The Seattle City Council is considering a bill that would make licensing of landlords mandatory in the city and sets standards for rental property inspections. Becasue of a certain state law regarding this type of law, Seattle must pass their version prior to June 10, 2010. If you want to infuence your city council representatives, you should contact them soon.
FAQ
Why is rental inspection legislation being proposed?
The 2010 state legislature passed a bill limiting cities' ability to enact proactive rental housing inspection programs. Such inspections are the method for cities to preemptively check that rental units are safe for all residents. The bill said that cities that want to have such a rental inspection program can only require checking for a limited list of conditions that present a current danger to the health or safety of tenants. Though this law sounds thorough, this precludes any inspections to show that rental housing complies with locally adopted housing codes that address the most basic of safety issues, including conditions not included on the list or those that may not yet endanger health or safety, but that will do so with further deterioration.
This same bill also imposes severe restrictions on any city in Washington that wants to proactively inspect rental housing, unless their program is adopted prior to June 10th , 2010. This short timeline is why this law was introduced following the legislative session.
Is there a need for rental inspections?
Seattle has found units recently where:
· A married couple was rented a crawl space with a dirt floor as their place to live
· Six men were renting a unit where their toilet was located in the kitchen
· A university student was rented a furnace room as a bedroom
All of these situations would NOT cause the unit to fail an inspection under the standards set by the new state law
Who is affected by unsafe rental units?
Everyone.
People who cannot afford to pay much for rent deserve a safe unit. Complaining to the city can lead to landlord retribution. Additionally, communities who have affordable units should know the units are safe and maintained.
Do other cities in Washington have a proactive rental inspection program?
Yes, Pasco and Tukwila both have rental inspection programs.
Would someone lose their apartment if a violation is found?
Not in most cases. The city's goal is to encourage landlords to fix a unit while still occupied. Only when there is an immediate risk of potential harm to a tenant would anyone be required to move out. For example, DPD is currently working with a large apartment complex in Ballard to allow the landlord to replace out of compliance baseboard heaters over time to minimize inconvenience to tenants and make the cost manageable for the landlord.
Would inspectors look for other violations or inquire about a renter's immigration status?
No, in most cases inspectors will be private contractors and are only looking for violations of the building or housing code. City inspectors do not inquire about immigration status and focus on the physical condition of the building and premises, not the lives of renters
Why does Seattle want landlords to be licensed?
Seattle wants rental housing to be safe and meet community standards. Many residential tenants, as well as landlords, are unaware of the maintenance and safety standards required for rental housing in Seattle. The licensing program gives the City a means to improve the quality of rental units because they will have to meet Seattle's maintenance and safety standards. Under Seattle's rental standards, any conditions that endanger tenants are not allowed.
Why are rental housing business licenses required for owners who may own only one rental unit?
Renting out housing units to tenants is a business. All other business activities in the City of Seattle are required to obtain business licenses, even if they have only one business location. This would treat landlords the same as other business operators.
Why is an inspection needed for a license?
Seattle's current system is complaint-based - we cannot do anything unless a tenant complains about bad conditions in rental housing. Some tenants won't complain if their landlord won't make repairs, others won't complain because they fear retaliation or a rent increase; others are unaware complaining to the City is even an option; and some won't call a government agency for help because of language or cultural barriers. Requiring inspections for all rental units levels the playing field and assures tenants their rental units are safe and meet minimum housing code standards.
What does a Certificate of Compliance under this program mean?
The inspectors in this program will be inspecting for compliance with all of the items covered by Seattle's housing code, not just those conditions that might endanger life safety. Therefore a certification of compliance assures the tenant that the unit being rented has been inspected and found to meet community housing standards.
How are Seattle's requirements different from those in the registration program provisions just authorized by the State Legislature?
The State legislation restricts local jurisdictions' ability to design their own inspection programs. Conditions in rental housing vary based on location, e.g., what you find in in rural eastern Washington can be very different from the rental housing found in a large city such as Seattle. This proposal is tailored to the needs of the urban environment and the standards of the community in which these units are located. Under the state program, Seattle's options are severely limited:
· Inspectors can inspect only for conditions that endanger health and safety, which mean many serious but non-life-threatening conditions will not be addressed.
· Units in buildings opened within the last four years and where no violation has been reported will NEVER be required to undergo inspection.
· Building owners dictate which units are inspected. This allows unscrupulous owners the opportunity to hide significant problems. By choosing to have only a small number of units in a multiunit building inspected, they can prevent inspectors from discovering significant problems in other units.
How do I know the person inspecting my units is qualified?
This ordinance requires the inspectors under this program to be certified by one of several independent housing inspector organizations and to pass a test specific to Seattle's housing code.
What if a tenant doesn't want his or her unit inspected?
The landlord has a right to, and should, inspect his or her rental units at regular intervals. With proper notice, the tenant is required to allow entry to the owner and an inspector for this purpose.
What happens if a landlord doesn't obtain a license?
A landlord who doesn't obtain a business license would be penalized with fines. In rare cases, the City could also seek a court order requiring a landlord to obtain a license or get out of the business of rental housing.
I think this bill would go a long way in helping to clean up some seriously degraded properties in the city. We have limited land space in Seattle. Nowhere to grow. Let's make every bit of our land area a plus when it comes to livability, whether its green space, housing, commercial or industrial. Whatever you think, you should let the city council know about it.
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