House Bill 2017

Source

Section 1

  1. The legislature finds that having a conviction history or having been incarcerated are significant risk factors for housing instability and homelessness. Formerly incarcerated individuals are almost 10 times more likely to experience homelessness than the rest of the population, and much more likely to experience housing insecurity in general. The legislature recognizes that formerly incarcerated people and their families report being denied housing due to a criminal conviction. These barriers to housing have detrimental economic, emotional, and psychological impacts, including separating families when one member of a household is not permitted to live in the home.

  2. The legislature finds that criminal record screening for rental housing applicants and tenants has a disparate impact on people and communities of color due to racial inequities in the criminal legal system. These impacts are further compounded by racial bias in the tenant application and selection process. The legislature further finds that stable housing with appropriate supportive services is a key factor in preventing homelessness and reducing recidivism for individuals who were formerly incarcerated.

  3. Therefore, the legislature intends to address housing discrimination against people impacted by the criminal legal system. Restricting the use of a conviction history as a reason to deny housing will reduce the harmful impacts that result in high rates of homelessness and housing insecurity among formerly incarcerated individuals.

Section 2

This act may be known and cited as the housing justice act.

Section 3

This section adds a new section to an existing chapter 59.18. Here is the modified chapter for context.

  1. A landlord or any third-party entity may not:

    1. Advertise, publicize, or implement any policy or practice that automatically or categorically excludes from any rental housing all individuals with any arrest record or conviction record;

    2. Require disclosure, inquire about, or take an adverse action against a prospective tenant, tenant, or member of the tenant's household, based on any arrest record or conviction record, except as provided in (c) of this subsection and subject to the exclusions and legal requirements in subsection (7) of this section;

    3. Carry out an adverse action based on registry information of a prospective tenant, tenant, or member of the tenant's household, unless the landlord has a substantial, legitimate, nondiscriminatory reason for taking such action.

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    1. If a landlord takes an adverse action based on a substantial, legitimate, nondiscriminatory reason, the landlord must provide written notice by email, mail, or in person of the adverse action to the prospective tenant or tenant and state the specific registry information that was the basis for the adverse action.

    2. If a tenant screening report or comprehensive reusable tenant screening report is used by a landlord as part of the screening process, the landlord must provide the name and address of the consumer reporting agency and the prospective occupant's or tenant's rights to obtain a free copy of the tenant screening report in the event of a denial or other adverse action and to dispute the accuracy of information appearing in the tenant screening report. The prospective tenant or tenant must be provided at least five business days from the time of notice to dispute the accuracy and relevance of the tenant screening report.

    3. Any refusal of tenancy under this subsection must be communicated to the tenant pursuant to RCW 59.18.257.

  3. Any violation of this section by a landlord occurs in the course of trade or commerce as defined in the consumer protection act, chapter 19.86 RCW and is, for the purpose of applying that chapter, a matter affecting the public interest, is not reasonable in relation to the development and preservation of business, and is an unfair or deceptive act in trade or commerce.

  4. It is a defense to an unlawful detainer action under chapter 59.12 RCW that the action to remove the tenant and recover possession of the premises is in violation of this section.

  5. This section does not prohibit adverse housing decisions based upon other lawful factors within the landlord's knowledge.

  6. This section does not affect, modify, or limit the authority of a local government to adopt any rule, regulation, code, or ordinance to the extent that it is consistent with this section or offers greater protection than this section to a prospective tenant, tenant, or member of the tenant's household with respect to a landlord or third-party entity's use of an arrest record, conviction record, registry information, tenant screening report, or comprehensive reusable tenant screening report. This section also does not affect the authority of a local government to enforce, maintain, or amend any local rule, regulation, code, or ordinance enacted prior to January 1, 2022, related to a landlord or third-party entity's use of an arrest record, conviction record, registry information, tenant screening report, or comprehensive reusable tenant screening report. This section supersedes and preempts any local rule, regulation, code, or ordinance enacted on or after January 1, 2022, to the extent that it offers less protection than this section to a prospective tenant, tenant, or member of the tenant's household with respect to a landlord or third-party entity's use of an arrest record, conviction record, registry information, tenant screening report, or comprehensive reusable tenant screening report.

  7. This section does not apply to:

    1. The renting, subrenting, leasing, or subleasing of federally assisted housing subject to federal regulations that require denial of tenancy including, but not limited to, when any member of the household is subject to a lifetime sex offender registration requirement under a state sex offender registration program or convicted of manufacture or production of methamphetamine on the premises of federally assisted housing;

    2. The renting, subrenting, leasing, or subleasing of a single-family dwelling unit in which the owner or subleasing tenant or subrenting tenant occupy part of the single-family dwelling unit; or

    3. The renting, subrenting, leasing, or subleasing of an accessory dwelling unit or attached accessory dwelling unit as defined in RCW 36.70A.696.

  8. Nothing in this section supersedes or modifies requirements provided in chapter 9A.44 RCW including, but not limited to, registry or supervision requirements. Landlords are not responsible for knowing and enforcing the registry requirements of their tenants or prospective tenants.

  9. For purposes of this section:

    1. "Adverse action" means:

      1. Refusing to engage in or negotiate a rental real estate transaction;

      2. Denying tenancy;

      3. Representing that real property listed for rent or lease is not available for inspection, rental, or lease when in fact it is so available;

      4. Failing or refusing to add a household member to an existing lease;

    2. Expelling or evicting an occupant from real property or otherwise making unavailable or denying a dwelling;

    1. Applying different terms, conditions, or privileges to a rental agreement including, but not limited to, the setting of rates for rental or lease, establishment of damage deposits, or other financial conditions for rental or lease, or in the furnishing of facilities or services in connection with such transaction;

    2. Refusing or failing to list real property for rent or lease;

    3. Refusing or failing to show real property listed for rent or lease;

     ix. Refusing or failing to accept or transmit any reasonable offer to lease, or rent real property;
    1. Terminating a lease; or
    1. Threatening, penalizing, retaliating, or otherwise discriminating against any person for any reason prohibited under this section.

    1. "Arrest record" includes, but is not limited to, information indicating that a person has been questioned, apprehended, taken into custody or detention, held for investigation, arrested, charged with, indicted, or tried for any felony, misdemeanor, or other offense pursuant to any law enforcement or military authority.

    2. "Conviction record" includes, but is not limited to, information indicating that a person has been convicted of a felony, misdemeanor, or other offense including a civil ordinance violation (forfeiture), placed on probation, fined, imprisoned, or paroled pursuant to any law enforcement or military authority.

    3. A "substantial, legitimate, nondiscriminatory reason" exists when the policy or practice is necessary to achieve a substantial, legitimate, and nondiscriminatory interest, which is determined by the landlord by demonstrating, through reliable evidence, a nexus between the policy or practice and resident safety or protecting the property, or both, having considered all the following factors:

      1. The nature and severity of the conviction;

      2. The number and types of convictions;

      3. The time that has elapsed since the date of conviction;

      4. The age of the individual at the time of offense, excluding any convictions for offenses that occurred under the age of 25;

    4. Evidence of good tenant history before or after the conviction occurred; and

    1. Any supplemental information related to the individual's rehabilitation, good conduct, and additional facts or explanations if provided by the individual.

    1. "Registry information" means information solely obtained from a county, statewide, or national sex offender registry including, but not limited to, the registrant's physical description, address, and conviction description and dates.

    2. "Supplemental information" means any information produced by the prospective tenant or tenant, or produced on the tenant's behalf, with respect to the tenant's rehabilitation or good conduct including, but not limited to:

      1. Written or oral statement from the prospective tenant or tenant;

      2. Written or oral statement from a current or previous employer;

      3. Written or oral statement from a current or previous landlord;

      4. Written or oral statement from a member of the judiciary or law enforcement, parole or probation officer, or person who provides similar services;

    3. Written or oral statement from a member of the clergy, counselor, therapist, social worker, community or volunteer organization, or person or institution who provides similar services;

    1. Certificate of rehabilitation;

    2. Certificate of completion or enrollment in an educational or vocational training program, including apprenticeship programs; or

    3. Certificate of completion or enrollment in a drug or alcohol treatment program or in a rehabilitation program.

Section 5

This section modifies existing section 59.18.257. Here is the modified chapter for context.

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    1. Prior to obtaining any information about a prospective tenant, the prospective landlord shall first notify the prospective tenant in writing, or by posting, of the following:

      1. What types of information will be accessed to conduct the tenant screening;

      2. What criteria may result in denial of the application;

      3. If a consumer report is used, the name and address of the consumer reporting agency and the prospective tenant's rights to obtain a free copy of the consumer report in the event of a denial or other adverse action, and to dispute the accuracy of information appearing in the consumer report; and

      4. Whether or not the landlord will accept a comprehensive reusable tenant screening report made available to the landlord by a consumer reporting agency. If the landlord indicates its willingness to accept a comprehensive reusable tenant screening report, the landlord may access the landlord's own tenant screening report regarding a prospective tenant as long as the prospective tenant is not charged for the landlord's own tenant screening report.

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      1. The landlord may charge a prospective tenant for costs incurred in obtaining a tenant screening report only if the prospective landlord provides the information as required in (a) of this subsection.

      2. If a prospective landlord conducts his or her own screening of tenants, the prospective landlord may charge his or her actual costs in obtaining the background information only if the prospective landlord provides the information as required in (a) of this subsection. The amount charged may not exceed the customary costs charged by a screening service in the general area. The prospective landlord's actual costs include costs incurred for long distance phone calls and for time spent calling landlords, employers, and financial institutions.

    3. If a prospective landlord takes an adverse action, the prospective landlord shall provide a written notice of the adverse action to the prospective tenant that states the reasons for the adverse action. The adverse action notice must contain the following information in a substantially similar format, including additional information as may be required under chapter 19.182 RCW:

"ADVERSE ACTION NOTICE

Name

Address

City/State/Zip Code

This notice is to inform you that your application has been:

..... Rejected

..... Approved with conditions:

..... Residency requires an increased deposit

..... Residency requires a qualified guarantor

..... Residency requires last month's rent

..... Residency requires an increased monthly rent of $........

..... Other:

Adverse action on your application was based on the following:

..... Information contained in a consumer report (The prospective landlord must include the name, address, and phone number of the consumer reporting agency that furnished the consumer report that contributed to the adverse action.)

..... The consumer credit report did not contain sufficient information

..... Information received from previous rental history or reference

..... Information received in a criminal history record that relates to a substantial, legitimate, nondiscriminatory reason as described in section 3 of this act

..... Information received in a civil record

..... Information received from an employment verification

Dated this ..... day of ........, ....(year)

Agent/Owner Signature"

  1. Any landlord who maintains a website advertising the rental of a dwelling unit or as a source of information for current or prospective tenants must include a statement on the property's home page stating whether or not the landlord will accept a comprehensive reusable tenant screening report made available to the landlord by a consumer reporting agency. If the landlord indicates its willingness to accept a comprehensive reusable tenant screening report, the landlord may access the landlord's own tenant screening report regarding a prospective tenant as long as the prospective tenant is not charged for the landlord's own tenant screening report.

  2. Any landlord or prospective landlord who violates subsection (1) of this section may be liable to the prospective tenant for an amount not to exceed one hundred dollars. The prevailing party may also recover court costs and reasonable attorneys' fees.

  3. This section does not limit a prospective tenant's rights or the duties of a screening service as otherwise provided in chapter 19.182 RCW.

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