AN ORDINANCE relating to the Housing and Building Maintenance Code, deleting SMC Section 22.202.060 relating to rental housing registration, amending SMC Section 22.206.160 (C)(1), 22.206.160 (C)(5), 22.206.230 and 22.206.240 to delete reference to rental housing registration, and amending SMC Section 22.206.280 to delete reference to rental housing registration and to correct an incorrect reference to SMC Section 22.206.160.

Now, Therefore,

BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:

Section 1. Section 22.202.060 of the Seattle Municipal Code, which was last amended by Ordinance 117492, is repealed:

22.202.060 Rental housing registration

A. Every building containing two (2) or more housing units, where at least one (1) of such housing units is not occupied by the owner thereof, must have a current rental housing registration issued by the Department of Construction and Land Use. Each rental housing registration will be current and effective for a period of one (1) year from the date of issuance or until ownership of the building changes. A new rental housing registration must be obtained by a new owner of a building containing two (2) or more housing units within thirty (30) days of acquiring an ownership interest in such building.

B. The Department of Construction and Land Use will charge a rental housing registration fee for issuance of each rental housing registration based on the number of housing units contained in the building. The amount of the rental housing registration fee will be calculated as required by SMC Section 22.900.150. The annual rental housing registration fee shall be waived for publicly assisted lowincome housing units as defined by Director's Rule.

C. The owner of any building for which a rental housing registration is required under this section shall post a true and correct copy of the current rental housing registration for such building in a common area accessible to all of the building tenants.

D. The rental housing registration shall contain and reflect the following information:

1. The number of housing units contained in the building;

2. The name and address of the building owner;

3. Either the local residence address of the owner or the designation of a local agent of the owner who is empowered to accept service of legal powers and notices of violation concerning the housing units on behalf of the owner; and

4. The expiration date of the rental housing registration.

E. Any building owner who fails or refuses to obtain a current rental housing registration for a building containing two (2) or more housing units or who fails or refuses to comply with any requirements of this section shall be subject to a civil penalty in the amount of three (3) times the rental housing registration fee for said building. The civil penalty shall be collected as provided in Section 22.206.280 of this Code, and all civil penalties so collected, excluding court costs, if any, shall be deposited in the same manner as the rental registration fee.

F. The failure of a building owner to obtain a current rental housing registration shall not invalidate or cancel any lease or rental agreement existing between such owner and a tenant of a housing unit in such building.

G. In addition to the waivers of fees set forth in subsection B above, unpaid annual rental registration fees for the period July 1, 1994 through June 30, 1995, and any late fees for nonpayment of such fees, are waived. The waiver of fees does not alter the requirement for having a current rental housing registration certificate. The Department shall not issue certificates to owners whose fees have been waived until the owner provides the information required by the Department for issuance of a certificate.

Section 2. Subsection 22.206.160 (C) of the Seattle Municipal Code, which Section was last amended by Ordinance 117942, is amended as follows:

C. Just Cause Eviction

1. Pursuant to provisions of the state Residential Landlord-Tenant Act (RCW 59.18.290), owners may not evict residential tenants without a court order, which can be issued by a court only after the tenant has an opportunity in a show cause hearing to contest the eviction (RCW 59.18.380). In addition, owners of housing units shall not evict or attempt to evict any tenant, or otherwise terminate or attempt to terminate the tenancy of any tenant unless the building containing such housing unit has a current rental housing registration, as required by SMC Section 22.202.060, and unless otherwise specifically provided below, the owner can prove in court by a preponderance of the evidence that just cause exists. The reasons for termination of tenancy listed below, and no others, shall constitute just cause under this section:

a. The tenant fails to comply with a three (3) day notice to pay rent or vacate pursuant to RCW 59.12.030(3); a ten (10) day notice to comply or vacate pursuant to RCW 59.12.030(4); or a three (3) day notice to vacate for waste, nuisance (including a drug-related activity nuisance pursuant to RCW chapter 7.43), or maintenance of an unlawful business pursuant to RCW 59.12.030(5);

b. The tenant habitually fails to pay rent when due which causes the owner to notify the tenant in writing of late rent four (4) or more times in a twelve (12) month period;

c. The tenant fails to comply with a ten (10) day notice to comply or vacate that requires compliance with a material term of the rental agreement or that requires compliance with a material obligation under RCW 59.18;

d. The tenant habitually fails to comply with the material terms of the rental agreement which causes the owner to serve a ten (10) day notice to comply or vacate three (3) or more times in a twelve (12) month period;

e. The owner seeks possession so that the owner or a member of his or her immediate family may occupy the unit as that person's principal residence and no substantially equivalent unit is vacant in the same building. Immediate family shall include the owner's domestic partner registered pursuant to Section 1 of Ordinance 117244 or the owner's spouse, parents, grandparents, children, brothers and sisters of the owner, of the owner's spouse, or of the owner's domestic partner. There shall be a rebuttable presumption of a violation of this subsection if the owner or a member of the owner's immediate family fails to occupy the unit as that person's principal residence for at least sixty (60) consecutive days during the ninety (90) days immediately after the tenant vacated the unit pursuant to a notice of termination or eviction using this subparagraph as the cause for eviction;

f. The owner elects to sell a single family dwelling unit and gives the tenant at least sixty (60) days written notice prior to the date set for vacating, which date shall coincide with the end of the term of a rental agreement, or if the agreement is month to month, with the last day of a monthly period. For the purposes of this section, an owner "elects to sell" when the owner makes reasonable attempts to sell the dwelling within thirty (30) days after the tenant has vacated, including, at a minimum, listing it for sale at a reasonable price with a realty agency or advertising it for sale at a reasonable price in a newspaper of general circulation. There shall be a rebuttable presumption that the owner did not intend to sell the unit if

i) within thirty (30) days after the tenant has vacated, the owner does not list the single family dwelling unit for sale at a reasonable price with a realty agency or advertise it for sale at a reasonable price in a newspaper of general circulation; or

ii) within ninety (90) days after the date the tenant vacated or the date the property was listed for sale, whichever is later, the owner withdraws the rental unit from the market, rents the unit to someone other than the former tenant, or otherwise indicates that the owner does not intend to sell the unit.

g. The tenant's occupancy is conditioned upon employment on the property and the employment relationship is terminated;

h. The owner seeks to do substantial rehabilitation in the building, provided that the owner must obtain a tenant relocation license if required by SMC Chapter 22.210 and at least one permit necessary for the rehabilitation, other than a master use permit, before terminating the tenancy. Any tenants dispossessed pursuant to this provision shall be notified in writing by the owner at the time of vacating the unit that the tenant has a right of first refusal for the rehabilitated unit. The owner shall notify the tenant in writing, mailed by regular mail to the last address provided by the tenant, when the unit is ready to be reoccupied, and the tenant shall exercise such right of first refusal within thirty (30) days of the owner's notice;

i. The owner elects to demolish the building, convert it to a condominium or a cooperative, or convert it to a nonresidential use; provided, that the owner must obtain a tenant relocation license if required by SMC Chapter 22.210 and a permit necessary to demolish or change the use before terminating any tenancy;

j. The owner seeks to discontinue the use of a housing unit unauthorized by Title 23 of the Seattle Municipal Code after receipt of a Notice of violation thereof. The owner is required to pay relocation assistance to the tenant(s) of each such unit at least two (2) weeks prior to the date set for termination of the tenancy, at the rate of

(i) Two Thousand Dollars ($2,000.00) for a tenant household with an income during the past twelve (12) months at or below fifty percent (50%) of the County median income, or

(ii) Two (2) months' rent for a tenant household with an income during the past twelve (12) months above fifty percent (50%) of the County median income;

k. The owner seeks to reduce the number of individuals residing in a dwelling unit to comply with the maximum limit of individuals allowed to occupy one dwelling unit, as required by SMC Title 23, and:

(i) (a) the number of such individuals was more than is lawful under the current version of SMC Title 23 or Title 24 but was lawful under SMC Title 23 or 24 on August 10, 1994,

(b) that number has not increased with the knowledge or consent of the owner at any time after August 10, 1994, and

(c) the owner is either unwilling or unable to obtain a permit to allow the unit with that number of residents;

(ii) the owner has served the tenants with a thirty (30) day notice, informing the tenants that the number of tenants exceeds the legal limit and must be reduced to the legal limit;

(iii) after expiration of the thirty (30) day notice, the owner has served the tenants with and the tenants have failed to comply with a ten (10) day notice to comply with the limit on the number of occupants or vacate; and

(iv) if there is more than one rental agreement for the unit, the owner may choose which agreements to terminate, provided that the owner may either terminate no more than the minimum number of rental agreements necessary to comply with the legal limit on the number of occupants, or, at the owner's option, terminate only those agreements involving the minimum number of occupants necessary to comply with the legal limit;

l. (i) The owner seeks to reduce the number of individuals who reside in one dwelling unit to comply with the legal limit after receipt of a notice of violation of the SMC Title 23 restriction on the number of individuals allowed to reside in a dwelling unit and:

(a) the owner has served the tenants with a thirty (30) day notice, informing the tenants that the number of tenants exceeds the legal limit and must be reduced to the legal limit, provided that no thirty (30) day notice is required if the number of tenants was increased above the legal limit without the knowledge or consent of the owner;

(b) after expiration of the thirty (30) day notice required by subsection (a) above, or at any time after receipt of the notice of violation if no thirty (30) day notice is required pursuant to subsection (a), the owner has served the tenants with and the tenants have failed to comply with a ten (10) day notice to comply with the maximum legal limit on the number of occupants or vacate; and

(c) if there is more than one rental agreement for the unit, the owner may choose which agreements to terminate, provided that the owner may either terminate no more than the minimum number of rental agreements necessary to comply with the legal limit on the number of occupants, or, at the option of the owner, terminate only those agreements involving the minimum number of occupants necessary to comply with the legal limit.

(ii) For any violation of the maximum legal limit on the number of individuals allowed to reside in a unit that occurred with the knowledge or consent of the owner, the owner is required to pay relocation assistance to the tenant(s) of each such unit at least two (2) weeks prior to the date set for termination of the tenancy, at the rate of:

(a) Two Thousand Dollars ($2,000.00) for a tenant household with an income during the past twelve (12) months at or below fifty percent (50%) of the County median income, or

(b) Two (2) months' rent for a tenant household with an income during the past twelve (12) months above fifty percent (50%) of the County median income;

m. The owner seeks to discontinue use of an accessory dwelling unit for which a permit has been obtained pursuant to SMC Section 23.44.025 after receipt of a notice of violation of the development standards provided in that section. The owner is required to pay relocation assistance to the tenant household residing in such a unit at least two (2) weeks prior to the date set for termination of the tenancy, at the rate of:

(i) Two Thousand Dollars ($2,000.00) for a tenant household with an income during the past twelve (12) months at or below fifty percent (50%) of the County median income, or

(ii) Two (2) months' rent for a tenant household with an income during the past twelve (12) months above fifty percent (50%) of the County median income;

n. An emergency order requiring that the housing unit be vacated and closed has been issued pursuant to SMC Section 22.206.260 and the emergency conditions identified in the order have not been corrected;

o. The owner seeks to discontinue sharing with a tenant the owner's own housing unit, i.e., the unit in which the owner resides, or seeks to terminate the tenancy of a tenant of an accessory dwelling unit authorized pursuant to SMC 23.44.025 that is accessory to the housing unit in which the owner resides, so long as the owner has not received a notice of violation of the development standards of SMC 23.44.025 regarding that unit. If the owner has received such a notice of violation, subsection (m) applies.

p. A tenant, or with the consent of the tenant, his or her subtenant, sublessee, resident or guest, has engaged in criminal activity on the premises, or on the property or public right of way abutting the premises, and the owner has specified in the notice of termination the crime alleged to have been committed and the general facts supporting the allegation, and has assured that the Department of Construction and Land Use has recorded receipt of a copy of the notice of termination.

For purposes of this subsection a person has "engaged in criminal activity" if he or she:

engages in drug-related activity that would constitute a violation of RCW Chapters 69.41, 69.50 or 69.52; or

engages in activity that is a crime under the laws of this state, but only if the activity substantially affects the health or safety of other tenants or the owner.

2. Any rental agreement provision which waives or purports to waive any right, benefit or entitlement created by this subsection C shall be deemed void and of no lawful force or effect.

3. With any termination notices required by law, owners terminating any tenancy protected by this section shall advise the affected tenant or tenants in writing of the reasons for the termination and the facts in support of those reasons.

4. If a tenant who has received a notice of termination of tenancy claiming subparagraph 1e, 1f, or 1m as the ground for termination believes that the owner does not intend to carry out the stated reason for eviction and makes a complaint to the Director, then the owner must, within ten (10) days of being notified by the Director of the complaint, complete and file with the Director a certification stating the owner's intent to carry out the stated reason for the eviction. The failure of the owner to complete and file such a certification after a complaint by the tenant shall be a defense for the tenant in an eviction action based on this ground.

5. In any action commenced to evict or to otherwise terminate the tenancy of any tenant, it shall be a defense to the action that there was no current rental housing registration, as required by SMC Section 22.202.060, for the building in which the tenancy existed, or that there was no just cause for such eviction or termination as provided in this section.

6. It shall be a violation of this section for any owner to evict or attempt to evict any tenant or otherwise terminate or attempt to terminate the tenancy of any tenant using a notice which references subparagraphs 1e, 1f, 1h, 1k, 1l, or 1m of this subsection C as grounds for eviction or termination of tenancy without fulfilling or carrying out the stated reason for or condition justifying the termination of such tenancy.

7. An owner who evicts or attempts to evict a tenant or who terminates or attempts to terminate the tenancy of a tenant using a notice which references subparagraphs 1e, 1f, or 1h of this subsection C as the ground for eviction or termination of tenancy without fulfilling or carrying out the stated reason for or condition justifying the termination of such tenancy shall be liable to such tenant in a private right for action for damages up to two thousand dollars ($2,000.00), costs of suit or arbitration and reasonable attorney's fees.

Section 3. Section 22.206.230 of the Seattle Municipal Code, which was last amended by Ordinance 115877, is amended as follows:

22.206.230 Review by the Director

A. Any party affected by a notice of violation issued by the Director pursuant to Section 22.206.220 may obtain a review of the notice by the Director by requesting such review in writing within ten (10) days after service of the notice. When the last day of the period so computed is a Saturday, Sunday, federal or City holiday, the period shall run until five p.m. (5:00 p.m.) of the next business day. Upon receipt of a request the Director shall notify the person requesting the review, any persons served the notice of violation, and any person who has requested notice of the review, of the date, time and place of the Director's review. The review shall be not less than ten (10) nor more than twenty (20) days after the request is received, unless otherwise agreed by the person requesting the review. Any person affected by the notice of violation may submit any written material to the Director for consideration on or before the date of the review.

B. The review will consist of an informal review meeting held at the Department. A representative of the Director who is familiar with the case and the applicable ordinances will attend. The Director's representative shall explain the reasons for the issuance of the notice of violation and will consider any information presented by the persons attending. At or after the review, the Director shall:

1. Sustain the notice of violation; or

2. Withdraw the notice of violation; or

3. Continue the review to a future date; or

4. Amend the notice of violation; or

5. Provided that a current rental housing registration exists for the building, g Grant a variance from the standards of the requirements of Sections 22.206.010 through 22.206.200 if the Director determines that all of the following conditions or circumstances exist:

a. Because of unusual conditions applicable to the subject property, which were not created by the owner or applicant, the strict application of the Code would deprive the property owner of rights and privileges enjoyed by other similar properties; and

b. The requested variance does not go beyond the minimum necessary to afford relief, and does not constitute a grant of special privilege inconsistent with the limitations upon similar properties; and

c. The granting of the variance will not be materially detrimental to the public welfare or injurious to property or improvements in the vicinity; and

d. The literal interpretation and strict application of the applicable provisions or requirements of this Code would cause unnecessary hardship; and

e. The requested variance would be consistent with the spirit and intent of the Code.

C. The Director shall issue a decision within seven (7) working days after the conclusion of the review. The decision shall be served, posted and filed in the manner provided in Section 22.206.220. When the decision affects only a tenant or tenants, the Director is not required to file the decision with the King County Department of Records and Elections.

Section 4. Section 22.206.240 of the Seattle Municipal Code, which was last amended by Ordinance 114834, is amended as follows:

22.206.240 Extension of compliance date

A. The Director may extend the compliance date if the building has a current rental registration, as required by SMC Section 22.202.060, and if required repairs have been commenced and, in the Director's opinion, are progressing at a satisfactory rate. Extensions in excess of ninety (90) days may not be granted unless the need therefor is established in a Director's review.

B. Vacating and Closing of Historic Buildings or Structures. The compliance date for historic buildings and structures that are closed to entry pursuant to Section 22.206.200 of this Code, during the notice of violation compliance period, shall be extended for as long as the building or structure is maintained in compliance with the standards of Section 22.206.200 of this Code.

Section 5. Section 22.206.280 of the Seattle Municipal Code, which was last amended by Ordinance 116315, is amended as follows:

22.206.280 Civil penalty.

A. In addition to any other sanction or remedial procedure which may be available, any person violating or failing to comply with any requirement of this Code shall be subject to a cumulative civil penalty in the amount of Fifteen Dollars ($15.00) per day for each housing unit in violation, and Fifteen Dollars ($15.00) per day for violations in the common area or on the premises surrounding the building or structure, from the date set for compliance until the person complies with the requirements of this Code, except that the cumulative civil penalty shall be tripled in any case where the building does not have a current rental housing registration as required by SMC 22.202.060.

B. Any person who does not comply with an emergency order issued by the Director pursuant to this Chapter SMC 22.206 shall be subject to a cumulative civil penalty in the amount of One Hundred Dollars ($100.00) per day from the date set for compliance until the Director certifies that the requirements of the emergency order are fully complied with.

C. Any owner who fails to pay relocation assistance as required by subsection F of Section 22.206.260 shall be subject to a cumulative civil penalty in the amount of One Hundred Dollars ($100.00) per day for each tenant who is entitled to receive but who does not receive the required relocation assistance from the day such payment is required by this Code until the required payments are made.

D. In addition to any other sanction or remedial procedure which may be available, any owner of housing units who violates Section 22.206.160 C5 C6 shall be subject to a civil penalty of not more than Two Thousand Five Hundred Dollars ($2,500.00).

E. In addition to any other sanction or remedial procedure which may be available, anyone who obstructs, impedes, or interferes with an attempt to inspect a building or premises pursuant to the authority of an inspection warrant issued by any court or an attempt to inspect a housing unit after consent to inspect is given by a tenant of the housing unit shall be subject to a civil penalty of not more than One Thousand Dollars ($1,000.00).

F. The Director shall notify the City Attorney in writing of the name of any person subject to the penalty. The City Attorney shall, with the assistance of the Director take appropriate action to collect the penalty.

G. The violator may show, in mitigation of liability, that correction of the violation was commenced promptly upon receipt of the notice, but that compliance within the time specified was prevented by an inability to obtain necessary materials or labor, inability to gain access to the subject building, or other condition or circumstance beyond the control of the violator, and upon a showing of the above described conditions, the court may enter judgment for less than the maximum penalty.

Section 6. Severability. If any section, subsection, sentence, clause, or phrase of this ordinance is, for any reason, held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portions of the ordinance. The City Council hereby declares that it would have passed this ordinance and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, and phrases be declared unconstitutional or otherwise invalid.

Section 7. This ordinance shall take effect and be in force thirty (30) days from and after its approval by the Mayor, but if not approved and returned by the Mayor within ten (10) days after presentation, it shall take effect as provided by the Seattle Municipal Code Section 1.04.020.

Passed by the City Council the ______ day of ___________, 1996, and signed by me in open session in authentication of its passage this ______ day of ___________, 1996.

________________________________

President of the City Council

Approved by me this ______ day of _______________, 1996.

________________________________

Norman B. Rice, Mayor

Filed by me this ______ day of _________________, 1996.

________________________________

City Clerk

(SEAL)

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