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The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
"Consumer reporting agency" has the meaning set forth in 15 U.S.C. Sec. 1681a(f).
"Contractor" means the contractor with which the department contracts to administer the pilot program if the department does not choose to establish a process for administering the pilot program within the department pursuant to section 2(2) of this act.
"Department" means the department of commerce.
"Dwelling unit" has the same meaning as in RCW 59.18.030.
"Landlord" has the same meaning as in RCW 59.18.030.
"Participant landlord" means a landlord who has agreed in writing to participate in the pilot program and has satisfied the requirements described in section 2(3)(b) of this act.
"Participant tenant" means a tenant who has elected to participate in the pilot program, has satisfied the requirements described in section 2(4) of this act, and whose landlord is a participant landlord.
"Pilot program" means the rent credit reporting pilot program created in section 2 of this act.
"Rent payment information" means information concerning a tenant's timely payment of rent, untimely payment of rent, or nonpayment of rent. "Rent payment information" does not include information concerning a tenant's payment or nonpayment of any fees.
"Tenant" has the same meaning as in RCW 59.18.030.
The rent credit reporting pilot program is created to facilitate the reporting of participant tenants' rent payment information to consumer reporting agencies.
On or before December 1, 2025, the department shall either contract with a third party to administer the pilot program or establish a process for administering the pilot program within the department. The contractor or the department shall administer the pilot program in accordance with this chapter and any rules, guidelines, or policies promulgated by the department pursuant to section 3 of this act.
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By no later than March 1, 2026, the department, or the contractor in consultation with the department if applicable, shall recruit no more than 10 participant landlords and, to the extent practicable, shall attempt to include a total of at least 100 participant tenants, with an emphasis on selecting participant tenants from populations that are underserved and underrepresented in homeownership. To the extent practicable, the department, or the contractor if applicable, shall recruit participant landlords who offer:
A variety of types of dwelling units for rent, including dwelling units of various sizes;
Dwelling units for rent that are located in diverse areas of the state; and
At least five dwelling units for rent.
In order to become a participant landlord, a landlord must agree in writing:
To participate in the pilot program for at least 14 months, but the department shall not require a landlord to report a participant tenant's rent payment information under the pilot program after April 1, 2028;
To submit information about a participant tenant's rent payment information to consumer reporting agencies using only reporting mechanisms that meet any rules, guidelines, or policies promulgated by the department;
Not to charge a participant tenant for participation in the pilot program;
To comply with any rules, guidelines, or policies promulgated by the department pursuant to section 3 of this act; and
To provide information, to the extent practicable, to the department and the contractor, if applicable, concerning the execution of the program for the purpose of informing the report described in section 4 of this act.
The department, or the contractor if applicable, may work with statewide or national associations of landlords to identify potential participant landlords.
The department, or the contractor if applicable, shall support and work with landlords to recruit tenants to participate in the pilot program.
A tenant may participate in the pilot program only if the tenant agrees to participate in writing and authorizes the department to compare the participant tenant's credit score before and after participation in the pilot program for the purpose of the report required in section 4 of this act.
On and after December 15, 2025, the department, or the contractor if applicable, shall:
Provide education to participant landlords and potential participant landlords concerning the requirements of participation in the pilot program; and
Provide information to participant landlords to help recruit participant tenants including, at a minimum, information concerning how to participate in the pilot program.
Subject to the availability of amounts appropriated for this specific purpose, participant landlords that satisfy the requirements described in subsection (3)(b) of this section may be eligible to receive reimbursement for reasonable expenses incurred by the landlord due to participation in the pilot program. Such reimbursement must be paid to participant landlords in accordance with rules, guidelines, or policies established by the department pursuant to section 3 of this act.
On or before December 1, 2025, the department may adopt rules and must establish guidelines or policies for the administration of the pilot program. At a minimum, the rules, guidelines, or policies must:
Ensure that each participant landlord reports only rent payment information concerning a participant tenant's payment of rent after the date upon which the participant tenant elected to participate in the pilot program;
Establish amounts, schedules, and other terms of reimbursement for participant landlords pursuant to section 2(6) of this act; and
Establish a standard form for participant tenants to use to elect to participate or cease participating in the pilot program, which standard form may be electronic and must include:
A statement that the participant tenant's participation in the pilot program is voluntary and that a participant tenant may cease participating in the pilot program at any time and for any reason by providing notice to the participant tenant's participant landlord;
A statement that by participating in the pilot program, the participant tenant authorizes the department to compare the participant tenant's credit score before and after participation in the pilot program for the purpose of the report required in section 4 of this act;
A statement that all of the participant tenant's rent payments may be reported, regardless of whether the payments are timely, late, or missed, and that reporting may commence within 30 days after the participant tenant elects to participate in the pilot program;
A statement that if the participant tenant elects to cease participating in the pilot program, the participant tenant may not resume participating in the pilot program;
Instructions describing how to elect to cease participating in the pilot program; and
A signature block where the participant tenant may sign and date the form.
On or before July 1, 2028, and in compliance with RCW 43.01.036, the department, in consultation with the contractor if applicable, shall submit to the legislature a report concerning the pilot program. At a minimum, the report must indicate:
The number of participant landlords, including an indication as to whether more than 10 landlords expressed an interest in participating;
The number of participant tenants, including the number of participant tenants who ceased participating in the pilot program;
The demographics of participant tenants, including race, ethnicity, gender, income, and age, as may be voluntarily provided by participant tenants;
The cost of administering the pilot program;
The number of residential properties offered by each landlord;
For each participant landlord:
The nature of the reporting mechanism used to report participant tenants' rent payment information to consumer reporting agencies; and
The city and county of each property offered by the participant landlord;
A short narrative of challenges faced by participant landlords and participant tenants during the pilot program; and
A simple assessment of how the pilot program, in aggregate, positively or negatively affected participating tenants' credit, including a comparison of the participating tenants' credit scores before and after participation in the pilot program.
In addition to the information described in subsection (1) of this section, the report may include any recommendations of the department concerning the continuation or repeal of the pilot program.
The department shall make the report described in subsection (1) of this section available on its public website for at least one year after the department submits the report.
This act may be known and cited as the rent credit reporting pilot program act.
This act expires July 1, 2029.