wa-law.org > bill > 2025-26 > SB 6153 > Original Bill
The legislature finds that many Washingtonians over 55 years of age choose to live in communities specifically designed for, and marketed to, seniors who wish to live independently in a community of their peers. These senior independent living housing options are often composed of renters or individuals entering into long-term contracts, such as in continuing care retirement communities. As such, residents of these communities are unable to reasonably move should they have a conflict with management.
The legislature finds these seniors do not have access to ombuds services because the long-term care ombuds do not have jurisdiction over senior independent living. As such, the legislature will create senior independent living ombuds who will track data on the types of complaints and identified resolutions and specialize in landlord-tenant and consumer protection advocacy to assist seniors living in these kinds of housing arrangements with issues that may arise.
The legislature further finds that given low supply and high demand for such housing options, statewide data on available senior independent housing units is necessary for public planning purposes, necessitating a statewide database on senior independent housing unit inventory.
Finally, the legislature finds that provisions of the residential landlord-tenant act with respect to tenants who are senior independent housing residents are matters vitally affecting the public interest for the purpose of applying the consumer protection act.
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
"Department" means the department of commerce.
"Director" means the director of the department of commerce.
"Senior independent housing" means any residential housing that is advertised, maintained, designed, or constructed for the express or implied purpose of providing housing for persons 55 years of age or older who are independent and do not require assistance with activities of daily living. Senior independent housing is typically designed to enable seniors to live on their own, but with the security and convenience of community living, including recreational, educational, and social activities. "Senior independent housing" does not include facilities that provide medical care or assistance with activities of daily living, such as assisted living facilities, nursing homes, long-term care facilities, or other similar living arrangements that are not licensed by the department of social and health services.
"Senior independent housing unit" means an individual dwelling unit in senior independent housing.
All senior independent housing facilities must annually be registered with the department. A facility must report information on the registration form as prescribed by rule of the department including, but not limited to, the number of occupied and vacant senior independent housing units in the facility.
The department shall determine and prescribe by rule a registration fee for each senior independent housing facility. Fee revenue must be deposited into the senior independent housing account created in section 4 of this act.
The department must create and maintain a database that tracks and discloses statewide senior independent housing unit inventory, including the number of occupied and vacant units.
The senior independent housing account is created in the state treasury. All receipts from section 3(2) of this act must be deposited into the account. Moneys in the account may be spent only after appropriation. Expenditures from the account may be used only for the senior independent housing ombuds program created in section 5 of this act.
There is created the office of the state senior independent housing ombuds. The department shall contract with a private nonprofit organization to provide senior independent housing ombuds services. The department shall ensure that all program and staff support necessary to enable the ombuds to effectively protect the interests of all senior independent housing residents is provided by the nonprofit organization that contracts to provide senior independent housing ombuds services. The senior independent housing ombuds shall have the following powers and duties:
Provide services for coordinating the activities of senior independent housing ombuds throughout the state;
Carry out such other activities as the department deems appropriate;
Establish procedures consistent with section 12 of this act for appropriate access by senior independent housing ombuds to resident records, including procedures to protect the confidentiality of the records and ensure that the identity of any complainant or resident will not be disclosed without the written consent of the complainant or resident, or upon court order;
Establish a statewide uniform reporting system to collect and analyze data relating to complaints and conditions in senior independent housing for the purpose of identifying and resolving significant problems; and
Establish procedures to assure that any files maintained by the senior independent housing ombuds programs shall be disclosed only at the discretion of the ombuds having authority over the disposition of such files, except that the identity of any complainant or resident shall not be disclosed by such ombuds unless:
Such complainant or resident, or the complainant's or resident's legal representative, consents in writing to such disclosure; or
Such disclosure is required by court order.
Any senior independent housing ombuds authorized by this chapter or a local governmental authority shall have training or experience, or both, in the following areas:
Gerontology or other related social services programs;
Housing or other related programs;
The consumer protection act, chapter 19.86 RCW;
The state legal system;
Dispute or problem resolution techniques, including investigation, mediation, and negotiation; and
Landlord-tenant law, including the residential landlord-tenant act, chapter 59.18 RCW, and manufactured/mobile home landlord-tenant act, chapter 59.20 RCW.
A senior independent housing ombuds shall not have been employed by or participated in the management of any senior independent housing within the past year.
No senior independent housing ombuds or any member of the ombuds' immediate family shall have, or have had within the past year, any significant ownership or investment interest in one or more senior independent housing units.
A senior independent housing ombuds shall not be assigned to senior independent housing in which a member of that ombuds' immediate family resides.
Every senior independent housing provider shall post in a conspicuous location in every building containing any senior independent housing units a notice of the name, address, and phone number of the office of the appropriate senior independent housing ombuds and a brief description of the services provided by the office. The form of the notice shall be approved by the office of the state senior independent housing ombuds.
A senior independent housing ombuds shall:
Identify, investigate, and resolve complaints made by or on behalf of senior independent housing residents relating to administrative action, inaction, or decisions which may adversely affect the health, safety, welfare, and rights of these individuals;
Monitor the development and implementation of federal, state, and local laws, rules, regulations, and policies with respect to senior independent housing in this state;
Provide information, as appropriate, to residents, resident representatives, and others regarding the rights of residents, and to public agencies regarding the problems of individuals residing in senior independent housing; and
Provide for training volunteers and promoting the development of citizen organizations to participate in the senior independent housing ombuds program. A trained volunteer senior independent housing ombuds, in accordance with the policies and procedures established by the state senior independent housing ombuds program, shall inform residents, their representatives, and others about the rights of residents, and may identify, investigate, and resolve complaints made by or on behalf of residents relating to action, inaction, or decisions, that may adversely affect the health, safety, welfare, and rights of these individuals.
The office of the state senior independent housing ombuds shall develop referral procedures for all senior independent housing ombuds programs to refer any complaint to any appropriate federal, state, or local government agency.
The office of the state senior independent housing ombuds shall develop procedures governing the right of entry of all senior independent housing ombuds to buildings containing any senior independent housing units and shall have access to residents with provisions made for privacy for the purpose of hearing, investigating, and resolving complaints of, and rendering advice to, residents at any time deemed necessary and reasonable by the office of the state senior independent housing ombuds to effectively carry out the provisions of this chapter.
Nothing in this chapter restricts, limits, or increases any existing right of any organizations or individuals not described in subsection (1) of this section to enter or provide assistance to senior independent housing residents.
Nothing in this chapter restricts any right or privilege of any senior independent housing resident to receive visitors of the resident's choice.
A senior independent housing ombuds is not liable for good faith performance of responsibilities under this chapter.
A discriminatory, disciplinary, or retaliatory action may not be taken against any senior independent housing employee, resident, or volunteer, for any communication made, or information given or disclosed, to aid a senior independent housing ombuds in carrying out its duties and responsibilities, unless the same was done maliciously or without good faith. This subsection is not intended to infringe on the rights of the employer to supervise, discipline, or terminate an employee for other reasons.
All communications by a senior independent housing ombuds, if reasonably related to the requirements of that individual's responsibilities under this chapter and done in good faith, are privileged, and that privilege shall serve as a defense to any action in libel or slander.
A representative of the state office of the senior independent housing ombuds is exempt from being required to testify in court as to any confidential matters except as the court may deem necessary to enforce this chapter.
All records and files of a senior independent housing ombuds relating to any complaint or investigation made pursuant to carrying out the senior independent housing ombuds' duties and the identities of complainants, witnesses, or residents shall remain confidential unless disclosure is authorized by the resident or the resident's guardian or legal representative. Disclosure may not be made outside the office of the state senior independent housing ombuds without the consent of any named witnesses, resident, or complainant unless the disclosure is made without the identity of any of the individuals being disclosed.
The department may adopt any rules necessary to implement this chapter.
The legislature finds that the practices covered by this chapter with respect to tenants of senior independent housing as defined in section 2 of this act are matters vitally affecting the public interest for the purpose of applying the consumer protection act, chapter 19.86 RCW. A violation of this chapter with respect to a senior independent housing tenant by a senior independent housing landlord is not reasonable in relation to the development and preservation of business and is an unfair or deceptive act in trade or commerce and an unfair method of competition for the purpose of applying the consumer protection act, chapter 19.86 RCW.