wa-law.org > bill > 2025-26 > HB 1380 > Original Bill
The legislature finds that:
Evictions and homelessness are increasing and are at unprecedented levels across our state, demanding urgent action;
Many families across Washington state have been displaced or are at risk of displacement due to skyrocketing housing costs and an ongoing severe shortage of affordable housing;
The absence of cohesive state guidance has resulted in an arbitrary patchwork of legislation regarding the use of public spaces, resulting in an inefficient use of state and local resources; and
State and local governments have a shared responsibility in addressing the homelessness crisis and transitioning unsheltered residents into housing.
The legislature intends to:
Encourage the efficient use of state and local resources by providing clear guidance to local governments on how to balance public safety with the urgent need to transition people experiencing homelessness to safe and stable housing;
Protect local governments whose ordinances are objectively reasonable against litigation, including any private right of action for monetary damages; and
Encourage local governments to enact objectively reasonable time, place, and manner regulations to manage public spaces effectively and preserve public peace, health, and safety for the benefit of the entire community.
Any city or town law that regulates the acts of sitting, lying, sleeping, or keeping warm and dry outdoors on public property that is open to the public must be objectively reasonable as to time, place, and manner.
It is an affirmative defense to a charge of violating a city or town law described in subsection (1) of this section that the law is not objectively reasonable.
A person may bring suit for injunctive or declaratory relief to challenge the objective reasonableness of a city or town law described in subsection (1) of this section. The action must be brought in the superior court of the county in which the city or town that enacted the law is located.
For the purposes of subsections (1) and (2) of this section, objective reasonableness must be determined based on the totality of the circumstances. In determining objective reasonableness, special consideration must be given to the impact of the city or town law on persons experiencing homelessness.
In any suit brought pursuant to subsection (3) of this section, the court, in its discretion, may award reasonable attorneys' fees to a prevailing plaintiff if the plaintiff:
Was not seeking to vindicate an interest unique to the plaintiff; and
At least 90 days before the action was filed, provided written notice to the governing body of the city or town that enacted the law being challenged of the plaintiff's intent to bring the action, and the notice provided the governing body with actual notice of the basis upon which the plaintiff intends to challenge the law.
Nothing in this section creates a private right of action for monetary damages for any person.
This section applies to all causes of action commenced on or after the effective date of this section, and to all city or town laws existing on or after the effective date of this section, regardless of when the cause of action arose or when the city or town laws were enacted. To this extent, this section applies retroactively, but in all other respects it applies prospectively.
For the purposes of this section, "keeping warm and dry" means using measures necessary for an individual to survive outdoors given the environmental conditions. "Keeping warm and dry" does not include using any measure that involves fire or flame.
Any code city law that regulates the acts of sitting, lying, sleeping, or keeping warm and dry outdoors on public property that is open to the public must be objectively reasonable as to time, place, and manner.
It is an affirmative defense to a charge of violating a code city law described in subsection (1) of this section that the law is not objectively reasonable.
A person may bring suit for injunctive or declaratory relief to challenge the objective reasonableness of a code city law described in subsection (1) of this section. The action must be brought in the superior court of the county in which the code city that enacted the law is located.
For the purposes of subsections (1) and (2) of this section, objective reasonableness must be determined based on the totality of the circumstances. In determining objective reasonableness, special consideration must be given to the impact of the code city law on persons experiencing homelessness.
In any suit brought pursuant to subsection (3) of this section, the court, in its discretion, may award reasonable attorneys' fees to a prevailing plaintiff if the plaintiff:
Was not seeking to vindicate an interest unique to the plaintiff; and
At least 90 days before the action was filed, provided written notice to the governing body of the code city that enacted the law being challenged of the plaintiff's intent to bring the action, and the notice provided the governing body with actual notice of the basis upon which the plaintiff intends to challenge the law.
Nothing in this section creates a private right of action for monetary damages for any person.
This section applies to all causes of action commenced on or after the effective date of this section, and to all code city laws existing on or after the effective date of this section, regardless of when the cause of action arose or when the code city laws were enacted. To this extent, this section applies retroactively, but in all other respects it applies prospectively.
For the purposes of this section, "keeping warm and dry" means using measures necessary for an individual to survive outdoors given the environmental conditions. "Keeping warm and dry" does not include using any measure that involves fire or flame.
Any county law that regulates the acts of sitting, lying, sleeping, or keeping warm and dry outdoors on public property that is open to the public must be objectively reasonable as to time, place, and manner.
It is an affirmative defense to a charge of violating a county law described in subsection (1) of this section that the law is not objectively reasonable.
A person may bring suit for injunctive or declaratory relief to challenge the objective reasonableness of the county law described in subsection (1) of this section. The action must be brought in the superior court of the county that enacted the law.
For the purposes of subsections (1) and (2) of this section, objective reasonableness must be determined based on the totality of the circumstances. In determining objective reasonableness, special consideration must be given to the impact of the county law on persons experiencing homelessness.
In any suit brought pursuant to subsection (3) of this section, the court, in its discretion, may award reasonable attorneys' fees to a prevailing plaintiff if the plaintiff:
Was not seeking to vindicate an interest unique to the plaintiff; and
At least 90 days before the action was filed, provided written notice to the governing body of the county that enacted the law being challenged of the plaintiff's intent to bring the action, and the notice provided the governing body with actual notice of the basis upon which the plaintiff intends to challenge the law.
Nothing in this section creates a private right of action for monetary damages for any person.
This section applies to all causes of action commenced on or after the effective date of this section, and to all county laws existing on or after the effective date of this section, regardless of when the cause of action arose or when the county laws were enacted. To this extent, this section applies retroactively, but in all other respects it applies prospectively.
For the purposes of this section, "keeping warm and dry" means using measures necessary for an individual to survive outdoors given the environmental conditions. "Keeping warm and dry" does not include using any measure that involves fire or flame.
This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately.