[WSBARP] source of income statute 59.18.255
K. Garl Long
Garl at longlaw.biz
Mon Feb 28 20:29:54 PST 2022
Which is why housing providers are moving their businesses out of
Washington. Cost and risk is just to high here.
Garl
On 2/28/22 20:10, Kaitlyn Jackson wrote:
> Yes the court will require them to take these minor steps to receive
> payment. It’s part of the cost of doing business.
>
> If they don’t want to sign the papers, they should cease renting the
> property.
>
> Kaitlyn
>
> Sent from my iPhone
>
>> On Feb 22, 2022, at 1:20 PM, Gwendolyn Cornwell
>> <Gwendolyn at glgmail.com> wrote:
>>
>>
>>
>> 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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