wa-law.org > bill > 2025-26 > SB 6200 > Substitute Bill

SB 6200 - Tenant cooling devices

Source

Section 1

  1. Except as provided under subsections (3) through (5) of this section, a landlord may not prohibit or restrict a tenant from installing a portable cooling device of the tenant's choosing.

  2. A landlord may not require a fee for the use, inspection, or installation of a portable cooling device. Nothing in this section shall preclude a landlord from charging for the rental of a portable cooling device rented by a tenant from the landlord, nor for any damages arising out of a tenant's use of a portable cooling device.

  3. A landlord may prohibit or restrict a tenant from installing a portable cooling device of any type if the dwelling already has a permanently installed and fully operational heat pump, or if installation of the device would:

    1. Violate state or local building codes, state law, or federal law;

    2. Violate the device manufacturer's written safety guidelines for the device;

    3. Cause unreasonable damage to the premises or render the premises uninhabitable; or

    4. Require an electrical supply to power the device that cannot be accommodated by the existing power service to the building, dwelling unit, or circuit.

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    1. A landlord may prohibit or restrict a tenant from installing a window-mounted portable cooling device if:

      1. The window is a necessary egress from the dwelling unit and the device would interfere with its use as egress;

      2. The device would interfere with the tenant's ability to lock a window that is accessible from outside;

      3. The device requires the excessive use of brackets or other hardware that would damage or void the warranty of the window or frame, puncture the exterior wall of the building, or otherwise cause significant damage;

      4. The device cannot be secured in a way that prevents it from falling out of the window; or

    2. The landlord's insurance policy for the dwelling occupied by the tenant expressly restricts or prohibits the use of window-mounted portable cooling devices, this restriction or prohibition has been communicated to the tenant as described in subsection (8) of this section, and the landlord has provided written evidence of insurance policy restrictions or prohibitions to the tenant.

    3. As a condition of installing a portable cooling device, a landlord may require that the device be adequately drained to prevent damage to the dwelling unit or building.

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    1. To verify compliance with the installation limitations allowed under this section, a landlord may also require that a window-mounted portable cooling device be subject to one or more of the following:

      1. Inspection after installation; or

      2. Servicing after installation.

    2. A landlord must provide at least 48 hours' notice prior to any inspection after installation or servicing after installation unless emergency inspection or emergency servicing is required.

  6. A landlord is immune from liability for any claim for damages, injury, or death caused by a window-mounted portable cooling device installed by the tenant, occupant, or agent.

  7. A landlord must notify tenants in their lease of their rights, responsibilities, and restrictions related to installation and operation of a portable cooling device.

  8. A landlord must state in a lease whether the landlord's insurance policy restricts or prohibits the tenant's use of a window-mounted cooling device. A landlord must notify a tenant if and when the landlord's insurance policy changes to allow, prohibit, or restrict the tenant's use of a window-mounted cooling device.

  9. Nothing under this section shall be construed to limit the responsibilities of landlords to provide reasonable accommodations under existing state and federal law.

  10. A landlord is not responsible for any interruption in electrical service resulting from the installation of a portable cooling device that is not caused by the landlord, including interruptions caused by an electrical supply's inability to accommodate use of a portable cooling device.

  11. Nothing in this section shall preclude a landlord from retaining a portion of a security deposit for a lawful purpose under RCW 59.18.280.

  12. For the purposes of this section:

    1. "Portable cooling device" means an air conditioner, portable heat pump, or evaporative cooler, including a device mounted in a window or designed to sit on the floor, but does not include devices whose installation or use require excessive alteration to the dwelling unit including, but not limited to, the excessive use of brackets or other hardware under subsection (4)(a)(iii) of this section.

    2. "Window-mounted portable cooling device" means a portable cooling device that is installed to sit in the window but does not include a floor-mounted device that is connected to a window for air exchange or ventilation.

Section 2

A landlord shall not:

  1. Deny any tenant the right to sell such tenant's mobile home, manufactured home, or park model within a park, or prohibit, in any manner, any tenant from posting on the tenant's manufactured/mobile home or park model, or on the rented mobile home lot, a commercially reasonable "for sale" sign or any similar sign designed to advertise the sale of the manufactured/mobile home or park model. In addition, a landlord shall not require the removal of the mobile home, manufactured home, or park model from the park because of the sale thereof. Requirements for the transfer of the rental agreement are in RCW 59.20.073. Nothing in this subsection prohibits a landlord from enforcing reasonable rules or restrictions regarding the placement of "for sale" signs on the tenant's manufactured/mobile home or park model, or on the rented mobile home lot, if (a) the main purpose of the rules or restrictions is to protect the safety of park tenants or residents and (b) the rules or restrictions comply with RCW 59.20.045. The landlord may restrict the number of "for sale" signs on the lot to two and may restrict the size of the signs to conform to those in common use by home sale businesses;

  2. Restrict the tenant's freedom of choice in purchasing goods or services but may reserve the right to approve or disapprove any exterior structural improvements on a mobile home space: PROVIDED, That door-to-door solicitation in the mobile home park may be restricted in the rental agreement. Door-to-door solicitation does not include public officials, housing and low-income assistance organizations, or candidates for public office meeting or distributing information to tenants in accordance with subsection (3) or (4) of this section;

  3. Prohibit the distribution of information or meetings by tenants of the mobile home park to discuss mobile home living and affairs, including political caucuses or forums for or speeches of public officials or candidates for public office, meetings with housing and low-income assistance organizations, or meetings of organizations that represent the interest of tenants in the park, held in a tenant's home or any of the park community or recreation halls if these halls are open for the use of the tenants, conducted at reasonable times and in an orderly manner on the premises, nor penalize any tenant for participation in such activities;

  4. Prohibit a public official, housing and low-income assistance organization, or candidate for public office from meeting with or distributing information to tenants in their individual mobile homes, manufactured homes, or park models, nor penalize any tenant for participating in these meetings or receiving this information;

  5. Evict a tenant, terminate a rental agreement, decline to renew a rental agreement, increase rental or other tenant obligations, decrease services, or modify park rules in retaliation for any of the following actions on the part of a tenant taken in good faith:

    1. Filing a complaint with any federal, state, county, or municipal governmental authority relating to any alleged violation by the landlord of an applicable statute, regulation, or ordinance;

    2. Requesting the landlord to comply with the provision of this chapter or other applicable statute, regulation, or ordinance of the state, county, or municipality;

    3. Filing suit against the landlord for any reason;

    4. Participation or membership in any homeowners association or group;

  6. Charge to any tenant a utility fee in excess of actual utility costs or intentionally cause termination or interruption of any tenant's utility services, including water, heat, electricity, or gas, except when an interruption of a reasonable duration is required to make necessary repairs;

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    1. Effect an involuntary termination of electric utility or water service due to lack of payment to any tenant on any day for which the national weather service has issued or has announced that it intends to issue a heat-related alert, such as an excessive heat warning, a heat advisory, an excessive heat watch, or a similar alert, for the area in which the tenant's address is located.

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      1. A tenant at whose dwelling electric or water utility service has been disconnected for lack of payment may request that the landlord reconnect service on any day for which the national weather service has issued or has announced that it intends to issue a heat-related alert, such as an excessive heat warning, a heat advisory, an excessive heat watch, or a similar alert, for the area in which the tenant's address is located. The landlord shall inform all tenants in the notice of disconnection of the ability to seek reconnection and provide clear and specific information on how to make that request, including how to contact the landlord.

      2. Upon receipt of a request made pursuant to (b)(i) of this subsection, the landlord shall promptly make a reasonable attempt to reconnect service to the dwelling. The landlord, in connection with a request made pursuant to (b)(i) of this subsection, may require the tenant to enter into a payment plan prior to reconnecting service to the dwelling. If the landlord requires the tenant to enter into a repayment plan, the repayment plan must comply with (c) of this subsection.

    3. A repayment plan required by a landlord pursuant to (b)(ii) of this subsection will be designed both to pay the past due bill by the following May 15th, or as soon as possible after May 15th if needed to maintain monthly payments that are no greater than six percent of the tenant's monthly income, and to pay for continued utility service. The plan may not require monthly payments in excess of six percent of the tenant's monthly income. A tenant may agree to pay a higher percentage during this period, but will not be in default unless payment during this period is less than six percent of the tenant's monthly income. If assistance payments are received by the tenant subsequent to implementation of the plan, the tenant shall contact the landlord to reformulate the plan;

  8. Remove or exclude a tenant from the premises unless this chapter is complied with or the exclusion or removal is under an appropriate court order;

  9. Prevent the entry or require the removal of a mobile home, manufactured home, or park model for the sole reason that the mobile home has reached a certain age. Nothing in this subsection shall limit a landlord's right to exclude or expel a mobile home, manufactured home, or park model for any other reason, including but not limited to, failure to comply with fire, safety, and other provisions of local ordinances and state laws relating to mobile homes, manufactured homes, and park models, as long as the action conforms to this chapter or any other relevant statutory provision; or

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    1. Prohibit or restrict a tenant from installing a portable cooling device of the tenant's choosing, unless installation of the device would:

      1. Violate state or local building codes, state law, or federal law;

      2. Violate the device manufacturer's written safety guidelines for the device;

      3. Cause unreasonable damage to the premises; or

      4. Require an electrical supply to power the device that cannot be accommodated by the power service to the mobile home park or mobile home lot.

    2. For the purposes of this subsection, "portable cooling device" means an air conditioner, portable heat pump, or evaporative cooler, including a device mounted in a window or designed to sit on the floor, but does not include devices whose installation or use requires excessive alteration to the dwelling unit including, but not limited to, the excessive use of brackets or other hardware under section 1(4)(a)(iii) of this act.


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