AN ORDINANCE amending various sections of the Housing and Building Maintenance Code, Chapter 22 of the Seattle Municipal Code, concerning landlords and tenants, decriminalizing and amending sections that prohibit owners from taking certain actions against tenants, amending the penalties and adding a new section providing for additional remedies available for violations thereof, and amending various other sections to be consistent with the above.

BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:

Section 1. Section 22.202.010 of the Seattle Municipal Code, which section was last amended by Ordinance 113545, is hereby amended as follows:

SMC 22.202.010 Enforcement authority--Rules.

A. Enforcement Enforcement. The Director is hereby designated the City Official to exercise the powers granted by this Code, except that the Chief of Police shall be responsible for the enforcement of is authorized to administer and enforce SMC sections (( Sections 22.206.180 and 22.206.190 and shall have equal responsibility authority with the Director for enforcement of SMC Sections)) sections 22.206.140 and 22.206.160 B3. In enforcing SMC sections 22.206.180 and 22.206.190, the Chief of Police shall encourage any owner(s) and tenant(s) involved to engage in mediation or binding arbitration pursuant to RCW 59.18.315 through RCW 59.18.350 of the State Residential Landlord Tenant Act to resolve outstanding disputes between them.

B. Rules Rules. The Director is authorized to adopt, in accordance with the Administrative Code of The City of Seattle, such rules as are necessary to implement the requirements of this Code and to carry out the duties of the Director hereunder.

Section 2. Section 22.206.180 of the Seattle Municipal Code, which section was last amended by Ordinance 113545, is hereby amended as follows:

SMC 22.206.180 Harassing or retaliating against tenant Prohibited acts by owners.

A. Except as otherwise specifically required or allowed by this Code or by the Residential Landlord Tenant Act, chapter 59.18 RCW, it It is unlawful for any owner to interfere with a tenant's peaceable possession of the building or premises or by committing any of the following acts:

1. Changing Change or tampering tamper with any lock or locks on a door or doors used by the tenant; or

2. Removing Remove any door, window, fuse box, or other equipment, fixtures, or furniture; or

3. Requesting Request, causing cause or allowing allow any gas, electricity, water or other utility service supplied by the owner to be discontinued; or

4. Removing Remove or excluding exclude a tenant from the premises except pursuant to legal process; or

5. Evicting Evict, increasing increase rent, reduce services, increase the obligations of a tenant or otherwise imposing, threatening or attempting impose, threaten, or attempt any punitive measure against a tenant for the reason that the tenant has in good faith reported violations of this Code to the Department of Design, Construction and Land Use, or to the Seattle Police Department, or otherwise asserted, exercised or attempted to exercise any legal rights granted tenants by law and arising out of the tenant's occupancy of the building; or

6. Entering Enter a tenant's housing unit or premises except:

a. At reasonable times with the tenant's consent, after giving the tenant:

(i) at least two (2) days' notice of intent to enter, for the purpose of inspecting the premises, making necessary or agreed repairs, alterations or improvements, or supplying necessary or agreed services,; or

(ii) at least one (1) day's notice for the purpose of exhibiting the dwelling unit to prospective or actual purchasers, mortgages mortgagees, tenants, workers or contractors; or

b. In an emergency ; or

c. In case of abandonment as defined by state law . ; or

7. Prohibit a tenant or the tenant's authorized agent or agents, if accompanied by the tenant, from engaging in the following activities when related to building affairs or tenant organization:

a. Distributing leaflets in a lobby and other common areas and at or under tenants' doors;

b. Posting information on bulletin boards, provided that tenants comply with all generally applicable rules of the landlord governing the use of such boards. Such rules cannot specifically exclude the posting of information related to tenant organizing activities if the rules permit posting of other types of information by tenants;

c. Initiating contact with tenants;

d. Assisting tenants to participate in tenant organization activities;

e. Holding meetings, including political caucuses or forums for speeches of public officials or candidates for public office, unattended by management, conducted at reasonable times and in an orderly manner on the premises, held in any community rooms or recreation rooms if these rooms are open for the use of the tenants; provided that the tenant complies with all other generally applicable rules of the landlord governing the use of such rooms. Any generally applicable rules must be written and posted in or near such a room. If a community or recreation room is not available, meetings may take place in common areas which include a laundry room, hallway or lobby; provided all generally applicable rules of the landlord governing such common areas and applicable fire and safety codes are followed.

B. The following rebuttable presumptions shall apply in any proceeding to collect a civil penalty for violation of subsection 22.206.180 A5.

1. Any owner who takes any action listed in subsection 22.206.180 A5 within ninety (90) days after a tenant has in good faith reported violations of this Code (chapter 22.206 SMC) to the Department of Design, Construction and Land Use or to the Seattle Police Department, or otherwise asserted, exercised or attempted to exercise any legal rights granted tenants by law and arising out of a tenant's occupancy of the building, or within ninety (90) days after any inspection or proceeding by a governmental agency resulting from such legal right asserted, exercised or attempted to be exercised by a tenant, creates a rebuttable presumption affecting the burden of proof that the action was taken for the reason that the tenant had in good faith reported violations of this Code to the Department of Design, Construction and Land Use or to the Seattle Police Department or otherwise asserted, exercised or attempted to exercise any legal rights granted the tenant by law; except that, if at the time an owner gives a notice of termination of tenancy pursuant to chapter 59.12 RCW, the tenant is in arrears in rent or in breach of any other lease or rental obligation, there is a rebuttable presumption that the landlord's action is neither a reprisal nor retaliatory action against the tenant.

2. A tenant who makes a complaint or report to a governmental authority about an owner or owner's property within ninety (90) days after notice of a proposed increase in rent or other action in good faith by the owner creates a rebuttable presumption that the complaint or report was not made in good faith, unless the complaint or report was that the proposed increase in rent or other action was unlawful, in which case no such presumption applies.

3. The rebuttable presumption under subsection 22.206.180 B1 shall not apply with respect to an increase in rent if the owner, in a notice to the tenant of an increase in rent, specifies reasonable grounds for said increase and the notice of said increase does not violate SMC section 7.24.030A.

Section 3. Section 22.206.280 of the Seattle Municipal Code, which section was last amended by Ordinance 120087, is hereby amended as follows:

SMC 22.206.280 Civil penalty.

A. In addition to any other sanction or remedial procedure that may be available and except for violations of SMC section 22.206.180, 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:

(1) 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; or

(2) Seventy-five Dollars ($75.00 per day for each building in violation of the standards contained in SMC Section section 22.206.200, from the date set for compliance until the person complies with the requirements of that section.

B. Any person who does not comply with an emergency order issued by the Director pursuant to this SMC Chapter 22.206 SMC 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 SMC Section 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 that may be available, any owner of housing units who violates SMC Section section 22.206.160 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 that 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. Any person who violates or fails to comply with subsection 22.206.180A(5), 22.206.180A(6), or 22.206.180A(7) shall be subject to a cumulative civil penalty in an amount not less than One Hundred Dollars ($100.00) nor more than Three Hundred Dollars ($300.00) per violation. Each day that a separate act or inaction occurs that is a violation of subsection 22.206.180A(5), 22.206.180A (6) or 22.206.180A (7) constitutes a separate violation..

G. The Director shall notify the City Attorney in writing of the name of any person subject to a civil the penalty. for violations of this Code, except that for violations of SMC section 22.206.180, the Chief of Police shall notify the City Attorney. The City Attorney shall , with the assistance of the Director, take appropriate action to collect the penalty. In any civil action for a penalty, the Director City has the burden of proving by a preponderance of the evidence that a violation exists or existed and, for violations of sections other than SMC section 22.206.180, that the violation was not corrected by the date established by the Director in a notice, order or decision ; the. The issuance of a notice of violation or an order following review by the Director is not itself evidence that a violation exists.

G.H. The violator may show, in mitigation of liability, that correction of the violation was commenced promptly upon receipt of 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 4. Section 22.206.290 of the Seattle Municipal Code, which section was last amended by Ordinance 115671, is hereby amended as follows:

SMC 22.206.290 Criminal penalties.

A. Violation of subsection 22.206.180A(1), 22.206.180A(2), 22.206.180A(3), or 22.206.180A(4) of the Seattle Municipal Code, or of section 22.206.190 of the Seattle Municipal Code is a gross misdemeanor subject to the provisions of Chapters 12A.02 and 12A.04, except that absolute liability shall be imposed for a violation of subsection 22.206.180A(1), 22.206.180A(2), 22.206.180A(3), 22.206.180A(4) or of subsection 22.206.190A or 22.206.190B of the Seattle Municipal Code, and none of the mental states described in section 12A.04.030 need be proved. Anyone who violates or fails to comply with the requirements of Sections 22.206.180 or 22.206.190 No person other than he or she who commits the act will be found guilty without a finding in accord with SMC 12A.04.130(B)(1) or SMC 12A.04.130 (B)(3). Violators shall, upon conviction:

1. Be fined in a sum not exceeding Five Thousand Dollars ($5,000.00; and/or

2. Be imprisoned for a term not exceeding one (1) year.

B. A fine not to exceed One Thousand D ollars ($1,000.00 per violation and/or a term of imprisonment not exceeding thirty (30) days may be imposed:

1. For violations of Section section 22.206.210;

2. For violations of Section section 22.206.260, where the person charged has had a civil judgment under Section section 22.206.280 or any of its predecessors rendered against him or her during the past five (5) years;

3. For any pattern of wilful willful, intentional, or bad-faith failure or refusal to comply with the standards or requirements of this Code.

C. Each day that anyone shall continue to violate or fail to comply with any of the foregoing provisions shall be considered a separate offense.

* * *

Section 5. A new section SMC 22.206.305 is added to the Seattle Municipal Code, as follows:

SMC 22.206.305 Tenant's Private Right of Action.

Nothing in this Code is intended to affect or limit a tenant's right to pursue a private right of action pursuant to chapter 59.18 RCW for any violation of chapter 59.18 RCW for which that chapter provides a private right of action. When an owner commits an act prohibited by SMC section 22.206.180 A(1), 22.206.180 A (2), or 22.206.180 A(7), a tenant has a private right of action against the owner for actual damages caused by the prohibited act. To the extent that actual damages are unliquidated or difficult to prove, a court may award liquidated damages of up to One Thousand Dollars ($1,000.00) instead of actual damages. Such damages when awarded are to be on a per incident, rather than a per tenant basis. The prevailing party in any such action may recover costs of the suit and attorney fees.

Section 6. If any provision of this ordinance or its application to any person or circumstance is held invalid, the remainder of the ordinance or the application of the provision to other persons or circumstances is not affected.

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 Municipal Code Section 1.04.020.

Passed by the City Council the _____ day of ____________, 2001, and signed by me in open session in authentication of its passage this _____ day of _________________, 2001. _____________________________________ President _______ of the City Council

Approved by me this _____ day of _________________, 2001. ___________________________________________ Mayor

Filed by me this _____ day of ____________________, 2001. ___________________________________________ City Clerk

03/14/01 (Ver. 5 )