title: RCW 59.20.220

text:
(1) If a court or an arbitrator determines that:
(a) A landlord has failed to carry out a duty or duties imposed by RCW 59.20.130; and
(b) A reasonable time has passed for the landlord to remedy the defective condition following notice to the landlord under RCW 59.20.200 or such other time as may be allotted by the court or arbitrator; the court or arbitrator may determine the diminution in rental value of the property due to the defective condition and shall render judgment against the landlord for the rent paid in excess of such diminished rental value from the time of notice of such defect to the time of decision and any costs of repair done pursuant to RCW 59.20.210 for which no deduction has been previously made. Such decisions may be enforced as other judgments at law and shall be available to the tenant as a set-off against any existing or subsequent claims of the landlord.
The court or arbitrator may also authorize the tenant to contract to make further corrective repairs. The court or arbitrator shall specify a time period in which the landlord may make such repairs before the tenant may contract for such repairs. Such repairs shall not exceed the sum expressed in dollars representing one month's rental of the tenant's mobile home space in any one calendar year.
(2) The tenant shall not be obligated to pay rent in excess of the diminished rental value of the mobile home space until such defect or defects are corrected by the landlord or until the court or arbitrator determines otherwise.
[ 1999 c 359 s 17; 1984 c 58 s 9.]
Notes:
Severability—1984 c 58: See note following RCW 59.20.200.

catchline: Landlord—Failure to carry out duties—Judgment by court or arbitrator for diminished rental value and repair costs—Enforcement of judgment—Reduction in rent.


doc_type: statute

jurisdiction: wa

title: RCW 59.20.230

text:
If a court or arbitrator determines a defective condition as described in RCW 59.20.130 to be so substantial that it is unfeasible for the landlord to remedy the defect within the time allotted by RCW 59.20.200, and that the tenant should not remain on the mobile home space in its defective condition, the court or arbitrator may authorize the termination of the tenancy. The court or arbitrator shall set a reasonable time for the tenant to vacate the premises.
[ 1984 c 58 s 10.]
Notes:
Severability—1984 c 58: See note following RCW 59.20.200.

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Defective condition—Unfeasible to remedy defect—Termination of tenancy.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 59.20.240

text:
The tenant shall be current in the payment of rent including all utilities which the tenant has agreed in the rental agreement to pay before exercising any of the remedies accorded the tenant under the provisions of this chapter: PROVIDED, That this section shall not be construed as limiting the tenant's civil remedies for negligent or intentional damages: PROVIDED FURTHER, That this section shall not be construed as limiting the tenant's right in an unlawful detainer proceeding to raise the defense that there is no rent due and owing.
[ 1984 c 58 s 7.]
Notes:
Severability—1984 c 58: See note following RCW 59.20.200.

catchline: Payment of rent condition to exercising remedies.


title: RCW 59.20.250

text:
The landlord and tenant may agree in writing to submit any dispute arising under this chapter or under the terms, conditions, or performance of the rental agreement to mediation by an independent third party or to settle the dispute through industry mediation procedures. The parties may agree to submit any dispute to mediation before exercising their right to arbitration under RCW 59.20.260.
[ 1984 c 58 s 12.]
Notes:
Severability—1984 c 58: See note following RCW 59.20.200.

catchline: Mediation of disputes by independent third party.


title: RCW 59.20.260

text:
(1) The landlord and tenant may agree in writing to submit a controversy arising under this chapter to arbitration. The agreement shall contain the name of the arbitrator agreed upon by the parties or the process for selecting the arbitrator.
(2) The arbitration shall be administered under this chapter and chapter 7.04A RCW.
[ 2005 c 433 s 47; 1984 c 58 s 13.]
Notes:
Application—Captions not law—Savings—Effective date—2005 c 433: See RCW 7.04A.290 through 7.04A.310 and 7.04A.900.
Severability—1984 c 58: See note following RCW 59.20.200.


title: RCW 59.20.270

text:
(1) If the landlord and tenant agree to submit the matter to arbitration, the parties shall complete an application for arbitration and deliver it to the selected arbitrator.
(2) The arbitrator shall schedule a hearing to be held no later than ten days following receipt of the application.
(3) Reasonable notice of the hearings shall be given to the parties, who shall appear and be heard either in person, by counsel, or by other representative. Hearings shall be informal and the rules of evidence prevailing in judicial proceedings shall not be binding. Hearings may be public or private. The proceedings may be recorded. Any oral or documentary evidence and other data deemed relevant by the arbitrator may be received in evidence. The arbitrator may administer oaths, issue subpoenas, and require the attendance of witnesses and the production of books, papers, contracts, agreements, and documents deemed by the arbitrator to be material to a just determination of the issues in dispute. If a person refuses to obey a subpoena or refuses to be sworn to testify, or any witness, party, or attorney is guilty of any contempt while in attendance at any hearing held under this section, the arbitrator may invoke the jurisdiction of any district or superior court, and the court shall have jurisdiction to issue an appropriate order. Failure to obey the order may be punished by the court as contempt.
(4) Within five days after the hearing, the arbitrator shall make a written decision upon the issues presented. A copy of the decision shall be mailed by certified mail or otherwise delivered to the parties or their designated representatives. The decision of the arbitrator shall be final and binding upon all parties.
(5) If a dispute exists affecting more than one tenant in a similar manner, the arbitrator may with the consent of the parties consolidate the cases into a single proceeding.
(6) Decisions of the arbitrator shall be enforced or appealed under chapter 7.04A RCW.
[ 2005 c 433 s 48; 1984 c 58 s 14.]
Notes:
Application—Captions not law—Savings—Effective date—2005 c 433: See RCW 7.04A.290 through 7.04A.310 and 7.04A.900.
Severability—1984 c 58: See note following RCW 59.20.200.


title: RCW 59.20.280

text:
The administrative fee for this arbitration procedure shall be established by agreement of the parties and the arbitrator and, unless otherwise allocated by the arbitrator, shall be shared equally by the parties. However, upon either party signing an affidavit to the effect that the party is unable to pay the share of the fee, that portion of the fee may be waived or deferred.
[ 1984 c 58 s 15.]
Notes:
Severability—1984 c 58: See note following RCW 59.20.200.

catchline: Arbitration—Fee.


title: RCW 59.20.290

text:
When a party gives notice of intent to arbitrate by giving reasonable notice to the other party, that party shall, at the same time, arrange for arbitration of the grievance in the manner provided for in this chapter. The arbitration shall be completed before the rental due date next occurring after the giving of notice under this section, but in no event shall the arbitrator have less than ten days to complete the arbitration process.
[ 1984 c 58 s 16.]
Notes:
Severability—1984 c 58: See note following RCW 59.20.200.

catchline: Arbitration—Completion of arbitration after giving notice.


title: RCW 59.20.305

text:
A landlord intending to sell or lease a manufactured/mobile home community or the property on which it sits is required to negotiate in good faith with qualified tenant organizations and eligible organizations. Any qualified tenant organization or eligible organization that submits a notice of intent to purchase or lease a manufactured/mobile home community or the property on which it sits pursuant to RCW 59.20.320 and 59.20.325 is required to negotiate in good faith with the landlord intending to sell or lease the manufactured/mobile home community or property on which it sits, including notifying the owner promptly if conditions change and there is no longer any intent to purchase or lease the manufactured/mobile home community or the property on which it sits.
[ 2023 c 40 s 13; 2008 c 116 s 5.]
Notes:
Findings—Intent—2023 c 40: See note following RCW 59.20.030.
Findings—Intent—2008 c 116: "(1) The legislature finds that:
(a) Manufactured/mobile home communities provide a significant source of homeownership opportunities for Washington residents. However, the increasing closure and conversion of manufactured/mobile home communities to other uses, combined with increasing mobile home lot rents, low vacancy rates in existing manufactured/mobile home communities, and the extremely high cost of moving homes when manufactured/mobile home communities close, increasingly make manufactured/mobile home community living insecure for manufactured/mobile home tenants.
(b) Many tenants who reside in manufactured/mobile home communities are low-income households and senior citizens and are, therefore, those residents most in need of reasonable security in the siting of their manufactured/mobile homes because of the adverse impacts on the health, safety, and welfare of tenants forced to move due to closure, change of use, or discontinuance of manufactured/mobile home communities.
(c) The preservation of manufactured/mobile home communities:
(i) Is a more economical alternative than providing new replacement housing units for tenants who are displaced from closing manufactured/mobile home communities;
(ii) Is a strategy by which all local governments can meet the affordable housing needs of their residents;
(iii) Is a strategy by which local governments planning under RCW 36.70A.040 may meet the housing element of their comprehensive plans as it relates to the provision of housing affordable to all economic sectors; and
(iv) Should be a goal of all housing authorities and local governments.
(d) The loss of manufactured/mobile home communities should not result in a net loss of affordable housing, thus compromising the ability of local governments to meet the affordable housing needs of its residents and the ability of these local governments planning under RCW 36.70A.040 to meet affordable housing goals under chapter 36.70A RCW.
(e) The closure of manufactured/mobile home communities has serious environmental, safety, and financial impacts, including:
(i) Homes that cannot be moved to other locations add to Washington's landfills;
(ii) Homes that are abandoned might attract crime; and
(iii) Vacant homes that will not be reoccupied need to be tested for asbestos and lead, and these toxic materials need to be removed prior to demolition.
(f) The self-governance aspect of tenants owning manufactured/mobile home communities results in a lesser usage of police resources as tenants experience fewer societal conflicts when they own the real estate as well as their homes.
(g) Housing authorities, by their creation and purpose, are the public body corporate and politic of the city or county responsible for addressing the availability of safe and sanitary dwelling accommodations available to persons of low income, senior citizens, and others.
(2) It is the intent of the legislature to encourage and facilitate the preservation of existing manufactured/mobile home communities in the event of voluntary sales of manufactured/mobile home communities and, to the extent necessary and possible, to involve manufactured/mobile home community tenants or an eligible organization representing the interests of tenants, such as a nonprofit organization, housing authority, or local government, in the preservation of manufactured/mobile home communities." [ 2008 c 116 s 1.]

catchline: Manufactured/mobile home communities—Good faith negotiations—Notice of intent to purchase or lease.


title: RCW 59.20.310

text:
(1) A court may order an unlawful detainer action to be of limited dissemination for one or more persons if: (a) The court finds that the plaintiff's case was sufficiently without basis in fact or law; (b) the tenancy was reinstated by the court; or (c) other good cause exists for limiting dissemination of the unlawful detainer action.
(2) An order to limit dissemination of an unlawful detainer action must be in writing.
(3) When an order for limited dissemination of an unlawful detainer action has been entered with respect to a person, a tenant screening service provider must not: (a) Disclose the existence of that unlawful detainer action in a tenant screening report pertaining to the person for whom dissemination has been limited, or (b) use the unlawful detainer action as a factor in determining any score or recommendation to be included in a tenant screening report pertaining to the person for whom dissemination has been limited.
[ 2019 c 390 s 18; 2019 c 342 s 9.]
Notes:
Contingent effective date—2019 c 390 ss 17 and 18: See note following RCW 59.20.060.
Finding—Intent—2019 c 390: See note following RCW 59.21.005.
Tax preference performance statement and expiration—2019 c 390: See note following RCW 84.36.560.

catchline: Unlawful detainer action—Limited dissemination.


title: RCW 59.20.315

text:
(1) By majority vote, the judges of the superior court of the county may authorize housing court commissioners appointed pursuant to RCW 59.18.368 to perform any and all of the following duties in an unlawful detainer action under this chapter:
(a) Receive all applications, petitions, and proceedings filed in the superior court related to unlawful detainer actions for residential tenancies covered by this chapter;
(b) Order investigation and reporting of facts upon which to base warrants, subpoenas, orders, or directions in actions or proceedings related to unlawful detainer actions for residential tenancies covered by this chapter;
(c) For the purpose of this chapter, exercise all powers and perform all the duties of a court commissioner appointed pursuant to RCW 2.24.010(1);
(d) Hold hearings in proceedings related to unlawful detainer cases for residential tenancies covered by this chapter and make written reports of all such proceedings, which shall become a part of the record of the superior court;
(e) Provide such supervision in connection with the exercise of its jurisdiction as may be ordered by the presiding judge; and
(f) Cause the orders and findings to be entered in the same manner as orders and findings are entered in cases in the superior court.
(2) All acts and proceedings of a housing court commissioner are subject to revision by the superior court as provided in RCW 2.24.050.
[ 2025 c 268 s 4.]
Notes:
Findings—Intent—Effective date—2025 c 268: See notes following RCW 59.18.368.

catchline: Unlawful detainer action—Housing court commissioner duties.


title: RCW 59.20.320

text:
No county, city, town, or municipality of any class may enact, maintain, or enforce ordinances or other provisions that regulate the same matters in RCW 59.20.325 through 59.20.345. Local laws and ordinances that regulate the same matters as in RCW 59.20.325 through 59.20.345 shall not be enacted and are preempted and repealed, regardless of the nature of the code, charter, or home rule status of such city, town, county, or municipality, except for those local laws already in effect before May 1, 2023.
[ 2023 c 40 s 7.]
Notes:
Findings—Intent—2023 c 40: See note following RCW 59.20.030.

catchline: Manufactured/mobile home communities—Notice of opportunity to compete to purchase—Prohibited.


title: RCW 59.20.325

text:
(1) An owner shall give written notice of an opportunity to compete to purchase indicating the owner's interest in selling the manufactured/mobile home community before the owner markets the manufactured/mobile home community for sale or includes the sale of the manufactured/mobile home community in a multiple listing, and when the owner receives an offer to purchase that the owner intends to consider.
(2) The owner shall give the notice in subsection (1) of this section to:
(a) Each tenant of the manufactured/mobile home community;
(b) The officers of any known qualified tenant organization;
(c) The department of commerce;
(d) The local government within whose jurisdiction all or part of the manufactured/mobile home community exists;
(e) Any housing authority within whose jurisdiction all or part of the manufactured/mobile home community exists; and
(f) The Washington state housing finance commission.
(3) The notice required in subsection (1) of this section must include:
(a) The date that the notice was served per RCW 59.20.150 to all tenants referenced in subsection (2)(a) of this section and distributed to all recipients set forth in subsection (2)(b) through (f) of this section;
(b) A statement that the owner is considering selling the manufactured/mobile home community or the property on which it sits;
(c) A statement that the tenants, through a qualified tenant organization representing a majority of the tenants in the community, based on home sites, or an eligible organization, have an opportunity to compete to purchase the manufactured/mobile home community;
(d) A statement that in order to compete to purchase the manufactured/mobile home community, within 70 days after the certified mailing or personal delivery date stated in accordance with (a) of this subsection of the notice of the owner's interest in selling the manufactured/mobile home community, the tenants must form or identify a single qualified tenant organization for the purpose of purchasing the manufactured/mobile home community and notify the owner in writing of:
(i) The tenants' interest in competing to purchase the manufactured/mobile home community; and
(ii) The name and contact information of the representative or representatives of the qualified tenant organization with whom the owner may communicate about the purchase; and
(e) A statement that information about purchasing a manufactured/mobile home community is available from the department of commerce.
(4) The representative or representatives of the tenants committee will be able to request park operating expenses from the owner within a 20-day information period following delivery of the qualified tenant organization's notice to the owner indicating interest in competing to purchase the manufactured/mobile home community.
(5) An eligible organization may also compete to purchase and is subject to the same time constraints and applicable conditions as a qualified tenant organization.
(6) Electronic delivery of the notice of opportunity to compete to purchase is acceptable to:
(a) The department of commerce;
(b) The local government within whose jurisdiction all or part of the manufactured/mobile home community exists;
(c) Any housing authority within whose jurisdiction all or part of the manufactured/mobile home community exists; and
(d) The Washington state housing finance commission.
(7) Delivery of the notice of opportunity to compete to purchase to the department of commerce must include one copy of the notice as sent to each tenant of the manufactured/mobile home community.
(8) Notices sent under subsection (2)(c) through (f) of this section must be sent within 10 days of notices sent under subsection (2)(a) and (b) of this section.
[ 2025 c 205 s 2; 2024 c 325 s 2; 2023 c 40 s 8.]
Notes:
Findings—Intent—2023 c 40: See note following RCW 59.20.030.

catchline: Manufactured/mobile home communities—Notice of opportunity to compete to purchase.


title: RCW 59.20.330

text:
(1) Within 70 days after the certified mailing or personal delivery date stated in the notice of the opportunity to compete to purchase the manufactured/mobile home community described in RCW 59.20.325, if the tenants choose to compete to purchase the manufactured/mobile home community in which the tenants reside, the tenants must notify the owner in writing of:
(a) The tenants' interest in competing to purchase the manufactured/mobile home community;
(b) Their formation or identification of a single qualified tenant organization made up of a majority of the tenants in the community, based on home sites, formed for the purpose of purchasing the manufactured/mobile home community; and
(c) The name and contact information of the representative or representatives of the qualified tenant organization with whom the owner may communicate about the purchase.
(2) The tenants may only have one qualified tenant organization for the purpose of purchasing the manufactured/mobile home community, but they may partner with a nonprofit or a housing authority to act with or for them subject to the same timelines, duties, and obligations that would apply to tenants and qualified tenant organizations under chapter 40, Laws of 2023.
(3) Within 20 days following delivery of the notice in subsection (1) of this section from the tenants to the owner:
(a) The designated representative or representatives of the qualified tenant organization may make a written request to the owner for:
(i) The asking price for the manufactured/mobile home community, if any; or
(ii) Financial information relating to the operating expenses of the manufactured/mobile home community in order to assist them in making an offer to purchase the park;
(b) The owner may make a written request to the designated representative or representatives of the qualified tenant organization for proof of intent to fund a sale;
(c) All written requests made pursuant to this subsection must be fulfilled within 21 days from receipt unless otherwise agreed by the qualified tenant organization and the owner;
(d) Unless waived by the provider, information provided pursuant to this subsection shall be kept confidential, and a list must be created of persons with whom the tenants may share information who will also keep provided information confidential, including any of the following persons that are either seeking to purchase the manufactured/mobile home community on behalf of the tenants or assisting the qualified tenant organization in evaluating or purchasing the manufactured/mobile home community:
(i) A nonprofit organization or a housing authority;
(ii) An attorney or other licensed professional or adviser; and
(iii) A financial institution.
(4) Within 21 days after delivery of the information described in subsection (3)(a) of this section, if the tenants choose to continue competing to purchase the manufactured/mobile home community, the tenants must:
(a) Form a resident nonprofit cooperative that is legally capable of purchasing real property or associate with a nonprofit corporation or housing authority that is legally capable of purchasing the manufactured/mobile home community in which the tenants reside; and
(b) Submit to the owner a written offer to purchase the manufactured/mobile home community, in the form of a proposed purchase and sale agreement, and either a copy of the articles of incorporation of the corporate entity or other evidence of the legal capacity of the formed or associated corporate entity, nonprofit corporation, or housing authority to purchase real property and the manufactured/mobile home community.
(5)(a) Within 10 days of receiving the tenants' purchase and sale agreement, the owner may accept the offer, reject the offer, or submit a counteroffer.
(b) If the parties reach agreement on the purchase, the purchase and sale agreement must specify the price, due diligence duties, schedules, timelines, conditions, and any extensions.
(c) If the offer is rejected, then the owner must provide a written explanation of why the offer is being rejected and what terms and conditions might be included in a subsequent offer for the landlord to potentially accept it, if any. The price, terms, and conditions of an acceptable offer stated in the response must be universal and applicable to all potential buyers and must not be specific to and prohibitive of a qualified tenant organization or eligible organization making a successful offer to purchase the park.
(d) If the tenants do not: (i) Act as required within the time periods described in chapter 40, Laws of 2023; (ii) violate the confidentiality agreement described in this section; or (iii) reach agreement on a purchase with the owner, the owner is not obligated to take additional action under chapter 40, Laws of 2023 and may record an affidavit pursuant to RCW 59.20.345.
(6) An eligible organization acting on its own behalf is also subject to the same requirements and applicable conditions as those set out in this section.
[ 2024 c 325 s 3; 2023 c 40 s 9.]
Notes:
Findings—Intent—2023 c 40: See note following RCW 59.20.030.

catchline: Manufactured/mobile home communities—Delivery of notice of opportunity to compete to purchase—Tenant duties—Timelines.


title: RCW 59.20.335

text:
(1) During the process described in RCW 59.20.325, the parties shall act in good faith and in a commercially reasonable manner, which includes a duty for the tenants to notify the owner promptly if there is no intent to purchase the manufactured/mobile home community or the property on which it sits. The parties have an overall duty to act in good faith. With respect to negotiation, this overall duty of good faith requirement means that the owner must allow the tenants to develop an offer, must give their offer reasonable consideration, and to further competition, must inform any qualified tenant organization, eligible organizations, and competing potential buyers participating in negotiations upon receipt if a preferred offer is submitted. Furthermore, the owner may not deny residents the same access to the community and to information, such as operating expenses and rent rolls, that the landowner would give to a commercial buyer. With respect to financial information, all parties shall agree to keep this information confidential.
(2) Except as provided in RCW 59.20.340(1), before selling a manufactured/mobile home community to an entity that is not formed by or associated with the tenants, or to an eligible organization, the owner of the manufactured/mobile home community must give the notice required by RCW 59.20.325.
(3) A minor error in providing the notice required by RCW 59.20.325 does not prevent the owner from selling the manufactured/mobile home community to an entity that is not formed by or associated with the tenants and does not cause the owner to be liable to the tenants for damages or a penalty.
(4) During the process described in RCW 59.20.325, the owner may seek, negotiate with, or enter into a contract subject to the rights of the tenants in chapter 40, Laws of 2023 with potential purchasers other than the tenants or an entity formed by or associated with the tenants or another eligible organization.
(5) If the owner does not comply with the requirements of chapter 40, Laws of 2023 in a substantial way that prevents the tenants or an eligible organization from competing to purchase the manufactured/mobile home community, the tenants or eligible organization may:
(a) Obtain injunctive relief to prevent a sale or transfer to an entity that is not formed by or associated with the tenants; and
(b) Recover actual damages not to exceed twice the monthly rent from the owner for each tenant.
(6) If a party misuses or discloses, in a substantial way, confidential information, that party may recover actual damages from the other party.
(7) The department of commerce shall prepare and make available information for tenants about purchasing a manufactured dwelling or manufactured/mobile home community.
(8) Every six months from the date of delivery of a notice of opportunity to compete to purchase as provided in RCW 59.20.325 until sold or no longer for sale or actively listed, the owner must provide the department of commerce by mail, electronic delivery, or personal delivery an update on the status of the notification and an update on the status of sale. The update will be made publicly available by the department of commerce within 10 business days of receipt. The notice must include:
(a) The date that the notice was sent by mail, electronically delivered, or personally delivered to all recipients as set forth in RCW 59.20.325;
(b) The status of the sale or the opportunity to compete to purchase of the property as active, under contract, closed, or removed from the market;
(c) If the property has sold, the date of closing;
(d) If the property is under contract, the anticipated closing date;
(e) If the property is active, any change in listing price and other information noted in subsection (1) of this section.
[ 2025 c 205 s 3; 2024 c 325 s 4; 2023 c 40 s 10.]
Notes:
Findings—Intent—2023 c 40: See note following RCW 59.20.030.

catchline: Manufactured/mobile home communities—Notice of opportunity to compete to purchase—Process.


title: RCW 59.20.340

text:
(1) With regard to a sale or transfer of a manufactured/mobile home community, RCW 59.20.325 and 59.20.330 do not apply to any:
(a) Sale or transfer to an individual identified in RCW 11.04.015 if the owner of the manufactured/mobile home community dies intestate;
(b) Transfer by gift, devise, or operation of law;
(c) Transfer by a corporation to an affiliate;
(d) Transfer by a partnership to any of its partners;
(e) Transfer among the shareholders who own a manufactured/mobile home community;
(f) Transfer to a member of the owner's family or to a trust for the sole benefit of members of the owner's family;
(g) Sale or transfer of less than a controlling interest in the legal entity that owns the manufactured/mobile home community;
(h) Conveyance of an interest in a manufactured/mobile home community incidental to the financing of the mobile home park;
(i) Sale or transfer between or among joint tenants or tenants in common owning a manufactured/mobile home community;
(j) Bona fide exchange of a manufactured/mobile home community for other real property under section 1031 of the internal revenue code, as long as, at the time the manufactured/mobile home community owner lists the property or receives an offer for the manufactured/mobile home community, the owner has already commenced the exchange by the purchase of a property through a qualified exchange agent. In that circumstance, the owner has a deadline for selling the manufactured/mobile home community in order to gain the 1031 tax benefits; and
(k) Purchase of a manufactured/mobile home community by a governmental entity under the entity's powers of eminent domain.
(2) For the purposes of this section, "affiliate" means an individual, corporation, limited partnership, unincorporated association, or entity that holds any direct or indirect ownership interest in the manufactured/mobile home community, except that the notice and extension of the opportunity to purchase must be granted to a qualified tenant organization or other eligible organization where the majority interest in the ownership of the manufactured/mobile home community or the power, directly or indirectly, to direct or cause the direction of the management and policies over the manufactured/mobile home community, whether through ownership of voting stock, by contract, or otherwise, is sold, transferred, or conveyed to any individual, corporation, limited partnership, unincorporated association, or other entity which has not held such a direct or indirect ownership interest in the manufactured/mobile home community for three or more years.
[ 2023 c 40 s 11.]
Notes:
Findings—Intent—2023 c 40: See note following RCW 59.20.030.

catchline: Manufactured/mobile home communities—Sale, transfer.


title: RCW 59.20.345

text:
(1) An owner may record an affidavit in the county in which the manufactured/mobile home community is located that certifies that the owner has:
(a) Complied with the requirements of RCW 59.20.325 and 59.20.330 with reference to an offer received by the owner for the purchase or transfer of the manufactured/mobile home community or to a counteroffer the owner has made or intends to make;
(b) Not entered into a contract for the sale or transfer of the manufactured/mobile home community to an entity formed by or associated with the tenants.
(2) The following parties have an absolute right to rely on the truth and accuracy of all statements appearing in the affidavit and are not obligated to inquire further as to any matter or fact relating to the owner's compliance with RCW 59.20.325 and 59.20.330:
(a) A party that acquires an interest in a manufactured/mobile home community;
(b) A title insurance company or an attorney that prepares, furnishes, or examines evidence of title.
(3) The purpose and intention of this section is to preserve the marketability of title to manufactured/mobile home communities across the state. Accordingly, this section must be liberally construed so that all persons may rely on the record title to manufactured/mobile home communities.
[ 2023 c 40 s 12.]
Notes:
Findings—Intent—2023 c 40: See note following RCW 59.20.030.

catchline: Manufactured/mobile home communities—Affidavit for notice of opportunity to compete to purchase—Preserve marketability of title.


title: RCW 59.20.350

text:
(1) The department of commerce must maintain a registry of all eligible organizations that submit to the department of commerce a written request to receive notices of opportunity to compete to purchase or lease manufactured/mobile home communities pursuant to RCW 59.20.325. The department of commerce must provide registered eligible organizations with notices of opportunity to compete to purchase once it receives such a notice. The registry must include the following information:
(a) The name and mailing address of the eligible organization; and
(b) A statement that the eligible organization wishes to purchase or lease a manufactured/mobile home community.
(2) The department of commerce must provide a copy of the registry required to be maintained under this section to any person upon request.
[ 2023 c 40 s 14.]
Notes:
Findings—Intent—2023 c 40: See note following RCW 59.20.030.

catchline: Manufactured/mobile home communities—Notice of opportunity to compete to purchase—Registry of eligible organizations—Department of commerce to maintain.


title: RCW 59.20.355

text:
(1) An owner who sells or transfers a manufactured/mobile home community and willfully fails to comply with RCW 59.20.325, 59.20.330, or 59.20.305 is liable to the state of Washington for a civil penalty in the amount of $10,000. This penalty is the exclusive state remedy for a violation of RCW 59.20.325, 59.20.330, or 59.20.305.
(2) The attorney general may bring a civil action in superior court in the name of the state against a landlord under this section to recover the penalty specified in subsection (1) of this section.
[ 2023 c 40 s 15.]
Notes:
Findings—Intent—2023 c 40: See note following RCW 59.20.030.

catchline: Manufactured/mobile home communities—Notice of opportunity to compete to purchase—Failure to comply by owner—Penalty—Civil action.


title: RCW 59.20.360

text:
RCW * 59.20.300, 59.20.305, 59.20.325, 59.20.330, and 59.20.355 do not apply to any sale or transfer of a manufactured/mobile home community to a county in order to reduce conflicting residential uses near military installations.
[ 2023 c 40 s 16.]
Notes:
*Reviser's note: RCW 59.20.300 was repealed by 2025 c 205 s 1.
Findings—Intent—2023 c 40: See note following RCW 59.20.030.

catchline: Manufactured/mobile home communities—Notice of opportunity to compete to purchase—Exception.


title: RCW 59.20.370

text:
(1) Except as authorized by an exemption under RCW 59.20.380 and as provided in RCW 59.20.060(2)(c), a landlord may not increase the rent for any type of tenancy, regardless of whether the tenancy is month-to-month or for a term greater than month-to-month:
(a) During the first 12 months after the tenancy begins; and
(b) During any 12-month period of the tenancy, in an amount greater than five percent.
(2) If a landlord increases the rent above the amount allowed in subsection (1) of this section as authorized by an exemption under RCW 59.20.380, the landlord must include facts supporting any claimed exemptions in the written notice of the rent increase. Notice must comply with this section, RCW 59.20.390, 59.20.090(2), and be served in accordance with RCW 59.20.150.
(3) If a landlord increases rent above the amount allowed in subsection (1) of this section and the increase is not authorized by an exemption under RCW 59.20.380, the tenant must offer the landlord an opportunity to cure the unauthorized increase by providing the landlord with a written demand to reduce the increase to an amount that complies with the limit created in this section. In addition to any other remedies or relief available under this chapter or other law, the tenant may terminate the rental agreement at any time prior to the effective date of the increase by providing the landlord with written notice at least 30 days before terminating the rental agreement. If a tenant terminates a rental agreement under this subsection, the tenant owes rent for the full month in which the tenant vacates the manufactured/mobile home lot. A landlord may not charge a tenant any fines or fees for terminating a rental agreement under this subsection.
(4)(a) A tenant or the attorney general may bring an action in a court of competent jurisdiction to enforce compliance with this section or RCW 59.20.380, 59.20.390, 59.20.060, or 59.20.170. If the court finds that a landlord violated any of the laws listed in this subsection, the court shall award the following damages to the tenant and attorneys' fees and costs to the tenant who brings the action or the attorney general:
(i) Damages in the amount of any excess rent, fees, or other costs paid by the tenant;
(ii) Damages in an amount of up to three months of any unlawful rent, fees, or other costs charged by the landlord; and
(iii) Reasonable attorneys' fees and costs incurred in bringing the action.
(b) The attorney general may bring an action under this subsection notwithstanding whether the tenant has offered the landlord an opportunity to cure, and may recover civil penalties of not more than $7,500 for each violation in addition to other remedies provided by this subsection. The attorney general may issue written civil investigative demands for pertinent documents, answers to written interrogatories, or oral testimony as required to investigate or bring an action under this subsection.
(5) The remedies provided by this section are in addition to any other remedies provided by law.
(6) A landlord may not report a tenant to a tenant screening service provider for failure to pay the portion of the tenant's rent that was unlawfully increased in violation of this section.
[ 2026 c 118 s 102; 2025 c 209 s 201.]
Notes:
Effective date—2025 c 209: See note following RCW 59.18.700.

catchline: Landlord—Prohibition on certain rent increases—Notice—Enforcement—Penalties.


title: RCW 59.20.380

text:
A landlord may increase rent in an amount greater than allowed under RCW 59.20.370 only as authorized by the exemptions described in this section or as provided in RCW 59.20.060(2)(c).
(1) Rent increases are not limited by RCW 59.20.370 for any of the following types of tenancies:
(a) A tenancy in a manufactured/mobile home lot owned by a:
(i) Public housing authority;
(ii) Public development authority; or
(iii) Nonprofit organization, where maximum rents are regulated by other laws or local, state, or federal affordable housing program requirements; or
(b) A tenancy in a qualified low-income housing development as defined in RCW 82.45.010, where the property is owned by any of the organizations described in (a)(i) through (iii) of this subsection.
(2) During the first 12 months after the qualified sale of a manufactured/mobile home community to an eligible organization as defined in RCW 59.20.030 whose mission aligns with the long-term preservation and affordability of the manufactured/mobile home community, the eligible organization may increase the rent for the manufactured/mobile home community in an amount greater than allowed under RCW 59.20.370 as needed to cover the cost of purchasing the manufactured/mobile home community if the increase is approved by vote or agreement with the majority of the manufactured/mobile home owners in the manufactured/mobile home community.
(3) If a rental agreement is transferred under RCW 59.20.073 due to a former tenant's sale of a manufactured/mobile home, the landlord has the option to make a one-time increase in an amount not limited by RCW 59.20.370 to the rent for the manufactured/mobile home lot at the time of the first renewal of the rental agreement after the transfer. A landlord must provide the manufactured/mobile home buyer with notice of this one-time increase option prior to the final transfer of the rental agreement to the buyer. If a landlord exercises this one-time increase option, evidence that the proper notice was provided to the buyer prior to the final transfer of the rental agreement must be included along with the notice required under RCW 59.20.390.
[ 2025 c 209 s 202.]
Notes:
Effective date—2025 c 209: See note following RCW 59.18.700.

catchline: Landlord—Prohibition on certain rent increases—Exemptions.


title: RCW 59.20.390

text:
(1)(a) Except as provided in subsection (2) of this section, a landlord must provide a tenant with notice of rent increases in a form that is substantially the same as the form provided in subsection (3) of this section.
(b) Notice under this section must also:
(i) Comply with the requirements in RCW 59.20.090(2) related to the number of months of prior written notice required for a rent increase; and
(ii) Be served in accordance with RCW 59.20.150.
(2) The notice of rent increase requirement in this section does not apply if the rental agreement governs a subsidized tenancy where the amount of rent is based on, in whole or in part, a percentage of the income of the tenant or other circumstances specific to the subsidized household. However, for purposes of this section, a subsidized tenancy does not include tenancies where some or all of the rent paid to the landlord comes from a portable tenant-based voucher or similar portable assistance administered through a housing authority or other state or local agency, or tenancies in other types of affordable housing where maximum unit rents are limited by area median income levels and a tenant's base rent does not change as the tenant's income does.
(3) "TO TENANTS: (tenant name(s))
AT ADDRESS: (tenant address)
RENT AND FEE INCREASE NOTICE TO TENANTS
This notice is required by Washington state law to inform you of your rights regarding rent and fee increases. Your rent or rental amount includes all recurring and periodic charges, sometimes referred to as rent and fees, identified in your rental agreement for the use and occupancy of your manufactured/mobile home lot. Washington state limits how much your landlord can raise your rent and any other recurring or periodic charges for the use and occupancy of your manufactured/mobile home lot.
(1) Your landlord can raise your rent and other recurring or periodic charges once every 12 months by up to five percent, as allowed by RCW 59.20.370. Your landlord is not required to raise the rent or other recurring or periodic charges by any amount.
(2) Your landlord may be exempt from the five percent limit on increases for rent and other recurring or periodic charges for the reasons described in RCW 59.20.380. If your landlord claims an exemption, your landlord is required to include supporting facts with this notice.
(3) Your landlord must properly and fully complete the form below to notify you of any increases in rent and other recurring or periodic charges and any exemptions claimed.
Your landlord (name) intends to (check one of the following):
__ Raise your rent and/or other recurring and periodic charges: Your total increase in rent and other recurring or periodic charges effective (date) will be (percent), which totals an additional $(dollar amount) per month, for a new total amount of $(dollar amount) per month for rent and other recurring or periodic charges.
This increase in rent and/or other recurring and periodic charges is allowed by state law and is (check one of the following):
__ A lower increase than the maximum allowed by state law.
__ The maximum increase allowed by state law.
__ Authorized by an exemption under RCW 59.20.380. If the increase is authorized by an exemption, your landlord must fill out the section of the form below.
EXEMPTIONS CLAIMED BY LANDLORD
I (landlord name) certify that I am allowed under Washington state law to raise your rent and other recurring or periodic charges by (percent), which is more than the maximum increase otherwise allowed by state law, because I am claiming the following exemption under RCW 59.20.380 (check one of the following):
__ You live on a manufactured/mobile home lot owned by a public housing authority, public development authority, or nonprofit organization where maximum rents are regulated by other laws or local, state, or federal affordable housing program requirements, or a qualified low-income housing development as defined in RCW 82.45.010, where the property is owned by a public housing authority, public development authority, or nonprofit organization. (The landlord must include facts or attach documents supporting the exemption.)
__ You live in a manufactured/mobile home community that was purchased during the past 12 months by an eligible organization as defined in RCW 59.20.030 whose mission aligns with the long-term preservation and affordability of your manufactured/mobile home community, so the eligible organization may increase the rent and other recurring or periodic charges for your manufactured/mobile home community in an amount greater than allowed under RCW 59.20.370 as needed to cover the cost of purchasing your manufactured/mobile home community if the increase is approved by vote or agreement with the majority of the manufactured/mobile home owners in your manufactured/mobile home community. (The landlord must include facts or attach documents supporting the exemption.)
__ Your manufactured/mobile home lot rental agreement is up for first renewal after it was transferred to you under RCW 59.20.073, so your landlord is allowed to make a one-time increase to your rent and other recurring or periodic charges in an amount not limited by RCW 59.20.370. In order to exercise this one-time increase option, the landlord must have provided you with notice of this option prior to the final transfer of the rental agreement to you. (The landlord must include facts or attach documents supporting the exemption, including evidence that proper notice of this one-time increase option was provided to you prior to the final transfer of the rental agreement.)"
[ 2026 c 118 s 101; 2025 c 209 s 203.]
Notes:
Effective date—2025 c 209: See note following RCW 59.18.700.

catchline: Landlord—Notice of rent increases—Form.


title: RCW 59.20.901

text:
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 July 1, 1999.
[ 1999 c 359 s 21.]

catchline: Effective date—1999 c 359.


title: RCW 59.20.902

text:
For the purposes of this chapter, the terms spouse, marriage, marital, husband, wife, widow, widower, next of kin, and family shall be interpreted as applying equally to state registered domestic partnerships or individuals in state registered domestic partnerships as well as to marital relationships and married persons, and references to dissolution of marriage shall apply equally to state registered domestic partnerships that have been terminated, dissolved, or invalidated, to the extent that such interpretation does not conflict with federal law. Where necessary to implement chapter 521, Laws of 2009, gender-specific terms such as husband and wife used in any statute, rule, or other law shall be construed to be gender neutral, and applicable to individuals in state registered domestic partnerships.
[ 2009 c 521 s 140.]

catchline: Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.


title: RCW 59.21.005

text:
The legislature recognizes that it is quite costly for tenants who own homes in manufactured/mobile home parks to relocate when the park in which they reside is closed or converted to another use. Many such tenants need financial assistance in order to relocate from a manufactured/mobile home park. The purpose of this chapter is to provide a mechanism for assisting manufactured/mobile home tenants to relocate their manufactured/mobile homes to suitable alternative sites or demolish and dispose of their homes and secure alternative housing of their choice.
[ 2021 c 28 s 1; 2019 c 390 s 1; 1995 c 122 s 2; 1991 c 327 s 8.]
Notes:
Finding—Intent—2019 c 390: "The legislature finds that manufactured housing communities provide significant opportunity for affordable housing, but at the same time, vacancy rates in established communities are very low. Siting a replacement manufactured home on a manufactured housing community lot is basic to a landlord's right to continue in business and to provide opportunity for housing that is needed. Imposing undue burdens and new restrictions for the siting of replacement manufactured homes may deem lots unusable as home sites thus, exacerbating the low vacancy rates and reducing affordable housing opportunities. The legislature intends to provide protection for manufactured housing communities by not prohibiting the siting of a manufactured/mobile home on an existing lot based solely on lack of compliance with the existing separation and setback requirements that regulate distance between such homes." [ 2019 c 390 s 13.]
Tax preference performance statement and expiration—2019 c 390: See note following RCW 84.36.560.

catchline: Declaration—Purpose.


title: RCW 59.21.006

text:
The legislature recognizes that, in the decision of Guimont et al. v. Clarke, 121 Wn.2d (1993), the Washington supreme court held the mobile home relocation assistance program of chapter 59.21 RCW invalid for its monetary burden on mobile home park-owners. However, during the program's operation, substantial funds were validly collected from mobile home owners and accumulated in the mobile home park relocation fund, created under the program. The legislature intends to utilize those funds for the purposes for which they were collected. The legislature also recognizes that, for a period of almost three years since this state's courts invalidated the program, no such assistance was available. The most needy tenants may have been forced to sell or abandon rather than relocate their homes in the face of park closures. Because the purpose of the program was to assist relocation, those persons should be compensated in a like manner to those who could afford to pay for relocation without assistance. To that end, the legislature has: (1) Repealed RCW 59.21.020, 59.21.035, 59.21.080, 59.21.085, 59.21.095, 59.21.900, 59.21.901, 59.21.902, and 59.21.903; (2) amended RCW 59.21.010, 59.21.030, 59.21.040, 59.21.050, 59.21.070, * 59.21.100, 59.21.110, and 43.84.092; (3) reenacted without amendment RCW 59.21.005 and ** 59.21.105; and (4) added new sections to chapter 59.21 RCW.
[ 1995 c 122 s 1.]
Notes:
Reviser's note: *(1) RCW 59.21.100 and 59.21.110 were not amended by 1995 c 122.
**(2) RCW 59.21.105 was reenacted and amended by 1995 c 122.

catchline: Declaration—Intent—Purpose—1995 c 122.


title: RCW 59.21.010

text:
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Assignee" means an individual or entity who has agreed to advance allowable relocation assistance expenses in exchange for the assignment and transfer of a right to reimbursement from the fund.
(2) "Department" means the department of commerce.
(3) "Director" means the director of the department of commerce.
(4) "Fund" means the manufactured/mobile home park relocation fund established under RCW 59.21.050.
(5) "Landlord" or "park-owner" means the owner of the manufactured/mobile home park that is being closed at the time relocation assistance is provided.
(6) "Low-income household" means a single person, family, or unrelated persons living together whose adjusted income is less than 80 percent of the median family income, adjusted for household size, for the county where the manufactured/mobile home is located.
(7) "Manufactured/mobile home park" or "park" means real property that is rented or held out for rent to others for the placement of two or more manufactured/mobile homes for the primary purpose of production of income, except where the real property is rented or held out for rent for seasonal recreational purpose only and is not intended for year-round occupancy.
(8) "Relocate" means to do one of the following:
(a) Remove a manufactured/mobile home from a manufactured/mobile home park being closed and reinstall it in another location;
(b) Remove a manufactured/mobile home from a manufactured/mobile home park being closed and demolish and dispose of it and secure other housing; or
(c) Remove a manufactured/mobile home from a manufactured/mobile home park being closed by selling or gifting the home to a third party and secure other housing.
(9) "Relocation assistance" means the monetary assistance provided under this chapter, including reimbursement for the costs of relocation as well as cash assistance provided to allow the tenant to secure new housing.
(10) "Tenant" means a person that owns a manufactured/mobile home located on a rented lot in a manufactured/mobile home park.
(11) "Third party" means a person or persons who purchase or are gifted a tenant's home, with the condition they are responsible for removing the home on or prior to the park closure date and relocate the home under subsection (8)(a) or (b) of this section. The third party is not entitled to relocation assistance related to relocation of the purchased or gifted home.
[ 2023 c 259 s 1; 2019 c 390 s 2. Prior: 2009 c 565 s 47; 2002 c 257 s 1; 1998 c 124 s 1; 1995 c 122 s 3; 1991 c 327 s 10; 1990 c 171 s 1; 1989 c 201 s 1.]
Notes:
Finding—Intent—2019 c 390: See note following RCW 59.21.005.
Tax preference performance statement and expiration—2019 c 390: See note following RCW 84.36.560.
Effective date—2002 c 257: "This act takes effect January 1, 2003." [ 2002 c 257 s 5.]

catchline: Definitions.


title: RCW 59.21.021

text:
(1) If a manufactured/mobile home park is, or is scheduled to be, closed or converted to another use, eligible tenants shall be entitled to relocation assistance on a first-come, first-serve[d] basis. The department shall give priority for distribution of relocation assistance to eligible tenants residing in parks that are closed as a result of park-owner fraud or as a result of health and safety concerns as determined by the local board of health. Payments shall be made upon the department's verification of eligibility, subject to the availability of remaining funds.
(2) Eligibility for relocation assistance funds is limited to low-income households in manufactured/mobile home parks that are, or are scheduled to be, closed or converted to another use.
(3) Eligible tenants are entitled to financial assistance from the fund, up to a maximum of $17,000 for a multisection home and up to a maximum of $11,000 for a single-section home. The department shall distribute relocation assistance for each eligible tenant as follows:
(a) $12,000 for a multisection home and $8,000 for a single-section home shall be disbursed in the form of cash assistance to help the tenant relocate the home or secure alternative housing; and
(b) The remainder of the total assistance shall be disbursed once the tenant has transferred the title to the park-owner, relocated the home, or demolished and disposed of the home. The tenant must either transfer title of the manufactured/mobile home to the park-owner, relocate, or demolish and dispose of the home by the park closure date to receive the remainder of the assistance. A tenant who removes the tenant's home on or before the park closure date and reinstalls the home in another location within 12 months after the closure date is eligible to receive the remainder of the assistance.
(4) In the event that the tenant does not relocate or demolish and dispose of the home by the park closure date, the park-owner may seek reimbursement from the fund in the amount of $4,000 for a multisection home and $2,500 for a single-section home.
(a) To receive such reimbursement, the park-owner must provide documentation to the department demonstrating costs incurred for demolition and disposal of the home.
(b) The park-owner may seek reimbursement for additional costs incurred for demolition and disposal of the home up to an additional $4,500 for a multisection home and $3,000 for a single-section home from the portion of the relocation fund to which park-owners must contribute pursuant to RCW 59.30.050.
(5) Any individual or organization may apply to receive relocation assistance from the fund, for use in combination with funds from public or private sources, toward relocation of tenants eligible under this section, with agreement from the tenant.
(6) The legislature intends the cash assistance provided under subsection (3) of this section to be considered a one-time direct grant payment that shall be excluded from household income calculations for purposes of determining the eligibility of the recipient for benefits or assistance under any state program financed in whole or in part with state funds.
[ 2023 c 259 s 2; 2021 c 28 s 2; 2019 c 390 s 3; 2005 c 399 s 5; 2002 c 257 s 2; 1998 c 124 s 2; 1995 c 122 s 5.]
Notes:
Finding—Intent—2019 c 390: See note following RCW 59.21.005.
Tax preference performance statement and expiration—2019 c 390: See note following RCW 84.36.560.
Effective date—2002 c 257: See note following RCW 59.21.010.

catchline: Relocation assistance—Eligibility—Amounts of assistance—Distribution of assistance—Reimbursement—Application to receive relocation assistance.


title: RCW 59.21.030

text:
(1) The closure notice required by RCW 59.20.080 before park closure or conversion of the park shall be given to the director or the director's designee and all tenants in writing, and conspicuously posted at all park entrances.
(2) The closure notice required under RCW 59.20.080 must be in substantially the following form:
"CLOSURE NOTICE TO TENANTS
NOTICE IS HEREBY GIVEN on the . . . . day of . . . ., . . . ., of a conversion of this mobile home park or manufactured housing community to a use other than for mobile homes, manufactured homes, or park models, or of a conversion of the mobile home park or manufactured housing community to a mobile home park cooperative or a mobile home park subdivision. This change of use becomes effective on the . . . . day of . . . ., . . . ., which is the date two years after the date this closure notice is given.
PARK OR COMMUNITY MANAGEMENT OR OWNERSHIP INFORMATION:
For information during the period preceding the effective change of use of this mobile home park or manufactured housing community on the . . . . day of . . . ., . . . ., contact:
Name:
Address:
Telephone:
PURCHASER INFORMATION, if applicable:
Contact information for the purchaser of the mobile home park or manufactured housing community property consists of the following:
Name:
Address:
Telephone:
PARK PURCHASE BY TENANT ORGANIZATIONS, if applicable:
The owner of this mobile home park or manufactured housing community may be willing to entertain an offer of purchase by an organization or group consisting of park or community tenants or a not-for-profit agency designated by the tenants. Tenants should contact the park owner or park management with such an offer. Any such offer must be made and accepted prior to closure, and the timeline for closure remains unaffected by an offer. Acceptance of any offer is at the discretion of the owner and is not a first right of refusal.
RELOCATION ASSISTANCE RESOURCES:
For information about the availability of relocation assistance, contact the Office of Mobile/Manufactured Home Relocation Assistance within the Department of Commerce."
(3) The closure notice required by RCW 59.20.080 must also meet the following requirements:
(a) A copy of the closure notice must be provided with all rental agreements signed after the original park closure notice date as required under RCW 59.20.060;
(b) Notice to the director or director's designee must include: (i) A good faith estimate of the timetable for removal of the mobile homes; (ii) the reason for closure; and (iii) a list of the names and mailing addresses of the current registered park tenants. Notice required under this subsection must be sent to the director or director's designee within 10 business days of the date notice was given to all tenants as required by RCW 59.20.080; and
(c) Notice must be recorded in the office of the county auditor for the county where the mobile home park is located.
(4) The department must mail every tenant an application and information on relocation assistance within 10 business days of receipt of the notice required in subsection (1) of this section.
[ 2024 c 325 s 6; 2019 c 342 s 10; 2006 c 296 s 1; 1995 c 122 s 7; 1990 c 171 s 3; 1989 c 201 s 3.]

catchline: Closure notice—Requirements.


title: RCW 59.21.033

text:
(1) The department shall produce and maintain on its website translated versions of the notice under RCW 59.21.030 in the top ten languages spoken in Washington state and, at the discretion of the department, other languages. The notice must be made available upon request in printed form on one letter size paper, eight and one-half by eleven inches, and in an easily readable font size.
(2) The department shall also provide on its website information on where tenants can access legal or advocacy resources, including information on any immigrant and cultural organizations where tenants can receive assistance in their primary language.
[ 2019 c 342 s 11.]

catchline: Notice—Translated versions—Legal or advocacy resource information.


title: RCW 59.21.040

text:
A tenant is not entitled to relocation assistance under this chapter if: (1) The tenant has given notice to the landlord of his or her intent to vacate the park and terminate the tenancy before any written notice of closure pursuant to RCW 59.20.080(1)(e) has been given; or (2) the tenant purchased a mobile home already situated in the park or moved a mobile home into the park after a written notice of closure pursuant to RCW 59.20.080(1)(e) has been given and the person received actual prior notice of the change or closure. However, no tenant may be denied relocation assistance under subsection (1) of this section if the tenant has remained on the premises and continued paying rent for a period of at least six months after giving notice of intent to vacate and before receiving formal notice of a closure or change of use.
[ 2024 c 325 s 7; 2023 c 259 s 3; 2023 c 40 s 17; 1998 c 124 s 4; 1995 c 122 s 8; 1989 c 201 s 4.]
Notes:
Findings—Intent—2023 c 40: See note following RCW 59.20.030.

catchline: Relocation assistance—Exemptions.


title: RCW 59.21.050

text:
(1)(a) The existence of the manufactured/mobile home park relocation fund in the custody of the state treasurer is affirmed.
(b) Expenditures from the fund may only be used as follows:
(i) Except as provided in subsection (3) of this section, all moneys received from the fee as specified in RCW 46.17.155 must be used only for relocation assistance awarded under this chapter.
(ii) All moneys received from the fee as specified in RCW 59.30.050 must be used only for the relocation coordination program created in RCW 59.21.120.
(c) Only the director or the director's designee may authorize expenditures from the fund. All relocation payments to tenants shall be made from the fund. The fund is subject to allotment procedures under chapter 43.88 RCW, but no appropriation is required for expenditures.
(2) A tenant is eligible for relocation assistance under this chapter only after an application is submitted by that tenant or an organization acting on the tenant's account under RCW 59.21.021(5) on a form approved by the director. The application shall include: (a) A copy of the notice from the park-owner, or other adequate proof, that the tenancy is terminated due to closure of the park or its conversion to another use; (b) a copy of the rental agreement then in force, or other proof that the applicant was a tenant at the time of notice of closure; (c) proof of ownership of the home at the time of notice of closure; (d) a statement, on a form approved by the department, of whether the tenant will transfer title of the home to the park-owner or relocate the home within 90 days of receiving relocation assistance; and (e) other information as may be required by the department to process the application.
(3) The department may deduct a percentage amount of the fee collected under RCW 46.17.155 for administration expenses incurred by the department.
[ 2021 c 28 s 3; 2019 c 390 s 5; 2011 c 158 s 7; 2010 c 161 s 1149; 2002 c 257 s 4; 1998 c 124 s 5; 1995 c 122 s 9; 1991 sp.s. c 13 s 74; 1991 c 327 s 12; 1990 c 171 s 5; 1989 c 201 s 5.]
Notes:
Finding—Intent—2019 c 390: See note following RCW 59.21.005.
Tax preference performance statement and expiration—2019 c 390: See note following RCW 84.36.560.
Transfer of residual funds to manufactured home installation training account—2011 c 158: See note following RCW 43.22A.100.
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
Effective date—2002 c 257: See note following RCW 59.21.010.
Effective dates—1991 sp.s. c 13: See note following RCW 18.04.105.


title: RCW 59.21.070

text:
If the rental agreement includes a covenant by the landlord as described in *RCW 59.20.060(1)(g)(i), the covenant runs with the land and is binding upon the purchasers, successors, and assigns of the landlord.
[ 1995 c 122 s 10; 1989 c 201 s 10.]
Notes:
*Reviser's note: RCW 59.20.060 was amended by 2023 c 40 s 3, deleting subsection (1)(g)(i).

catchline: Rental agreement—Covenants.


title: RCW 59.21.100

text:
A tenant may, with the written approval of his or her attorney-at-law, waive or compromise their right to relocation assistance under this chapter.
[ 1989 c 201 s 14.]

catchline: Tenants—Waiver of rights—Attorney approval.


title: RCW 59.21.105

text:
(1) The legislature finds that existing older mobile homes provide affordable housing to many persons, and that requiring these homes that are legally located in mobile home parks to meet new fire, safety, and construction codes because they are relocating due to the closure or conversion of the mobile home park, compounds the economic burden facing these tenants.
(2) Mobile homes that are relocated due to either the closure or conversion of a mobile home park, may not be required by any city or county to comply with the requirements of any applicable fire, safety, or construction code for the sole reason of its relocation. This section shall only apply if the original occupancy classification of the building is not changed as a result of the move.
(3) This section shall not apply to mobile homes that are substantially remodeled or rehabilitated, nor to any work performed in compliance with installation requirements. For the purpose of determining whether a moved mobile home has been substantially remodeled or rebuilt, any cost relating to preparation for relocation or installation shall not be considered.
[ 1995 c 122 s 11; 1991 c 327 s 16.]

catchline: Existing older mobile homes—Forced relocation—Code waiver.


title: RCW 59.21.110

text:
Any person who intentionally violates, intentionally attempts to evade, or intentionally evades the provisions of this chapter is guilty of a misdemeanor.
[ 1991 c 327 s 14; 1989 c 201 s 15.]

catchline: Violations—Penalty.


title: RCW 59.21.120

text:
(1) A relocation coordination program is created within the department for the purpose of assisting tenants of a mobile home park scheduled for closure or conversion to another use with the process of relocation.
(2) The relocation coordination program assistance may include, but is not limited to, performing casework on behalf of individual tenants, maintaining and distributing informational resources for tenants regarding the process for relocating and disposal of manufactured/mobile homes, researching and distributing current information regarding available locations for manufactured/mobile homes and other forms of available housing, and researching and distributing information regarding other sources of financial assistance that may be available to secure new housing.
[ 2019 c 390 s 8.]
Notes:
Finding—Intent—2019 c 390: See note following RCW 59.21.005.
Tax preference performance statement and expiration—2019 c 390: See note following RCW 84.36.560.

catchline: Relocation coordination program.


title: RCW 59.21.905

text:
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 shall take effect immediately [April 20, 1995].
[ 1995 c 122 s 15.]

catchline: Effective date—1995 c 122.


title: RCW 59.21.906

text:
For the purposes of this chapter, the terms spouse, marriage, marital, husband, wife, widow, widower, next of kin, and family shall be interpreted as applying equally to state registered domestic partnerships or individuals in state registered domestic partnerships as well as to marital relationships and married persons, and references to dissolution of marriage shall apply equally to state registered domestic partnerships that have been terminated, dissolved, or invalidated, to the extent that such interpretation does not conflict with federal law. Where necessary to implement chapter 521, Laws of 2009, gender-specific terms such as husband and wife used in any statute, rule, or other law shall be construed to be gender neutral, and applicable to individuals in state registered domestic partnerships.
[ 2009 c 521 s 141.]


title: RCW 59.22.010

text:
(1) The legislature finds:
(a) That manufactured housing and mobile home parks provide a source of low-cost housing to the low income, elderly, poor and infirmed, without which they could not afford private housing; but rising costs of mobile home park development and operation, as well as turnover in ownership, has resulted in mobile home park living becoming unaffordable to the low income, elderly, poor and infirmed, resulting in increased numbers of homeless persons, and persons who must look to public housing and public programs, increasing the burden on the state to meet the housing needs of its residents;
(b) That state government can play a vital role in addressing the problems confronted by mobile home park residents by providing assistance which makes it possible for mobile home park residents to acquire the mobile home parks in which they reside and convert them to resident ownership; and
(c) That to accomplish this purpose, information and technical support shall be made available through the department subject to the availability of amounts appropriated for this specific purpose.
(2) Therefore, it is the intent of the legislature, in order to maintain low-cost housing in mobile home parks to benefit the low income, elderly, poor and infirmed, to encourage and facilitate the conversion of mobile home parks to resident ownership, to protect low-income mobile home park residents from both physical and economic displacement, to obtain a high level of private financing for mobile home park conversions, and to help establish acceptance for resident-owned mobile home parks in the private market.
[ 2011 c 158 s 1; 1995 c 399 s 154; 1987 c 482 s 1.]
Notes:
Transfer of residual funds to manufactured home installation training account—2011 c 158: See note following RCW 43.22A.100.

catchline: Legislative findings.


title: RCW 59.22.020

text:
The following definitions shall apply throughout this chapter unless the context clearly requires otherwise:
(1) "Affordable" means that, where feasible, low-income residents should not pay more than thirty percent of their monthly income for housing costs.
(2) "Conversion costs" includes the cost of acquiring the mobile home park, the costs of planning and processing the conversion, the costs of any needed repairs or rehabilitation, and any expenditures required by a government agency or lender for the project.
(3) "Department" means the department of commerce.
(4) "Housing costs" means the total cost of owning, occupying, and maintaining a mobile home and a lot or space in a mobile home park.
(5) "Individual interest in a mobile home park" means any interest which is fee ownership or a lesser interest which entitles the holder to occupy a lot or space in a mobile home park for a period of not less than either fifteen years or the life of the holder. Individual interests in a mobile home park include, but are not limited to, the following:
(a) Ownership of a lot or space in a mobile home park or subdivision;
(b) A membership or shares in a stock cooperative, or a limited equity housing cooperative; or
(c) Membership in a nonprofit mutual benefit corporation which owns, operates, or owns and operates the mobile home park.
(6) "Landlord" shall have the same meaning as it does in RCW 59.20.030.
(7) "Low-income resident" means an individual or household who resided in the mobile home park prior to application for a loan pursuant to this chapter and with an annual income at or below eighty percent of the median income for the county of standard metropolitan statistical area of residence. Net worth shall be considered in the calculation of income with the exception of the resident's mobile/manufactured home which is used as their primary residence.
(8) "Low-income spaces" means those spaces in a mobile home park operated by a resident organization which are occupied by low-income residents.
(9) "Manufactured housing" means residences constructed on one or more chassis for transportation, and which bear an insignia issued by a state or federal regulatory agency indication compliance with all applicable construction standards of the United States department of housing and urban development.
(10) "Mobile home" shall have the same meaning as it does in RCW 43.22.335.
(11) "Mobile home lot" shall have the same meaning as it does in RCW 59.20.030.
(12) "Mobile home park" means a mobile home park, as defined in RCW 59.20.030, or a manufactured home park subdivision as defined by RCW 59.20.030 created by the conversion to resident ownership of a mobile home park.
(13) "Resident organization" means a group of mobile home park residents who have formed a nonprofit corporation, cooperative corporation, or other entity or organization for the purpose of acquiring the mobile home park in which they reside and converting the mobile home park to resident ownership. The membership of a resident organization shall include at least two-thirds of the households residing in the mobile home park at the time of application for assistance from the department.
(14) "Resident ownership" means, depending on the context, either the ownership, by a resident organization, as defined in this section, of an interest in a mobile home park which entitles the resident organization to control the operations of the mobile home park for a term of no less than fifteen years, or the ownership of individual interests in a mobile home park, or both.
(15) "Tenant" means a person who rents a mobile home lot for a term of one month or longer and owns the mobile home on the lot.
[ 2025 c 58 s 2033; 2012 c 198 s 17; 2011 c 158 s 6; 2010 c 161 s 1150. Prior: 2009 c 565 s 48; 1995 c 399 s 155; 1993 c 66 s 9; 1991 c 327 s 2; 1988 c 280 s 3; 1987 c 482 s 2.]
Notes:
Explanatory note—2025 c 58: See note following RCW 1.16.050.
Effective date—2012 c 198: See note following RCW 70A.15.5110.
Transfer of residual funds to manufactured home installation training account—2011 c 158: See note following RCW 43.22A.100.
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.


title: RCW 59.22.032

text:
(1) The department may make loans to resident organizations for the purpose of financing mobile home park conversion costs. The department may only make loans to resident organizations of mobile home parks where a significant portion of the residents are low-income or infirm.
(2) The department may make loans to low-income residents of mobile home parks converted to resident ownership or which plan to convert to resident ownership. The purpose of providing loans under this subsection is to reduce the monthly housing costs for low-income residents to an affordable level. The department may establish flexible repayment terms for loans provided under this subsection if the terms are necessary to reduce the monthly housing costs for low-income residents to an affordable level, and do not represent an unacceptable risk. Flexible repayment terms may include, but are not limited to, graduated payment schedules with negative amortization.
[ 2012 c 198 s 18; 1993 c 66 s 10.]
Notes:
Effective date—2012 c 198: See note following RCW 70A.15.5110.

catchline: Loans for mobile home park conversion costs—Resident eligibility—Flexible repayment terms.


title: RCW 59.22.034

text:
(1) Any loans granted under RCW 59.22.032 shall be for a term of no more than thirty years.
(2) The department shall establish the rate of interest to be paid on loans.
(3) The department shall obtain security for loans made under this chapter. The security may be in the form of a note, deed of trust, assignment of lease, or other form of security on real or personal property which the department determines is adequate to protect the interests of the state. To the extent applicable, the documents evidencing the security shall be recorded or referenced in a recorded document in the office of the county auditor of the county in which the mobile home park is located.
(4) The department may contract with private lenders, nonprofit organizations, or units of local government to provide program administration and to service loans made under this chapter.
[ 2012 c 198 s 19; 1993 c 66 s 11.]
Notes:
Effective date—2012 c 198: See note following RCW 70A.15.5110.

catchline: Loan duration—Rate of interest—Security—Administration of loan.


title: RCW 59.22.036

text:
Before providing financing under this chapter, the department shall require:
(1) Verification that at least two-thirds of the households residing in the mobile home park support the plan for acquisition and conversion of the park;
(2) Verification that either no park residents will be involuntarily displaced as a result of the park conversion, or the impacts of displacement will be mitigated so as not to impose a hardship on the displaced resident;
(3) Projected costs and sources of funds for conversion activities;
(4) A projected operating budget for the park during and after conversion; and
(5) A management plan for the conversion and operation of the park.
[ 1993 c 66 s 12.]

catchline: Requirements for financing approval—Department's duties.


title: RCW 59.22.038

text:
The department shall consider the following factors in determining the eligibility for, and the amount, of loans made under this chapter:
(1) The reasonableness of the conversion costs relating to repairs, rehabilitation, construction, or other costs;
(2) The number of available and affordable mobile home park spaces in the general area;
(3) The adequacy of the management plan for the conversion and operation of the park; and
(4) Other factors established by the department by rule.
[ 1993 c 66 s 13.]

catchline: Eligibility for loans—Amount of loans—Determining factors.


title: RCW 59.22.039

text:
The department may provide technical assistance to resident organizations who wish to convert the mobile home park in which they reside to resident ownership. Technical assistance does not include details connected with the sale or conversion of a mobile home park which would require the department to act in a representative capacity, or the drafting of documents affecting legal or property rights of the parties by the department.
[ 1993 c 66 s 14.]

catchline: Technical assistance for mobile home park conversion.


title: RCW 59.22.050

text:
In order to provide general assistance to resident organizations, qualified tenant organizations, and tenants, the department shall establish an office of mobile/manufactured home relocation assistance. This office shall:
(1) Subject to the availability of amounts appropriated for this specific purpose, provide, either directly or through contracted services, technical assistance to qualified tenant organizations as defined in RCW 59.20.030 and resident organizations or persons in the process of forming a resident organization pursuant to this chapter. The office will keep records of its activities in this area.
(2) Administer the mobile home relocation assistance program established in chapter 59.21 RCW, including verifying the eligibility of tenants for relocation assistance.
[ 2011 c 158 s 2; 2008 c 116 s 6; 2007 c 432 s 9; 1991 c 327 s 3; (2005 c 429 s 9 expired December 31, 2005); 1989 c 294 s 1; 1988 c 280 s 2.]
Notes:
Transfer of residual funds to manufactured home installation training account—2011 c 158: See note following RCW 43.22A.100.
Findings—Intent—2008 c 116: See note following RCW 59.20.305.
Registration assessments—2005 c 429: "Any amount assessed under section 7(2), chapter 429, Laws of 2005 that remains uncollected on December 31, 2005, shall be collected under the terms of section 7, chapter 429, Laws of 2005 as it existed before December 31, 2005." [ 2005 c 429 s 10.]
Effective date—2005 c 429: "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 [May 13, 2005]." [ 2005 c 429 s 11.]
Expiration date—2005 c 429: "Except for sections 10 and 13 of this act, this act expires December 31, 2005." [ 2005 c 429 s 12.]
Registration assessments—2005 c 429: "Beginning in January 2006, the state treasurer shall transfer any funds remaining in the manufactured/mobile home investigations account under section 8, chapter 429, Laws of 2005 to the mobile home affairs account under RCW 59.22.070 for the purposes under RCW 59.22.050. All funds collected by the department under section 10, chapter 429, Laws of 2005 shall be transferred to the state treasurer for deposit into the mobile home affairs account." [ 2005 c 429 s 13.]

catchline: Office of mobile/manufactured home relocation assistance—Duties.


title: RCW 59.22.901

text:
For the purposes of this chapter, the terms spouse, marriage, marital, husband, wife, widow, widower, next of kin, and family shall be interpreted as applying equally to state registered domestic partnerships or individuals in state registered domestic partnerships as well as to marital relationships and married persons, and references to dissolution of marriage shall apply equally to state registered domestic partnerships that have been terminated, dissolved, or invalidated, to the extent that such interpretation does not conflict with federal law. Where necessary to implement chapter 521, Laws of 2009, gender-specific terms such as husband and wife used in any statute, rule, or other law shall be construed to be gender neutral, and applicable to individuals in state registered domestic partnerships.
[ 2009 c 521 s 142.]

catchline: Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.


title: RCW 59.24.010

text:
The legislature finds that one of the most difficult problems that temporarily homeless persons or families face in seeking permanent housing is the necessity of paying a security deposit in addition to paying the first month's rent. The security deposit requirement is often impossible for the temporarily homeless person or family to meet because their savings are depleted due, for example, to purchasing temporary shelter in a motel when space at an emergency shelter was not available. A program to guarantee the security deposit for the temporarily homeless person or family will help the poor in this state achieve adequate permanent shelter.
[ 1988 c 237 s 1.]


title: RCW 59.24.020

text:
(1) The department of commerce shall establish the rental security deposit guarantee program. Through this program the department of commerce shall provide grants and technical assistance to local governments or nonprofit corporations, including local housing authorities as defined in RCW 35.82.030, who operate emergency housing shelters or transitional housing programs. The grants are to be used for the payment of residential rental security deposits under this chapter. The technical assistance is to help the local government or nonprofit corporation apply for grants and carry out the program. In order to be eligible for grants under this program, the recipient local government or nonprofit corporation shall provide fifteen percent of the total amount needed for the security deposit. The security deposit may include last month's rent where such rent is required as a normal practice by the landlord.
(2) The grants and matching funds shall be placed by the recipient local government or nonprofit corporation in a revolving loan fund and deposited in a bank or savings institution in an account that is separate from all other funds of the recipient. The funds and interest earned on these funds shall be utilized only as collateral to guarantee the payment of a security deposit required by a residential rental property owner as a condition for entering into a rental agreement with a prospective tenant.
(3) Prospective tenants who are eligible to participate in the rental security deposit guarantee program shall be limited to homeless persons or families who are residing in an emergency shelter or transitional housing operated by a local government or a nonprofit corporation, or to families who are temporarily residing in a park, car, or are otherwise without adequate shelter. The local government or nonprofit corporation shall make a determination regarding the person's or family's eligibility to participate in this program and a determination that a local rental unit is available for occupation. A determination of eligibility shall include, but is not limited to: (a) A determination that the person or family is homeless or is in transitional housing; (b) a verification of income and that the person or family can reasonably make the monthly rental payment; and (c) a determination that the person or family does not have the financial resources to make the rental security deposit.
[ 2023 c 470 s 2100; 1995 c 399 s 157; 1988 c 237 s 2.]
Notes:
Explanatory statement—2023 c 470: See note following RCW 10.99.030.


title: RCW 59.24.030

text:
(1) A three-party contract shall be required of persons participating in the rental deposit guarantee program. The parties to the contract shall be the local government or nonprofit corporation operating a shelter for homeless persons or transitional housing, the tenant, and the rental property owner. The terms of the contract shall include, but are not limited to, all of the following:
(a) The owner of the rental property shall agree to allow the security deposit to be paid by the tenant over a specified number of months as an addition to the regular rental payment, rather than as a lump sum payment.
(b) Upon execution of the agreement, the local government or nonprofit corporation shall encumber or reserve funds in a special fund created under RCW 59.24.020, as a guarantee of the contract, an amount no less than eighty percent of the outstanding balance of the security deposit owed by the tenant to the landlord.
(c) The tenant shall agree to a payment schedule of a specified number of months in which time the total amount of the required deposit shall be paid to the property owner.
(d) At any time during the operation of the guarantee, the property owner shall make all claims first against amounts of the security deposit actually paid by the tenant and secondly against the guarantee. At no time during or after the tenancy may the property owner make claims against the guarantee in excess of that amount agreed to as the guarantee.
(e) If a deduction from the guarantee fund is required, it may be accomplished only to the extent permitted by the contract and in the manner provided by law, including notice to the legal agency or organization. The tenant shall have no direct use of guarantee funds, including funds which may be referred to as "last month's rent."
(2) The department shall make available to local governments and nonprofit corporations receiving grants under this chapter the forms deemed necessary for the contracts and the determination of eligibility. Local governments and nonprofit corporations may develop and use their own forms as long as the forms meet the requirements specified in this chapter.
[ 1988 c 237 s 3.]

catchline: Contracts required—Terms.


title: RCW 59.24.040

text:
A local government or nonprofit corporation receiving a grant under this chapter may utilize a portion of the allocation for costs of administering and operating its rental security deposit guarantee program. The department shall approve the amount so utilized prior to expenditure, and the amount may not exceed five percent of the allocation. The staff of the grant recipient shall be responsible for soliciting housing opportunities for low-income homeless persons, coordinating with local low-income rental property owners, making determinations regarding the eligibility of prospective tenants for the program, and providing information to prospective tenants on the tenant-property owner relationship, appropriate treatment of property, and the importance of timely rental payments. The staff of the grant recipient assigned to administer the program shall be reasonably available to property owners and tenants to answer questions or complaints about the program.
[ 1988 c 237 s 4.]

catchline: Authority of grant recipients.


title: RCW 59.24.050

text:
The department of commerce may adopt rules to implement this chapter, including but not limited to: (1) The eligibility of and the application process for local governments and nonprofit corporations; (2) the criteria by which grants and technical assistance shall be provided to local governments and nonprofit corporations; and (3) the criteria local governments and nonprofit corporations shall use in entering into contracts with tenants and rental property owners.
[ 2023 c 470 s 2101; 1995 c 399 s 158; 1988 c 237 s 5.]
Notes:
Explanatory statement—2023 c 470: See note following RCW 10.99.030.

catchline: Rules.


title: RCW 59.24.060

text:
The department of commerce may receive such gifts, grants, or endowments from public or private sources, as may be made from time to time, in trust or otherwise, to be used by the department of commerce for its programs, including the rental security deposit guarantee program. Funds from the housing trust fund, chapter 43.185A RCW, up to one hundred thousand dollars, may be used for the rental security deposit guarantee program by the department of commerce, local governments, and nonprofit organizations, provided all the requirements of this chapter and chapter 43.185A RCW are met.
[ 2023 c 275 s 22; 1995 c 399 s 159; 1988 c 237 s 6.]
Notes:

catchline: Sources of funds.


title: RCW 59.28.010

text:
The legislature finds that:
(1) There is a severe shortage of federally assisted housing within the state of Washington. Over one hundred seventy thousand low and moderate-income households are eligible for federally assisted housing but are unable to locate vacant units.
(2) Within the next twenty years, more than twenty-six thousand existing low-income housing units may be lost as a result of the prepayment of mortgages or loans by the owners, or as a result of the expiration of rental assistance contracts. Over three thousand units of federally assisted housing have already been lost and an additional nine thousand units may be lost within the next two and one-half years.
(3) Recent reductions in federal housing assistance and tax benefits related to low-income housing make it uncertain whether additional units of federally assisted housing will be built or that those lost will be replaced.
(4) The loss of federally assisted housing will adversely affect current tenants and lead to their displacement. It will also drastically reduce the supply of affordable housing in our communities.
It is the purpose of this chapter to preserve federally assisted housing in the state of Washington and to minimize the involuntary displacement of tenants currently residing in such housing.
[ 1989 c 188 s 1.]

catchline: Legislative findings—Purpose.


title: RCW 59.28.020

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Federally assisted housing" means any multifamily housing that is insured, financed, assisted, or held by the secretary of housing and urban development or the secretary of agriculture under:
(a) Section 8 of the United States housing act of 1937, as amended (42 U.S.C. Sec. 1437f);
(b) Section 101 of the housing and urban development act of 1965, as amended (12 U.S.C. Sec. 1701s);
(c) The following sections of the national housing act:
(i) Section 202 (12 U.S.C. Sec. 1701q);
(ii) Section 213 (12 U.S.C. Sec. 1715e);
(iii) Section 221(d) (3) and (4) (12 U.S.C. Sec. 17151(d) (3) and (4));
(iv) Section 223(f) (12 U.S.C. Sec. 1715n(f));
(v) Section 231 (12 U.S.C. Sec. 1715v); or
(vi) Section 236 (12 U.S.C. Sec. 1715z-1); and
(d) The following sections of the housing act of 1949, as amended:
(i) Section 514 (42 U.S.C. Sec. 1484);
(ii) Section 515 (42 U.S.C. Sec. 1485);
(iii) Section 516 (42 U.S.C. Sec. 1486);
(iv) Section 521(a)(1)(B) (42 U.S.C. Sec. 1490a(a)(1)); or
(v) Section 521(a)(2) (42 U.S.C. Sec. 1490a(a)(2)).
(2) "Rental agreement" means any agreement that establishes or modifies the terms, conditions, rules, regulations, or any other provision concerning the use and occupancy of a federally assisted housing unit.
(3) "Owner" means the current or subsequent owner or owners of federally assisted housing.
(4) "Low-income use restrictions" means any federal, state, or local statute, rule, regulation, ordinance, or contract which, as a condition of receipt of any federal, state, or local financial assistance, establishes maximum limitations on tenant income as a condition of eligibility for occupancy of the units within a development, imposes any restrictions on the maximum rents that could be charged for any of the units within a development, or requires that rent for any of the units within a development be reviewed by any governmental body or agency before the rents are implemented.
(5) "Prepayment" means the payment in full or refinancing of the federally insured or federally held mortgage or loan prior to its original maturity date, or the voluntary cancellation of mortgage insurance, if that would have the effect of terminating any low-income use restrictions.
(6) "Public housing agency" means any state or local agency or nonprofit entity that is authorized to administer tenant-based rental assistance under federal, state, or local law.
[ 2000 c 255 s 1; 1989 c 188 s 2.]

catchline: Definitions.


title: RCW 59.28.030

text:
(1) This chapter shall not apply to the expiration or termination of a housing assistance contract between a public housing agency and an owner of existing housing participating in either the section 8 certificate or voucher program (42 U.S.C. Sec. 1437f).
(2) An owner of federally assisted housing shall not be required to give notice of a prepayment under this chapter, if the owner has: (a) Entered into an agreement with a federal, state, or local agency continuing existing, or imposing new, low-income use restrictions for at least twenty years that ensure that the tenants residing in the development at the time of prepayment are not involuntarily displaced except for good cause and that the housing will continue to serve very low and low-income families and persons in need of affordable housing; and (b) served notice of the agreement on the clerk of the city, or county if in an unincorporated area, in which the property is located, on any public housing agency that would be responsible for administering tenant-based rental assistance to persons who would otherwise be displaced from this housing, and on the department of commerce by regular and certified mail and posted a copy of the agreement in a conspicuous place at the development where it is likely to be seen by the tenants. The posted agreement shall be maintained intact and in legible form for the life of the agreement.
(3) An owner of federally assisted housing is not required to give notice that a rental assistance contract is expiring if: (a) The owner has entered into an agreement with the United States department of housing and urban development or other federal, state, or local agency to renew the rental assistance contract for a minimum of five years subject to the availability of adequate appropriations; (b) the agreement itself does not expire in less than twelve months; and (c) the owner has served written notice of the agreement on the clerk of the city, or county if in an unincorporated area, in which the property is located, on any public housing agency that would be responsible for administering tenant-based rental assistance to persons who would otherwise be displaced from this housing, and on the department of commerce, by regular and certified mail and posted these notices in a conspicuous place at the development where they are likely to be seen by the tenants. The posted notices shall be maintained intact and in legible form for the life of the agreement to renew the rental assistance contract.
[ 2023 c 470 s 2103; 2000 c 255 s 2; 1989 c 188 s 3.]
Notes:
Explanatory statement—2023 c 470: See note following RCW 10.99.030.