, including bringing actions and imposing penalties for violations.
Tenant Protections: Tenants have the right to challenge unlawful rent increases and can
terminate their lease without penalty if a landlord violates the law.
13
INFORMATIONAL MEMO
Page 2
Exemptions: The law includes specific exemptions, such as for newer properties, certain non-
profit organizations, properties with specific affordable housing designations, and fourplex or
smaller housing units where the landlord lives in one of the units. Any landlord claiming an
exemption must include supporting facts in the written notice of the rent increase.
Public Outreach
Even though this is a state law, the City can assist in helping renters and landlords
understand the changes to the law. Staff intends to put information online and publish
articles in the Hazelnut and Utility insert. The Washington State Attorney General’s website
publishes a comprehensive list of resources to help renters that the city can help promote.
The City can include information with the yearly license renewal email to landlords via the
rental inspection program.
Draft City Ordinance – Proposed Renter Protections
Since 2023, the Tukwila City Council has been discussing the possibility of enhancing renter
protections locally and several iterations of a draft ordinance have been before Committees
and Council, most recently in September 2024. Provisions of the most recent draft ordinance
before the Council include:
Distribution of Information – the City will prepare written summaries of legal
protections and landlords would be required to provide them to prospective renters,
to new tenants, and to existing tenants.
Deposit Requirements - upfront costs over and above the 1st month’s rent are capped
at a total of 1-month rent, with a right to pay in installments over 6 months, or 2
months for leases shorter than 6 months.
Late Fees – Fees for late payment of rent shall not exceed 1.5% of monthly rent.
Rent Due Dates – Tenants may adjust rent due date if on a fixed income.
Social Security Numbers – Landlords may request but not require a social security
number for purpose of screening prospective tenants.
These provisions are not addressed in HB 1217. Because the City Attorney has provided
extensive input on this matter, a copy of the 8/23/24 staff report is included for reference.
RECOMMENDATION
This is an opportunity for the Committee to discuss HB 1217 and the 2024 draft ordinance.
ATTACHMENTS
Exhibit 1: Informational Memo updated 8/23/24
Exhibit 2: Draft Ordinance
14
City of Tukwila
Thomas McLeod, Mayor
INFORMATIONAL MEMORANDUM
TO: Tukwila City Council
FROM: Laurel Humphrey, Legislative Analyst
Kari L. Sand, City Attorney
Nick Morton, Assistant City Attorney
DATE: May 31, 2024 (Updated August 23, 2024, see page 7 for new information)
SUBJECT: Renter Protection Policy Proposals
ISSUE
Draft ordinance regarding enhanced renter protections.
BACKGROUND
In May 2023, the Transit Riders Union (TRU) approached the City Council about adding
additional regulations/protections for tenants in Tukwila.
The Planning and Community Development (PCD) Committee discussed the proposals at its
May 1, 2023 meeting and requested that the City Attorney prepare a preliminary opinion on
legal risk prior to any legislation being drafted. The Committee discussed the legal analysis at
its August 7, 2023 meeting and subsequently directed staff to prepare an ordinance including
specific components that posed limited risk and bore minimal impact to city resources and
staffing.
The Committee further discussed the draft ordinance at its November 7, 2023 meeting with
revised recommendations based upon a pending legal challenge against the City of Kenmore.
The draft ordinance no longer included protections associated with Rent Increase Notices or
Just Cause Eviction. The Committee directed staff to conduct public outreach on the draft,
which was done via inclusion in the renewal notices sent to landlords enrolled in the
Residential Rental Business License and Inspection Program as well as an information page
on the city website, a newsfeed post, and a request for comment in the e-Hazelnut.
In March 2024, TRU representatives made public comment and distributed a letter outlining a
“minimum set of policies that would be acceptable,” included in the public comment
attached to this memo.
Ordinance Draft
The draft ordinance as recommended by last year’s PCD Committee in November 2023
includes the following components:
•Distribution of Information – the City will prepare written summaries of legal
protections and landlords would be required to provide them to prospective renters,
to new tenants, and to existing tenants.
EXHIBIT 1: 2024 MEMO
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• Deposit Requirements - upfront costs over and above the 1st month’s rent are capped
at a total of 1-month rent, with a right to pay in installments over 6 months , or 2
months for leases shorter than 6 months.
• Late Fees – Fees for late payment of rent shall not exceed 1.5% of monthly rent.
• Rent Due Dates – Tenants may adjust rent due date if on a fixed income.
• Social Security Numbers – Landlords may request but not require a social security
number for purpose of screening prospective tenants.
City Attorney Analysis
In advance of the April 22, 2024 Committee of the Whole meeting, the City Attorney prepared a
legal analysis of TRU’s March 24, 2024 proposals. The analysis used a traffic light metaphor,
assigning green to proposals that carry a low risk, yellow to proposals that carry a medium level
of legal risk, and red to proposals that carry a high level of legal risk.
The following proposals were assigned green, meaning they carry low legal risk. All these
proposals are already included in the current draft ordinance . Council has received both
positive and negative responses to these provisions from public commenters. Analysis of the
criticisms is included in the public comment section below.
• Cap move-in costs additional to first month’s rent at no more than one month’s rent,
and allow payment in installments.
• Social security number cannot be required for rental applications .
• Renters on fixed income can change their rent due date .
The following proposals were assigned red, meaning they present high legal risk or are
otherwise not advisable. The City Attorney advises against implementing these proposals.
• Tenant can terminate lease and move with 20 days’ notice if rent is increased by 3% or
more.
• Tenant is entitled to landlord-paid relocation assistance for large rent increases.
• Strengthen just cause protections, including closing the “lease loophole.”
• Ban unfair, deceptive, and abusive practices.
The following proposals were assigned yellow, meaning they present a medium level of legal
risk. Below is additional analysis of these proposals for Council’s consideration.
• Require 180 days’ notice for rent increases of 3% or more .
o Analysis – State law requires 60 days’ notice of rent increases. A significant
number of neighboring cities have imposed longer notice periods, usually
either 120 days or 180 days. However, Kenmore’s provision extending the
notice period to 120 days is one of the provisions challenged by the
Washington Business Properties Association in the lawsuit that is still pending
in King County Superior Court (further discussion of the case is in the litigation
section below).
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• Prohibit landlords from raising rent on housing units that are defective, unsafe, or
unlivable.
o Analysis – The draft ordinance does not currently include this provision. Burien
and SeaTac have passed versions of this proposal, both of which prohibit rent
increases where the dwelling is in violation of any element of RCW 59.18.060.
These provisions are quite broad, as this RCW section lists all landlord duties,
such as the requirement to maintain a duplicate key to each unit, which
arguably is unrelated to a dwelling being defective, unsafe, or unlivable.
Additionally, there is some risk that a provision of this kind could be challenged
under RCW 35.21.830, which prohibits cities from enacting any ordinances that
“regulate the amount of rent to be charged.” By broadly prohibiting landlords
from raising rents, a court could plausibly find the ordinance to be a “control
on rent” that is preempted by state law. Thus, the recommendation is to only
prohibit rent increases in instances where the dwelling is defective, unsafe, or
unlivable and not to prohibit rent increases more broadly for any violation of
RCW 59.18.060.
• Cap late fees at $10 per month and ban notice delivery fees.
o Analysis – The draft ordinance includes a cap on late fees at 1.5% of monthly
rent. The City received public comment both in support and against this
provision. Raising or reducing the percentage or dollar value of the late fee cap
does not affect the legal risk of this provision.
4/22/24 Committee of the Whole
The Committee of the Whole discussed the draft ordinance at its April 22, 2024 meeting and
referred it back to the Planning & Community Development Committee for additional
discussion, to be followed up by a Full Council Work Session. The following themes emerged
from Councilmember comments and questions:
Response to public comments
The Council expressed a desire to more fully consider the input received from landlords
regarding potential tenant protection measures. Greg and Vanessa Zaputil, who are landlords
in Tukwila, submitted a 4-page letter addressing each of the provisions of the draft ordinance.
They also provided public comment at the COW meeting held on April 22, 2024. Their key
points are representative of the concerns presented by other public commenters that were
critical of the provisions currently included in the draft ordinance. Below is an analysis of
their criticisms:
8.47.030 – Distribution of information
• Criticism – The requirement that distribution of information must take place “within
30 days” after being made available by the City is confusing. It is unclear when the
clock starts on the 30 days.
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• Analysis – Is there a feasible method of providing notice to all landlords that the
informational packet has been released, such that there is a concrete date on which
the 30 days commences? The City could resolve this concern by posting on its website
with any new informational packet the start and end dates for any new 30-day clock.
8.47.040 – Deposit requirements and installment payments
• Criticism – Landlords should not be limited in their ability to collect deposits and
move-in fees because costs, bills, and expenses have increased for landlords. Also,
state law already allows for installment payments and requires checklists and trust
accounts for tenant deposits.
• Analysis – Whether this provision is too burdensome for landlords is a policy question
to be weighed by Council. It is true that chapter 59.18 RCW already allows for
installment payments. However, the draft ordinance is more robust. The ordinance
allows for six installment payments while state law only allows for up to three. It is
also true that state law requires checklists and trust accounts for deposit funds. The
draft ordinance adopts those requirements, though state law applies whether or not
the City adopts it. Accordingly, the City could remove the checklist and trust account
requirements from the draft ordinance for clarity, if desired.
8.47.050 – Late fees
• Criticism – The cap on late fees in the draft ordinance is too harsh and will eliminate
the incentive for tenants to pay rent on time.
• Analysis – This is a policy question to be weighed by Council. The cap is at 1.5% in the
current draft of the ordinance. Neither increasing nor reducing the cap will affect the
legal risk of this provisions, which is relatively low.
8.47.060 – Due date adjustment
• Criticism – Landlords have bills with due dates that cannot be adjusted, such that
allowing for flexible rent due dates will affect the landlords’ ability to pay their bills on
time.
• Analysis – This is a policy question to be weighed by Council. This provision presents
very low legal risk.
8.47.070 – Social security numbers.
• Criticism – Prohibiting landlords from requiring social security numbers (SSN) will
limit their ability to verify that applicants are able to pay their rent and do not pose a
threat to the property or other residents. Many landlords prefer to run their own
background checks on applicants using SSNs.
• Analysis – This is a policy question to be weighed by Council. This provision presents
very low legal risk. The practical implications of this provision relate to the type of
credit/background check a landlord can do with and without an SSN. In general, a SSN
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is not required to run a credit report or criminal background check, though the use of
a SSN arguably ensures more accuracy in these reports. Many typical background
checks used by landlords do require a SSN. However, there are methods of conducting
background checks without a SSN. One such method is a “reusable tenant screening
report,” which allows an applicant to obtain a screening report from a consumer
reporting agency and submit the report to multiple landlords. This also helps
applicants avoid paying screening fees every time they apply to a landlord. The draft
ordinance requires landlords to accept these portable reports. Under RCW 59.18.030,
these reports must include a credit report, criminal history, eviction history,
employment verification, and rental history. There are also tenant screening services
that landlords can use directly that do not require a SSN, though some landlords fear
that these reports may not be as accurate (as noted by several landlords during public
comment).
8.47.090 – Violations and Penalties
• Criticism – The enforcement provision of the ordinance is too harsh. The ordinance
should include escalating warnings prior to punitive measures.
• Analysis – The draft ordinance creates a private right of action to enforce these
provisions, meaning that a tenant must bring a claim against a landlord. Adding a
structure of escalating warnings would create an administrative burden on the City.
Whether the penalties themselves are too harsh is a policy question to be weighed by
Council.
Status update of related pending/completed litigation
Washington Business Properties Association (“WBPA”) v. City of Kenmore (pending) -
There are no new developments in this case. Below is a summary of the claims brought
against Kenmore in this matter:
• Requires 120-days’ written notice for rent increases greater than 3% and 180-days’
written notice for rent increases greater than 10%.
o WBPA argues that this provision is preempted by RCW 35.21.830, which states
that “controls on rent” are a state concern and may not be regulated by local
governments. The strength of this argument is questionable, as this provision
requires additional notice but does not limit the amount of rent chargeable.
That said, it is still unknown how the courts will rule on this issue.
• Extends just cause eviction requirements to nonrenewal of lease agreements at
expiration (i.e., closes the “lease loophole”).
o WBPA argues that this provision is preempted by state law, as it prohibits
something expressly allowed under state law. Specifically, it prohibits non-
renewing a tenant’s lease at the end of its term without just cause, which the
WBPA asserts is allowed under RCW 59.12.030. There is an unpublished (non-
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binding) appellate court case supporting this argument. See Rental Hous. Ass'n
of Washington v. City of Burien, 23 Wash. App. 2d 1015 (2022) (see below).
• Prohibits unfair, abusive, and deceptive practices by landlords.
o WBPA argues that this is an unconstitutionally vague restriction on speech.
This is a facially valid constitutional claim but is unknown how the courts will
rule on the issue. The City Attorney’s Office previously flagged this provision as
high risk (red category).
Rental Housing Association of Washington v. City of Burien (2022) - This case is
unpublished, meaning it is technically non-binding. However, it does provide guidance as to
how courts might rule on closing the “lease loophole.”
Burien enacted an ordinance that extended just cause requirements to the non-renewal of a
fixed term lease. This is what TRU refers to as “closing the lease loophole,” which would
require landlords to renew a tenant’s lease at its expiration unless the landlord can show just
cause for eviction under chapter 59.18 RCW.
The court held that Burien’s ordinance was preempted by state law, as it “prohibits what
state statute allows: eviction at the end of a lease term.” This decision is based on RCW
59.12.030, which allows landlords to initiate an action to evict a tenant at the end of the lease
term without showing one of the bases of just cause under RCW 59.18.650.
TRU maintains that this decision was wrongly decided, and has emphasized that it is
unpublished, such that it does not prohibit closing the lease loophole. However, no
subsequent lawsuits have tested this theory. Enacting such a provision carries a high ri sk of
legal challenge.
Funding relationship with King County Bar Foundation Housing Justice Project
The City of Tukwila participates in a funding collaborative for the KCBA at a rate of
$10,000 per year in the current biennium. KCBA provides free legal assistance to low-
income tenants facing eviction. Neighborhood legal clinics make legal information and
referral available to low-income residents. Adoption of an ordinance relating to tenant
protections would not impact this relationship currently or in the future.
Tukwila’s Rental Housing Inspection Program
The City Council received a briefing on the Rental Housing Program at its February 12, 2024
Committee of the Whole meeting. (Meeting material)
The City of Tukwila’s Rental Housing Program is comparable to other cities in Washington;
however, some are stricter, and some are more lenient. In January, our rental staff began
meeting with rental staff in other Washington cities to collaborate and lear n about how their
programs work. These meetings have so far included Aberdeen, Auburn, Bellingham, Burien,
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Kent, Lakewood, Lynnwood, Olympia, Pasco, Renton, Seattle, Spokane, and University Place.
Of all the cities in Washington that have rental programs almost all of them require an annual
registration (some charge a fee, some do not). The city of Tukwila has an annual license fee.
All cities with rental programs require periodic rental inspections every 2-5 years. The city of
Tukwila inspects rental properties prior to issuing the rental license and every 4 years
thereafter. Auburn and Seattle have adopted renter protections. A few of the other cities are
looking at adopting renter protections and a few others do not want to get involved in that
level of regulation. The common goal of all the city’s programs is to provide healthy and safe
housing to tenants.
The City of Tukwila offers courtesy inspections for tenants concerned about their living
conditions on the rental licensing webpage and in the Hazelnut newsletter.
Updates following June 10, 2024 Planning & Community Development Committee
The Planning & Community Development Committee discussed the draft ordinance at its
June 10, 2024 meeting and made additional information requests addressed as follows:
1. Potential Small Landlord Exemption
Background
There is no legal restriction on providing an exemption from tenant protection provisions to
small landlord. However, an exemption of this kind is not common in Washington. None of
the renter protection ordinances passed since 2021 in Kenmore, Redmond, Kirkland,
Issaquah, Burien, SeaTac nor Seattle have exempted landlords based on the number of
units owned.
Several jurisdictions, including Auburn, Kenmore, and King County have considered such
an exemption and ultimately opted not to pursue one.
Kenmore
Kenmore’s city council discussed adopting an exemption for small landlords at its June 13,
2022 council meeting. A motion to add an exemption for landlords owning four or fewer
units was not seconded, and the exemption was accordingly not included in Kenmore’s
ordinance. The reasons provided by councilmembers for not supporting the exemption
included the following:
- Such an exemption is difficult to enforce. Companies commonly purchase
properties under separate LLCs, making it difficult to tell exactly how many units are
owned by one “landlord.” This can lead to large companies benefiting from the
exemption.
- Renters’ rights should not be different depending on who they are renting from.
- The state legislature has considered small landlord exemptions in the past but has
never enacted one because of the practical difficulty in targeting the correct “mom
and pop” landlords, as well as enforcement.
- The city’s tenant protection provisions are not so onerous as to cause substantial
hardship on small landlords.
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Arguments in favor of the exemption were similar to those heard by the Tukwila City
Council throughout its consideration of a tenant protection ordinance:
- Small landlords do not have the capital to deal with difficult situations in the same
way that larger companies do. This means limitations on security deposits and late
fees can cause financial hardship.
- Many small landlords use rental income to pay mortgages or to fund retirement.
- Small “mom and pop” landlords evict tenants at a lower rate than large companies.
King County
King County passed a tenant protection ordinance in 2021 with many of the same
provisions being considered by Tukwila, including a limit on move-in fees and late fees,
increased notice of rent increases, and limitations on evictions. Councilmember Reagan
Dunn proposed an exemption for landlords that own four or fewer units. The exemption
was rejected by the council. Councilmembers who opposed the exemption provided as a
rationale that a renter’s rights should not be different depending on who they are renting
from.
2. Provide Information on Cost of Ballot Measures
The cost of placing a measure on a ballot in King County is variable and depends on factors
including number of participating jurisdictions, number of voters in each jurisdiction, and
total number of races and ballot measures each jurisdiction has on the ballot. There are also
staffing costs associated with preparing for a ballot measure, which requires preparation and
adoption of a resolution, preparation of an explanatory statement, solicitating and
coordinating the pro/con committees, and submitting associated paperwork.
In Tukwila, the 2023 PSRFA annexation on the August primary ballot cost $13K, and the 2022
minimum wage citizens’ initiative on the November general ballot cost $27K.
RECOMMENDATION
Staff is seeking Council discussion and direction on the proposed ordinance.
ATTACHMENTS
Exhibit 1: Draft Ordinance
Exhibit 2: Comment Letters
Exhibit 3: Original TRU Policy Proposals May 2023
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2024 Legislation: Rental Housing Tenant Protections Page 1 of 7
Version: 04/16/2024
Staff: L. Humphrey
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, REPEALING ORDINANCE NO.
2526, AS CODIFIED AT TUKWILA MUNICIPAL CODE
(TMC) CHAPTER 8.47; REENACTING TMC CHAPTER
8.47, “RENTAL HOUSING TENANT PROTECTIONS;”
PROVIDING FOR SEVERABILITY; AND ESTABLISHING
AN EFFECTIVE DATE.
WHEREAS, over the past several years, average rents in South King County have
increased, and vacancies for affordable rental housing are at low levels, making it difficult
for tenants, especially those with low incomes, to locate affordable rental housing; and
WHEREAS, the King County Regional Affordable Housing Task Force issued its Final
Report and Recommendations for King County, WA, December 2018 (rev. October 2019)
(hereafter referred to as “Regional Affordable Housing Task Force Final Report”), which
identifies that renting rather than owning a home increases the chances of being severely
cost burdened, and recognizes an existing affordable housing crisis in King County; and
WHEREAS, the Regional Affordable Housing Task Force Final Report includes a
regional plan with goals, strategies and a Five-Year Action Plan to address the affordable
housing crisis, and Goal 4 of the action plan is to “[p]reserve access to affordable homes for
renters by supporting tenant protections to increase housing stability and reduce risk of
homelessness”; and
WHEREAS, the King County Countywide Planning Policies, developed pursuant to the
Washington State Growth Management Act, suggest that local jurisdictions “[a]dopt and
implement policies that protect housing stability for renter households; expand protections
and supports for moderate-, low-, very low-, and extremely low-income renters and renters
with disabilities”; and
WHEREAS, the Tukwila community includes a relatively high percentage of renters
compared to the Washington State average, with the most recent census data indicating
that just 42.7% of housing units are owner-occupied, which is significantly lower than the
statewide average of 63.6%; and
DRAFT
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Version: 04/16/2024
Staff: L. Humphrey
WHEREAS, enhanced tenant protections, in addition to those in the Residential
Landlord-Tenant Act (chapter 59.18 RCW), are in the best interests of the residents of
Tukwila and will promote the public health, safety, and welfare of the City; and
WHEREAS, the City Council is committed to maintaining vibrant and diverse
neighborhoods while balancing the needs of landlords and tenants; and
WHEREAS, to ensure adequate time to educate landlords about the requirements and
responsibilities imposed on them as a result of this ordinance, and to give landlords time to
update their administrative processes to achieve compliance with this ordinance, the
effective date of this ordinance shall be delayed to January 1, 2024.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Repealer. Ordinance No. 2526 is hereby repealed in its entirety, thereby
eliminating Tukwila Municipal Code (TMC) Chapter 8.47, “Fair Housing Regulations.”
Section 2. TMC Chapter 8.47 Reenacted. TMC Chapter 8.47 is hereby reenacted to
read as follows:
CHAPTER 8.47
RENTAL HOUSING TENANT PROTECTIONS
Sections:
8.47.010 Definitions
8.47.020 Applicability
8.47.030 Distribution of information required
8.47.040 Deposit requirements and installment payments permitted
8.47.050 Late fees
8.47.060 Due date adjustments
8.47.070 Social security numbers not required
8.47.080 Violations and penalties
Section 3. Regulations Established. TMC Section 8.47.010 is hereby established to
read as follows:
8.47.010 Definitions
The definitions of this section apply through this chapter unless the context clearly
requires otherwise. The definitions of RCW 59.18.030 under the Residential Landlord-
Tenant Act (RLTA), as now in effect or as may be subsequently amended, also apply to this
chapter unless otherwise defined in this section.
“Dwelling” or “dwelling unit” has the same meaning as RCW 59.18.030(10), as now in
effect or as may be subsequently amended, and means a structure or that part of a structure
which is used as a home, residence, or sleeping place by one person or by two or more
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Version: 04/16/2024
Staff: L. Humphrey
persons maintaining a common household, including but not limited to single-family
residences and units of multiplexes, apartment buildings, and mobile homes.
“Landlord” has the same meaning as RCW 59.18.030(16), as now in effect or as may
be subsequently amended, excluding the living arrangements identified in RCW 59.18.040,
and means the owner, lessor, or sublessor of the dwelling unit or the property of which it is
a part, and further means any person designated as representative of the owner, lessor, or
sublessor, including, but not limited to, an agent, a resident manager, or a designated
property manager.
“Rent” has the same meaning as RCW 59.18.030(29), as now in effect or as may be
subsequently amended, and means recurring and periodic charges identified in the rental
agreement for the use and occupancy of the premises, which may include charges for
utilities. Except as provided in RCW 59.18.283(3), rent does not include nonrecurring
charges for costs incurred due to late payment, damages, deposits, legal costs, or other
fees, including attorneys’ fees.
“Rental Agreement” or “lease” has the same meaning as RCW 59.18.030(30), as now
in effect or as may be subsequently amended, and means all agreements which establish
or modify the terms, conditions, rules, regulations, or any other provisions concerning the
use and occupancy of a dwelling unit.
“Security Deposit” means a refundable payment or deposit of money, however
designated, owed by the tenant to the landlord at the commencement of a rental agreement
to secure performance of a rental agreement or any part of a rental agreement.
“Subsidized Housing” has the same meaning as RCW 59.18.030(33), as now in effect
or as may be subsequently amended, and refers to rental housing for very low-income or
low-income households that is a dwelling unit operated directly by a public housing authority
or its affiliate, or that is insured, financed, or assisted in whole or in part through one of the
following sources: (a) a federal program or state housing program administered by the
Department of Commerce or the Washington State Housing Finance Commission; (b) a
federal housing program administered by a city or county government; (c) an affordable
housing levy authorized under RCW 84.52.105; or (d) the surcharges authorized in RCW
36.22.250 and any of the surcharges authorized in chapter 43.185C RCW.
“Tenant” has the same meaning as RCW 59.18.030(34), as now in effect or as may be
subsequently amended, and excluding the living arrangements identified in RCW 59.18.040,
and RCW 59.20.030(24), as now in effect or as may be subsequently amended, and means
any person who is entitled to occupy a dwelling unit primarily for living or dwelling purposes
under a rental agreement, and RCW 59.20.030 defines “tenant” as any person, except a
transient, who rents a mobile home lot.
Section 4. Regulations Established. TMC Section 8.47.020 is hereby established to
read as follows:
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8.47.020 Applicability
The provisions of this chapter apply to tenancies governed by Chapter 59.18 RCW
(Residential Landlord Tenant Act) and Chapter 59.20 RCW (Manufactured/Mobile Home
Landlord-Tenant Act) and are in addition to the provisions provided in said chapters of the
RCW. The provisions of this chapter shall not apply to rental agreements between an owner
and tenant where the owner shares the dwelling unit as a primary residence with the tenant.
Section 5. Regulations Established. TMC Section 8.47.030 is hereby established to
read as follows:
8.47.030 Distribution of information required.
A. The City shall prepare, and update as necessary, summaries of this chapter, the
Nuisance Code (TMC Section 8.28.020), the Washington State Residential Landlord Tenant
Act (Chapter 59.18 RCW), Forcible Entry and Unlawful Detainer (Chapter 59.12 RCW), and
Fair Housing laws, describing the respective rights, obligations, and remedies of landlords
and tenants, including information about legal resources available to tenants.
B. A landlord shall provide a copy of the summaries prepared by the City as described
in subsection A of this section to any tenant or prospective tenant when a rental agreement
is offered, whether the agreement is for a new or renewal agreement.
C. Where there is an oral rental agreement, the landlord shall give the tenant copies
of the summaries as described in subsection A of this section, either before entering into the
oral rental agreement or as soon as reasonably possible after entering into the oral rental
agreement.
D. For existing tenants, landlords shall, within thirty (30) days after the summaries are
made available by the City, distribute copies of the summaries to existing tenants.
E. The initial distribution of information to tenants must be in written form and landlords
shall obtain the tenant’s signature documenting tenant’s receipt of such information. If a
tenant refuses to provide a signature documenting the tenant’s receipt of the information,
the landlord may draft a declaration stating when and where the landlord provided tenant
with the required information. After the initial distribution of the summaries to tenants, a
landlord shall provide existing tenants with the most current summaries prepared by the
City, which summaries may be distributed in electronic form, unless a tenant specifically
requests written summaries in hard copy form.
F. The packet prepared by the City includes informational documents only, and
nothing in the summaries therein shall be construed as binding on or affecting any judicial
determination of the rights and responsibilities of landlords and tenants, nor is the City liable
for any misstatement or misinterpretation of the applicable laws.
Section 6. Regulations Established. TMC Section 8.47.040 is hereby established to
read as follows:
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8.47.040 Deposit requirements and installment payments permitted.
A. The sum of any security deposits and nonrefundable move-in fees charged by a
landlord before a tenant takes possession of a dwelling unit shall not exceed an amount
equal to one month’s rent, except in subsidized housing where the amount of rent is set
based on the income of the tenant. The exception for subsidized housing shall not include
tenancies regulated under Section 8 of the Housing Act of 1937, 42 U.S.C. Section 1437f,
commonly known as the “choice voucher program.”
B. Tenants entering rental agreements with terms lasting six or more months may
choose to pay their move-in fees and security deposits in six equal monthly installments
over the first six months occupying the dwelling unit.
C. Tenants entering rental agreements with terms lasting fewer than six months or
month-to-month rental agreements may choose to pay move-in fees and security deposits
in two equal monthly installments over the first two months occupying the dwelling unit.
D. Landlords may not impose any fee, charge any interest, or otherwise impose a cost
on a tenant because a tenant elects to pay in installments.
E. Installment payments are due at the same time rent is due.
F. All installment schedules must be in writing, signed by both parties.
G. Paying in installments does not apply to a landlord obtaining a tenant screening
report, which report cost paid by the tenant shall be limited to the standard and actual cost
of the tenant screening report.
H. No security deposit may be collected by a landlord unless the rental agreement is
in writing and a written checklist or statement specifically describing the condition and
cleanliness of, or existing damages to, the premises and furnishings, including, but not
limited to, walls, floors, countertops, carpets, drapes, furniture, and appliances, is provided
by the landlord to the tenant at the beginning of the tenancy. The checklist or statement shall
be signed and dated by the landlord and the tenant, and the tenant shall be provided with a
copy of the signed checklist or statement.
I. A landlord must place any required security deposit in a trust account and provide
a written receipt and notice of the name, address, and location of the depository and any
subsequent change thereof to the tenant, in compliance with the requirements of RCW
59.18.270.
J. Nothing in this section prohibits a landlord from bringing an action against a tenant
to recover sums exceeding the amount of the tenant’s security deposit for damage to the
dwelling unit for which the tenant is responsible. The landlord may seek attorney’s fees for
such an action as authorized by Chapter 59.18 RCW
Section 7. Regulations Established. TMC Section 8.47.050 is hereby established to
read as follows:
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8.47.050 Late fees
A. Any fees for late payment of rent shall not exceed 1.5% of monthly rent per month.
No other fees may be charged for late payment of rent. Any rental agreement provision
providing for such fees shall be deemed void with respect to any provision prohibited by this
subsection. This subsection shall not apply to or limit decisions, orders, and rulings of courts
of competent jurisdiction.
B. Any notice to pay or vacate served under RCW 59.12.030(3) shall include within
the notice in at least sixteen (16) point bold font for the following information:
“You have 14 days to pay the rent required by this notice. After 14 days, you may
pay the rent but will have to include a late fee totaling at most 1.5% of monthly rent for each
month of rent owed. If the landlord has started a court case to evict you and the case is filed
in court, you will need to pay court costs as well before the hearing date to avoid eviction.”
Section 8. Regulations Established. TMC Section 8.47.060 is hereby established to
read as follows:
8.47.060 Due date adjustments
All rental agreements executed after the adoption of this ordinance shall include, or be
deemed to include, a provision allowing tenants to adjust the due date of rent payments if
the tenant has a regular monthly source of governmental assistance, or fixed income source
(e.g., Social Security) that the tenant receives on a date of the month that is incongruent
with paying rent on the date otherwise specified in the rental agreement. A landlord shall not
refuse to rent to a prospective tenant or terminate a lease based on a request for a due date
adjustment.
Section 9. Regulations Established. TMC Section 8.47.070 is hereby established to
read as follows:
8.47.070 Social Security numbers not required
A landlord may request but shall not require a social security number for the purposes
of screening a prospective tenant as allowed under RCW 59.18.257. A landlord shall not
refuse to enter into a rental agreement with a prospective tenant or prospective occupant
because the prospective tenant or prospective occupant does not agree to provide a social
security number. Alternative proof of financial eligibility such as portable screening reports
or other proof of income must be accepted, where available, if offered by the tenant or
prospective tenant.
Section 10. Regulations Established. TMC Section 8.47.080 is hereby established
to read as follows:
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2024 Legislation: Rental Housing Tenant Protections Page 7 of 7
Version: 04/16/2024
Staff: L. Humphrey
8.47.090 Violations and penalties
A landlord found in violation of any of the provisions in this chapter, unless otherwise
provided in this chapter, shall be liable to such a tenant in a private right of action for the
greater of double the tenant’s economic and noneconomic damages, or three times the
monthly rent of the dwelling unit at issue, and reasonable litigation costs and attorneys’ fees.
Section 11. Corrections by City Clerk or Code Reviser Authorized. Upon
approval of the City Attorney, the City Clerk and the code reviser are authorized to make
necessary corrections to this ordinance, including the correction of clerical errors;
references to other local, state or federal laws, codes, rules, or regulations; or ordinance
numbering and section/subsection numbering.
Section 12. Severability. If any section, subsection, paragraph, sentence, clause or
phrase of this ordinance or its application to any person or situation should be held to be
invalid or unconstitutional for any reason by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of the
remaining portions of this ordinance or its application to any other person or situation.
Section 13. Effective Date. This ordinance or a summary thereof shall be published
in the official newspaper of the City, and shall take effect and be in full force five days
after passage and publication as provided by law.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at
a Regular Meeting thereof this _______ day of _________________, 2024.
ATTEST/AUTHENTICATED:
Andy Youn, CMC, City Clerk Thomas McLeod, Mayor
APPROVED AS TO FORM BY: Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
Office of the City Attorney
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