[WSBARP] source of income statute 59.18.255

[Gwendolyn Cornwell]

Look at RCW 59.18.630, 59.18.650(2)(a), and 59.18.660.  Evicting for failure to pay rent has become much more complicated and they are likely better off signing forms to help their tenants get rental assistance.  Of course, they should have them reviewed by their attorney first.

Gwendolyn Cornwell
Attorney

Gourley Law Group
The Exchange Connection
Snohomish Escrow
P.O. Box 1091
Snohomish, WA 98291
PH:  (360) 568-5065 (800) 291-8401
Fax: (360) 568-1717



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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Ray Cleaveland
Sent: Tuesday, February 22, 2022 1:07 PM
To: wsbarp at lists.wsbarppt.com
Subject: [WSBARP] source of income statute 59.18.255

Hello all-

Dealing with an eviction here; my client is the landlord. Instead of rent, tenants put forms in the landlord's mailbox for them to sign. They say it will allow landlord to receive rent money from various charities and other organizations. My clients are an elderly couple, and they don't want to be bothered with signing new papers and filling out forms every month. They just want rent money (yeah, yeah, I know... doesn't every landlord?). They refused to sign the papers and are now trying to evict.

On the one hand, the .255 is pretty clear that landlord cannot discriminate on basis of income and has to accept rent from whatever source offers it. On the other hand, nowhere in the statute does it say that landlords are required to sign papers, enter into agreements with third parties, and generally be filling out forms every month. At least, that's the best argument I can come up with.

Anyone have experience with how the courts are construing this statute? Do my clients have a leg to stand on?


Thanks,
Ray

Raymond V. Cleaveland

BURNS LAW, PLLC
524 Tacoma Ave. S.
Tacoma, WA 98402
(253) 507-5586  phone


RCW 59.18.255<http://app.leg.wa.gov/RCW/default.aspx?cite=59.18.255>
Source of income-Landlords prohibited from certain acts-Violation-Penalties.
(1) A landlord may not, based on the source of income of an otherwise eligible prospective tenant or current tenant:
(a) Refuse to lease or rent any real property to a prospective tenant or current tenant, unless the: (i) Prospective tenant's or current tenant's source of income is conditioned on the real property passing inspection; (ii) written estimate of the cost of improvements necessary to pass inspection is more than one thousand five hundred dollars; and (iii) landlord has not received moneys from the landlord mitigation program account to make the improvements;
(b) Expel a prospective tenant or current tenant from any real property;
(c) Make any distinction, discrimination, or restriction against a prospective tenant or current tenant in the price, terms, conditions, fees, or privileges relating to the rental, lease, or occupancy of real property or in the furnishing of any facilities or services in connection with the rental, lease, or occupancy of real property;
(d) Attempt to discourage the rental or lease of any real property to a prospective tenant or current tenant;
(e) Assist, induce, incite, or coerce another person to commit an act or engage in a practice that violates this section;
(f) Coerce, intimidate, threaten, or interfere with any person in the exercise or enjoyment of, or on account of the person having exercised or enjoyed or having aided or encouraged any other person in the exercise or enjoyment of, any right granted or protected under this section;
(g) Represent to a person that a dwelling unit is not available for inspection or rental when the dwelling unit in fact is available for inspection or rental; or
(h) Otherwise make unavailable or deny a dwelling unit to a prospective tenant or current tenant that, but for his or her source of income, would be eligible to rent real property.
(2) A landlord may not publish, circulate, issue, or display, or cause to be published, circulated, issued, or displayed, any communication, notice, advertisement, or sign of any kind relating to the rental or lease of real property that indicates a preference, limitation, or requirement based on any source of income.
(3) If a landlord requires that a prospective tenant or current tenant have a certain threshold level of income, any source of income in the form of a rent voucher or subsidy must be subtracted from the total of the monthly rent prior to calculating if the income criteria have been met.
(4) A person in violation of this section shall be held liable in a civil action up to four and one-half times the monthly rent of the real property at issue, as well as court costs and reasonable attorneys' fees.
(5) As used in this section, "source of income" includes benefits or subsidy programs including housing assistance, public assistance, emergency rental assistance, veterans benefits, social security, supplemental security income or other retirement programs, and other programs administered by any federal, state, local, or nonprofit entity. "Source of income" does not include income derived in an illegal manner.


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