Chapter 5.63
RENTAL HOUSING POLICY Revised 2/23
Sections:
5.63.030 Distribution of information required.
5.63.040 Deposit requirements and installment payments permitted.
5.63.050 Notice requirement generally – Reasonable accommodation request.
5.63.060 Notice of proposed sale of low-income housing.
5.63.070 Just cause eviction. Revised 2/23
5.63.110 Due date adjustments.
5.63.120 Social security numbers.
5.63.140 Compliance and enforcement.
5.63.150 Date of applicability.
5.63.010 Purpose and intent.
The purpose of this chapter is to establish regulations supporting the topic of increasing housing security, and to establish standards and enforcement mechanisms as they relate to rental housing within the city limits of Burien. It is Burien’s intent to continue its long-term commitment to maintain vibrant and diverse neighborhoods within Burien. The regulations contained in this chapter balance the needs of the landlord, tenant, and Burien while creating a partnership to ensure safe, healthy, and thriving rental housing in Burien. Burien recognizes that the renting of residential property is a commercial venture where owners and landlords must evaluate risk, profit, and loss. Providing housing for Burien residents directly impacts quality of life at the most basic level, and therefore requires regulations to ensure that it is equitably undertaken. This chapter strives to ensure housing security for current and future residents, and addresses potential retaliation against tenants who make complaints about housing conditions. All of these code provisions should be read in harmony with state law, and if there is any question or conflict between Burien and state law, state law will apply. [Ord. 804 § 1, 2022; Ord. 716 § 1 (Exh. A), 2019]
5.63.020 Definitions.
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter:
(1) “Assisted housing development” means a multifamily rental housing development that both receives government assistance and is defined as federally assisted housing in RCW 59.28.020, or that receives other federal, state, or local government assistance and is subject to use restrictions.
(2) “Days” means calendar days unless otherwise provided.
(3) “Director” means the city of Burien director of planning and community development, or the director’s designee.
(4) “Dwelling unit” means a structure or part of a structure used as a home, residence, or sleeping place by one, two, or more persons maintaining a common household, including, but not limited to, single-family residences and multiplexes, apartment buildings, and mobile homes.
(5) “Housing costs” means the compensation or fees paid or charged, usually periodically, for the use of any property, land, buildings, or equipment for residential purposes. For purposes of this chapter, housing costs include the basic rent charge, but do not include utility charges that are based on usage and that the tenant has agreed in the rental agreement to pay, unless the obligation to pay those charges is itself a change in the terms of the rental agreement.
(6) “Immediate family member” includes the spouse or domestic partner, dependent children, and other dependent relatives.
(7) “Landlord” means a landlord as defined in and within the scope of RCW 59.18.030 and 59.18.040 of the Residential Landlord Tenant Act of 1973 (“RLTA”) in effect at the time the rental agreement is executed. As of the effective day of the ordinance codified in this chapter, the RLTA defines “landlord” as “the owner, lessor, or sublessor of the dwelling unit or the property of which it is a part, and in addition means any person designated as representative of the owner, lessor, or sublessor including, but not limited to, an agent, a resident manager, or a designated property manager.”
(8) “Nonrefundable move-in fees” means nonrefundable payment paid by a tenant to a landlord to cover administrative, pet, or damage fees, or to pay for cleaning of the dwelling unit upon termination of the tenancy, but does not include payment of a holding fee authorized by RCW 59.18.253(2).
(9) “Owner” means the owner of record as shown on the last King County tax assessment roll or such owner’s authorized agent.
(10) “Rent” or “rental amount” means recurring and periodic charges identified in the rental agreement for the use and occupancy of the premises, which may include charges for utilities. These terms do not include nonrecurring charges for costs incurred due to late payment, damages, deposits, legal costs, or other fees, including attorneys’ fees. Provided, however, that if, at the commencement of the tenancy, the landlord has provided an installment payment plan for nonrefundable fees or deposits for the security of the tenant’s obligations and the tenant defaults in payment, the landlord may treat the default payment as rent owing.
(11) “Rental agreement” means all agreements which establish or modify the terms, conditions, rules, regulations, or any other provisions concerning the use and occupancy of a dwelling unit.
(12) “Security deposit” means a refundable payment or deposit of money, however designated, the primary function of which is to secure performance of a rental agreement or any part of a rental agreement. “Security deposit” does not include a fee.
(13) “Substantial rehabilitation” means extensive structural repair or extensive remodeling and requires a building, electrical, plumbing, or mechanical permit for the tenant’s dwelling unit at issue. Any “substantial rehabilitation” as provided herein requires displacement of a tenant.
(14) “Tenant” means any person who is entitled to occupy a dwelling unit primarily for living or dwelling purposes under a rental agreement. [Ord. 716 § 1 (Exh. A), 2019]
5.63.030 Distribution of information required.
(1) Distribution of Resources by Landlord.
(a) At the time a prospective tenant applies to reside in a dwelling unit, the landlord shall provide the prospective tenant with the landlord’s written rental criteria and, once created by the city, with a city of Burien informational website address designated by the city for the purpose of providing information about the property and its landlord, which may include, but is not limited to, local code enforcement information relating to properties within city limits, and a website address for the Washington Secretary of State for the purpose of providing information on how to register to vote or change their address, if the individual is already registered to vote.
(b) In the event a prospective tenant cannot reasonably access the internet and at their request, a landlord shall provide the prospective tenant a paper copy of the property and landlord information that can be found on the website identified above.
(2) Distribution of Information Packets by Landlord.
(a) The director shall prepare, and update as necessary, summaries of this chapter, the Burien Building and Property Maintenance Code (Chapter 15.40 BMC), state RLTA (Chapter 59.18 RCW), Forcible Entry and Forcible and Unlawful Detainer (Chapter 59.12 RCW), and fair housing laws, describing the respective rights, obligations, and remedies of landlords and tenants, including information about legal resources available to tenants.
(b) A landlord shall provide a copy of the summaries prepared by the director to any tenant or prospective tenant when a rental agreement is offered, whether or not the agreement is for a new or renewal agreement.
(c) Where there is an oral rental agreement, the landlord shall give the tenant copies of the summaries described herein, either before entering into the oral rental agreement or as soon as reasonably possible after entering into the oral rental agreement.
(d) For existing tenants, landlords shall, within 30 days after the summaries are made available by the city, distribute current copies of the summaries to existing tenants.
(e) The initial distribution of information to tenants must be in written form and landlords shall obtain the tenant’s signature documenting tenant’s receipt of such information. If a tenant refuses to provide a signature documenting the tenant’s receipt of the information, the landlord may draft a declaration stating when and where the landlord provided tenant with the required information. After the initial distribution of the summaries to tenants, a landlord shall provide existing tenants with updated summaries by the city, and may do so in electronic form unless a tenant otherwise requests written summaries.
(f) The packet prepared by the director includes informational documents only, and nothing in the summaries therein shall be construed as binding on or affecting any judicial determination of the rights and responsibilities of landlords and tenants, nor is the director liable for any misstatement or misinterpretation of the applicable laws.
(3) Notice of Resources. A landlord is required to provide a copy of a resource summary, prepared by the city, to any tenant when the landlord provides a notice to a tenant under RCW 59.12.030. [Ord. 716 § 1 (Exh. A), 2019]
5.63.040 Deposit requirements and installment payments permitted.
(1) Installment Payments, Generally. Upon a tenant’s written request, tenants may pay security deposits, nonrefundable move-in fees, and/or last month’s rent in installments as provided herein; except that the tenant cannot elect to pay the security deposit and nonrefundable move-in fees in installments if (a) the total amount of the security deposit and nonrefundable move-in fees does not exceed 25 percent of the first full month’s rent for the tenant’s dwelling unit; and (b) payment of last month’s rent is not required at the inception of the tenancy. Landlords may not impose any fee, charge any interest, or otherwise impose a cost on a tenant because a tenant elects to pay in installments. Installment payments are due at the same time as rent is due. All installment schedules must be in writing, signed by both parties. The sum of any security deposits, nonrefundable move-in fees, and/or last month’s rent may not exceed one month’s rent, except in subsidized housing where the amount of rent is set based on the tenants’ income. The exception for subsidized housing shall not include tenancies regulated under Section 8 of the Housing Act of 1937, 42 U.S.C. Section 1437f, commonly known as the “choice voucher program.”
(2) Fixed-Term Tenancies for Six Months or Longer. For any rental agreement term that establishes a tenancy for six months or longer, the tenant may elect to pay the security deposit, nonrefundable move-in fees, and last month’s rent, excluding any payment made by a tenant to the landlord prior to the inception of tenancy to reimburse the landlord for the cost of obtaining a tenant screening report, in six consecutive, equal monthly installments that begin at the inception of the tenancy.
(3) Month-to-Month or Tenancy Lasting Fewer Than Six Months. For any rental agreement term that establishes a tenancy from month to month or fewer than six months, the tenant may elect to pay the security deposit, nonrefundable move-in fees, and last month’s rent, excluding any payment made by a tenant to the landlord prior to the inception of tenancy to reimburse the landlord for the cost of obtaining a tenant screening report, in two equal installments. The first payment is due at the inception of the tenancy, and the second payment is due on the first day of the second month or period of the tenancy.
(4) A tenant’s failure to pay a security deposit, nonrefundable move-in fees, and last month’s rent according to an agreed payment schedule is a breach of the rental agreement and subjects the tenant to a 10-day notice pursuant to RCW 59.12.030(4), and shall mean that the entire amount of any outstanding payments shall become due when the next rent payment is due, unless otherwise agreed to in writing by the landlord and tenant.
(5) Paying in installments does not apply to a landlord obtaining a tenant screening report, which report cost paid by the tenant shall be limited to the standard and actual cost of the tenant screening report.
(6) No security deposit may be collected by a landlord unless the rental agreement is in writing and a written checklist or statement specifically describing the condition and cleanliness of or existing damages to the premises and furnishings, including, but not limited to, walls, floors, countertops, carpets, drapes, furniture, and appliances, is provided by the landlord to the tenant at the beginning of the tenancy. The checklist or statement shall be signed and dated by the landlord and the tenant, and the tenant shall be provided with a copy of the signed checklist or statement.
(7) A landlord must place any required security deposit in a trust account and provide a written receipt and notice of the name, address, and location of the depository and any subsequent change thereof to the tenant, in compliance with the requirements of RCW 59.18.270.
(8) Nothing in this chapter prohibits a landlord from bringing an action against a tenant to recover sums exceeding the amount of the tenant’s security deposit for damage to the dwelling unit for which the tenant is responsible. The landlord may seek attorney’s fees for such an action as authorized by Chapter 59.18 RCW. [Ord. 804 § 2, 2022; Ord. 716 § 1 (Exh. A), 2019]
5.63.050 Notice requirement generally – Reasonable accommodation request.
A landlord shall review and comply with all reasonable accommodation requests received from a tenant related to the service of any notice required by this chapter. [Ord. 716 § 1 (Exh. A), 2019]
5.63.060 Notice of proposed sale of low-income housing.
Owners of a multifamily rental housing building having five or more housing units, any one of which rents for an amount that is affordable to households at or below 80 percent of area median income, as median income was most recently determined by the United States Department of Housing and Urban Development for the Seattle metropolitan statistical area, as adjusted for household size, shall notify the director of the owner’s intent to sell the building. The notice shall be in writing and include the owner’s name, phone number, and the address of the rental housing building that will be listed for sale. The notice shall be mailed no later than 60 days prior to the building being listed with any real estate service or advertised for sale either in a printed newspaper or website. For the purposes of this section, a building is “listed” when an owner has signed a listing agreement with a real estate agent. Owners of multifamily buildings having five or more housing units who are otherwise required by law or agreement to notify the director of the owner’s intent to sell or transfer the building and who have provided such notice are exempt from the notice requirement of this subsection. [Ord. 716 § 1 (Exh. A), 2019]
5.63.070 Just cause eviction. Revised 2/23
(1) Pursuant to provisions of the Washington State Residential Landlord-Tenant Act (RCW 59.18.290), owners may not evict residential tenants without a court order, which can be issued by a court only after the tenant has an opportunity in a show cause hearing to contest the eviction (RCW 59.18.380). Owners of housing units shall not evict or attempt to evict any tenant, or otherwise terminate or attempt to terminate the tenancy of any tenant, unless the owner can prove in court that just cause exists. Owners may not evict residential tenants from rental housing units if the units are not licensed with the city of Burien or if the required rental housing inspection is not completed by the deadline as required by Chapter 5.62 BMC, regardless of whether just cause for eviction may exist. An owner is in compliance with licensing requirements if the rental housing unit is licensed with the city of Burien pursuant to Chapter 5.62 BMC before entry of a court order authorizing eviction or before a writ of restitution is granted. A court may grant a continuance in an eviction action in order to give the owner time to license the rental housing unit. The reasons for termination of tenancy listed below shall constitute just cause under this section.
(a) The tenant fails to comply with a 14-day notice to pay rent or vacate pursuant to RCW 59.12.030(3); a 10-day notice to comply or vacate pursuant to RCW 59.12.030(4); or a three-day notice to vacate for waste, nuisance (including a drug-related activity nuisance pursuant to Chapter 7.43 RCW), or maintenance of an unlawful business or conduct pursuant to RCW 59.12.030(5);
(b) The tenant habitually fails to pay rent when due which causes the owner to notify the tenant in writing of late rent four or more times in a 12-month period;
(c) The tenant fails to comply with a 10-day notice to comply or vacate that requires compliance with a material term of the rental agreement or that requires compliance with a material obligation under RCW 59.18.130;
(d) The tenant habitually fails to comply with the material terms of the rental agreement which causes the owner to serve a 10-day notice to comply or vacate three or more times in a 12-month period;
(e) The owner seeks possession so that the owner or a member of his or her immediate family may occupy the unit as that person’s principal residence and no substantially equivalent unit is vacant and available in the same building, and the owner has given the tenant at least 90 days’ advance written notice of the date the tenant’s possession is to end. The director may reduce the time required to give notice to no less than 60 days if the director determines that delaying occupancy will result in a personal hardship to the owner or to the owner’s immediate family. Personal hardship may include but is not limited to hardship caused by illness or accident, unemployment, or job relocation. There is a rebuttable presumption of a violation of this subsection (1)(e) if the owner or a member of the owner’s immediate family fails to occupy the unit as that person’s principal residence for at least 60 consecutive days during the 90 days immediately after the tenant vacated the unit pursuant to a notice of termination or eviction using this subparagraph as the cause for eviction;
(f) The owner elects to sell a dwelling unit subject to the provisions of this chapter and gives the tenant at least 90 days’ written notice prior to the date set for vacating, which date shall coincide with the end of the term of a rental agreement, or if the agreement is month to month, with the last day of a monthly period. The director may reduce the time required to give notice to no less than 60 days if the director determines that providing 90 days’ notice will result in a personal hardship to the owner. Personal hardship may include but is not limited to hardship caused by illness or accident, unemployment, or job relocation. For the purposes of this subsection, an owner “elects to sell” when the owner makes reasonable attempts to sell the dwelling within 30 days after the tenant has vacated, including, at a minimum, listing it for sale at a reasonable price with a realty agency or advertising it for sale at a reasonable price in a newspaper of general circulation. There shall be a rebuttable presumption that the owner did not intend to sell the unit if:
(i) Within 30 days after the tenant has vacated, the owner does not list the single-family dwelling unit for sale at a reasonable price with a realty agency or advertise it for sale at a reasonable price in a newspaper of general circulation, or
(ii) Within 90 days after the date the tenant vacated or the date the property was listed for sale, whichever is later, the owner withdraws the rental unit from the market, rents the unit to someone other than the former tenant, or otherwise indicates that the owner does not intend to sell the unit;
(g) The tenant’s occupancy is conditioned upon employment on the property and the employment relationship is terminated;
(h) The owner seeks to do substantial rehabilitation in the building and gives the tenant at least 120 days’ written notice prior to the date set for vacating. To utilize this basis as the rationale for termination, the owner must obtain at least one permit necessary for the rehabilitation before terminating the tenancy;
(i) The owner elects to demolish the building, convert it to a cooperative, or convert it to a nonresidential use and gives the tenant at least 120 days’ written notice prior to the date set for vacating. To utilize this basis as the rationale for termination, the owner must obtain a permit necessary to demolish or change the use before terminating any tenancy or converting the building to a condominium;
(j) The owner seeks to discontinue use of a housing unit unauthorized by BMC Title 19 after receipt of a notice of violation;
(k) The owner seeks to reduce the number of individuals residing in a dwelling unit to comply with the maximum limit of individuals allowed to occupy one dwelling unit as required by BMC Title 15; and
(i) (A) The number of such individuals was more than is lawful under the current version of BMC Title 15; and
(B) That number has not increased with the knowledge or consent of the owner; and
(C) The owner is either unwilling or unable to obtain a permit to allow the unit with that number of residents; and
(ii) The owner has served the tenants with a 30-day notice, informing the tenants that the number of tenants exceeds the legal limit and must be reduced to the legal limit; and
(iii) After expiration of the 30-day notice, the owner has served the tenants with and the tenants have failed to comply with a 10-day notice to comply with the limit on the number of occupants or vacate; and
(iv) If there is more than one rental agreement for the unit, the owner may choose which agreements to terminate; provided, that the owner may either terminate no more than the minimum number of rental agreements necessary to comply with the legal limit on the number of occupants, or, at the owner’s option, terminate only those agreements involving the minimum number of occupants necessary to comply with the legal limit;
(l) An emergency order requiring that the housing unit be vacated and closed has been issued pursuant to BMC Title 15 and the emergency conditions identified in the order have not been corrected;
(m) The owner seeks to discontinue sharing with a tenant of the owner’s own housing unit, i.e., the unit in which the owner resides, seeks to terminate the tenancy of a tenant of an accessory dwelling unit that is accessory to the housing unit in which the owner resides, or seeks to terminate the tenancy of a tenant in a single-family dwelling unit and the owner resides in an accessory dwelling unit on the same lot. This subsection does not apply if the owner has received a notice of violation of the development standards of BMC Title 19;
(n) A tenant, or with the consent of the tenant, the tenant’s subtenant, sublessee, resident, or guest, has engaged in criminal activity on the premises, or on the property or public right-of-way abutting the premises, and the owner has specified in the notice of termination the crime alleged to have been committed and the general facts supporting the allegation, and has assured that the department has recorded receipt of a copy of the notice of termination. For purposes of this subsection a person has “engaged in criminal activity” if he or she:
(i) Engages in drug-related activity that would constitute a violation of Chapter 69.41, 69.50, or 69.52 RCW; or
(ii) Engages in activity that is a crime under the laws of this state, but only if the activity substantially affects the health or safety of other tenants or the owner.
(2) Any rental agreement provision which waives or purports to waive any right, benefit or entitlement created by this section shall be deemed void and of no lawful force or effect.
(3) With any termination notices required by law, owners terminating any tenancy protected by this section shall advise the affected tenant or tenants in writing of the reasons for the termination and the facts in support of those reasons.
(4) If a tenant who has received a notice of termination of tenancy claiming subsection (1)(e), (f) or (m) of this section as the ground for termination believes that the owner does not intend to carry out the stated reason for eviction and makes a complaint to the director, then the owner must, within 10 days of being notified by the director of the complaint, complete and file with the director a certification stating the owner’s intent to carry out the stated reason for the eviction. The failure of the owner to complete and file such a certification after a complaint by the tenant shall be a defense for the tenant in an eviction action based on this ground.
(5) In any action commenced to evict or to otherwise terminate the tenancy of any tenant, it shall be a defense to the action that there was no just cause for such eviction or termination as provided in this section.
(6) It shall be a violation of this section for any owner to evict or attempt to evict any tenant or otherwise terminate or attempt to terminate the tenancy of any tenant using a notice which references subsection (1)(e), (f), (h), (k), (l) or (m) of this section as grounds for eviction or termination of tenancy without fulfilling or carrying out the stated reason for or condition justifying the termination of such tenancy.
(7) An owner who evicts or attempts to evict a tenant or who terminates or attempts to terminate the tenancy of a tenant using a notice which references subsection (1)(e), (f) or (h) of this section as the ground for eviction or termination of tenancy without fulfilling or carrying out the stated reason for or condition justifying the termination of such tenancy shall be liable to such tenant in a private right for action for damages up to $2,000, costs of suit, or arbitration and reasonable attorney’s fees. [Ord. 811 § 1, 2023; Ord. 804 § 3, 2022; Ord. 716 § 1 (Exh. A), 2019]
5.63.090 Late fees.
(1) Any fees for late payment of rent shall not exceed $10.00 per month. No other fees may be charged for late payment of rent, including for the service of any notice required under state law, or any legal costs, including court costs and attorneys’ fees. Any rental agreement provision providing for such fees shall be deemed void with respect to any provision prohibited by this subsection. This section shall not apply to or limit decisions, orders, and rulings of courts of competent jurisdiction.
(2) Any notice to pay or vacate served under RCW 59.12.030(3) shall include within the notice in at least 16 point bold font the following information: “You have 14 days to pay the rent required by this notice. After 14 days, you may pay the rent but will have to include a late fee totaling at most $10.00 per month for each month of rent owed. If the landlord has started a court case to evict you and the case is filed in court, you will need to pay court costs as well before the hearing date to avoid eviction.” [Ord. 804 § 6, 2022]
5.63.100 Rent increases.
A landlord may not increase the rent or charge any nonrent charges except in accordance with this section:
(1) A landlord may not increase the rent of a tenant unless the landlord has provided the tenant with 120 days’ prior notice of a rent increase over three percent and 180 days’ prior notice of a rent increase over 10 percent and any increase in the amount of rent may not become effective prior to the completion of the term of the rental agreement. Tenants shall receive prior notice of increases of three percent or less pursuant to RCW 59.18.140, Reasonable obligations or restrictions – Tenant’s duty to conform – Landlord’s duty to provide written notice in increase of rent, as it exists or may be amended. If the rental agreement governs a subsidized tenancy where the amount of rent is based on the income of the tenant or circumstances specific to the subsidized household, the landlord shall provide a minimum of 30 days’ prior written notice of an increase in the amount of rent to each affected tenant.
(a) In the event of such an increase, the tenant may terminate the tenancy immediately upon surrendering the dwelling unit prior to the increase taking effect. The tenant shall only owe pro rata rent through the date upon which the premises are surrendered. Any notice increasing the current rent shall inform the tenant that they may terminate the tenancy at any time and owe pro rata rent through the date the tenant surrenders the dwelling unit.
(b) Any notice of a rent increase shall be served in accordance with RCW 59.12.040, Service of notice – Proof of service, as it exists or may be amended.
(2) A landlord shall not increase the rent to be charged to a tenant by any amount if the dwelling unit has defective conditions making the dwelling unit uninhabitable, if a request for repairs to make the dwelling unit habitable has not been completed, or is otherwise in violation of RCW 59.18.060, Landlord duties, as it exists or may be amended. If the tenant believes the dwelling unit has defective conditions making the unit uninhabitable or violates RCW 59.18.060, the tenant shall notify the landlord in writing as required by RCW 59.18.070, specifying the premises involved; the owner’s name, if known; and the defective condition before the effective date listed in the notice of rent increase. [Ord. 804 § 7, 2022]
5.63.110 Due date adjustments.
All rental agreements executed after the adoption of the ordinance codified in this chapter shall include a provision allowing tenants to adjust the due date of rent payments if the tenant has a regular primary source of income, monthly source of governmental assistance, or fixed income source (e.g., social security) that the tenant receives on a date of the month that is incongruent with paying rent on the date otherwise specified in the rental agreement. A landlord shall not refuse to rent to a prospective tenant or terminate a lease based on a request for a due date adjustment. [Ord. 804 § 8, 2022]
5.63.120 Social security numbers.
(1) No landlord shall require that any tenant, prospective tenant, occupant, or prospective occupant of rental property provide a social security number. Alternative proof of financial eligibility such as portable screening reports or other proof of income must also be accepted, where available, if offered by the tenant.
(2) Nothing in this section shall prohibit a rental housing owner or nonowner manager from either:
(a) Complying with any legal obligation under federal law.
(b) Requesting information or documentation necessary to determine or verify the financial qualifications of a prospective tenant, or to determine or verify the identity of a prospective tenant or prospective occupant. However, if the rental housing owner or nonowner manager requests a social security number for verifying financial qualifications, other documentation sufficient to verify financial qualifications must also be accepted, such as portable screening reports, Individual Taxpayer Identification Number (ITIN) or other proof of income, and if a person is offering alternative means, the rental housing owner or nonowner manager must offer the same terms to the applicant as if a social security number was provided.
(3) A rental owner or nonowner manager shall inform any prospective resident or applicant seeking a rental unit of their right to provide alternative proof of financial qualifications on a form to be prescribed by Burien within 60 calendar days of enactment of the ordinance codified in this chapter. Such form shall be signed by the prospective applicant. [Ord. 804 § 9, 2022]
5.63.130 Housing ombudsman.
(1) It is the intent of the city of Burien to establish, in addition to other remedies or rights of appeal of any person under local, state or federal law, an independent, impartial local office readily available to the public and empowered to investigate housing disputes; to direct tenants, landlords and persons to the right avenue of recourse and/or the proper venue for recourse for conflicts; to assist in resolving problems and grievances between a landlord and a tenant; to document and identify issues and problems with residential rental housing and landlord-tenant relationships; and to recommend needed changes to laws to the city of Burien city council.
(2) The office of housing ombudsman is hereby established in the city of Burien for the health, safety and welfare of citizens seeking or who have obtained residential housing, or who offer or provide residential housing in the city of Burien.
(3) The housing ombudsman shall report to the city manager. This arrangement helps to guarantee the independence of the housing ombudsman, who is not only providing a direct service to citizens but is performing a role in legislative oversight of the city of Burien housing ombudsman program by reporting to the city manager.
(4) The housing ombudsman shall be a person of recognized judgment, objectivity and integrity who is well equipped to analyze problems of law, administration and public policy.
(5) No person while serving as ombudsman:
(a) Shall engage in any other occupation, business, or profession likely to detract from the full-time performance of his or her duties as ombudsman; or
(b) Shall engage in any other occupation, business or profession likely to result in a conflict of interest or an appearance of impropriety or partiality.
(6) The housing ombudsman shall follow the policies, rules and procedures as adopted by the city of Burien for the office of housing ombudsman. [Ord. 804 § 4, 2022; Ord. 716 § 1 (Exh. A), 2019. Formerly 5.63.075]
5.63.140 Compliance and enforcement.
(1) Powers and Duties of the Director.
(a) The director is authorized to enforce this chapter and may promulgate rules and regulations consistent with this chapter; provided, that the director shall hold one or more public hearings prior to adoption of final rules and regulations.
(b) The director shall attempt to settle by agreement any alleged violation or failures to comply with the provisions of this chapter; provided, that nothing herein shall create a right or entitlement of a landlord to settlement by agreement.
(c) The director is authorized to request records from landlord and the landlord shall allow the director access to such records, as well as a complete roster of tenants’ names and contact information, when requested, with at least five business days’ notice and at a mutually agreeable time, to investigate potential violations of the requirements of this chapter.
(2) Notice of Violation.
(a) If a violation of this chapter occurs, the director shall issue a notice of violation. A notice of violation shall include:
(i) The street address or a description of the building, structure, premises, or land in terms reasonably sufficient to identify its location where the violation occurred;
(ii) A description of the violation and a reference to the provisions of this chapter which have been violated;
(iii) A description of the action required to comply with the provisions of this chapter;
(iv) A statement that the landlord to whom a notice of violation is directed may request a hearing. Such request for hearing must be submitted in writing and must be received by the city clerk no later than 10 days after the notice of violation has been issued;
(v) A statement that penalties will accrue as provided in this chapter;
(vi) An advisory letter to provide the landlord with a timeline of the process and an invitation to conciliate.
(b) The notice of violation shall be delivered, in writing, to the person to whom the notice of violation is issued by personal delivery or first-class mail.
(3) Civil Penalties.
(a) Any person violating a provision of this chapter shall be subject to the penalties as outlined below.
(i) For a violation of distribution of information required (BMC 5.63.030), deposit requirements and installment payments (BMC 5.63.040), or notice requirement generally (BMC 5.63.050), a landlord shall be subject to the following penalties:
(A) For the first violation for each affected dwelling unit, $500.00; and
(B) For each affected dwelling unit for each subsequent violation within a three-year period, $1,000.
(ii) Unless otherwise stated in BMC 5.63.070(7), for a violation of just cause eviction (BMC 5.63.070) a landlord shall be subject to the following penalties:
(A) For each violation from the date the violation begins for the first 10 days of noncompliance, $250.00 per day, per dwelling unit;
(B) For each violation for each day beyond 10 days of noncompliance until compliance is achieved, $500.00 per day, per dwelling unit.
(b) The director may waive or reduce the penalty if the landlord comes into compliance within 10 days of the notice of violation or shows that its failure to comply was due to reasonable cause and not willful neglect. If the director finds a willful violation of this chapter, which resulted in a notice of violation outlined above, the director may issue a penalty that shall be $1,000.
(c) Any civil penalties paid by the landlord shall be kept by the city.
(4) Administrative Review by the Director.
(a) General. A person to whom a notice of violation or penalty is assessed may request an administrative review of the notice of violation or penalty.
(b) How to Request Administrative Review. A person may request an administrative review of the notice of violation or penalty by filing a written request with the director within 10 days from the date the notice of violation or penalty was issued. The request shall state, in writing, the reasons the director should review the notice of violation or penalty. Failure to state the basis for the review in writing shall be cause for dismissal of the review. Upon receipt of the request for administrative review, the director shall review the information provided. The city has the burden to prove a violation exists by a preponderance of the evidence.
(c) Decision of Director. After considering all of the information provided, the director shall determine whether a violation has occurred and shall affirm, vacate, suspend, or modify the notice of violation or penalty. The director’s decision shall be delivered, in writing, to the person to whom the notice of violation was issued by personal delivery or first-class mail.
(5) Appeals to the Hearing Examiner of Director’s Decision. Appeal of the director’s decision shall be made within 10 days from the date of the director’s decision by filing a written notice of appeal, clearly stating the grounds that the appeal is based upon, with the hearing examiner, which appeal shall be governed by Chapter 2.15 BMC. [Ord. 804 § 5, 2022; Ord. 716 § 1 (Exh. A), 2019. Formerly 5.63.080]
5.63.150 Date of applicability.
BMC 5.63.090 and 5.63.120, as they exist or as amended, apply to all residential tenant leases and agreements executed after the initial effective date of the provisions listed in this section. [Ord. 804* § 10, 2022]
* Code reviser’s note: Ordinance 804 adds this section as 5.63.130. It has been editorially renumbered to avoid duplication.