Chapter 9.60
RESIDENTIAL RENT INCREASES NOTICE

Sections:

9.60.010    Purpose and intent.

9.60.020    Applicability.

9.60.030    Notice of rent increase requirements.

9.60.040    Enforcement.

9.60.010 Purpose and intent.

The purpose of this chapter is to supplement the protections of the Washington State Residential Landlord-Tenant Act, Chapter 59.18 RCW and to increase the housing security of Port Townsend residents while balancing the needs of the tenants and landlords. Providing housing for Port Townsend residents directly impacts quality of life at the most basic level, and therefore requires regulations to ensure that it is equitably undertaken. The city should use education prior to any penalties in enforcing this chapter. (Ord. 3297 § 1 (Exh. A), 2022).

9.60.020 Applicability.

This chapter applies to all tenancies regulated by the Washington State Residential Landlord-Tenant Act, Chapter 59.18 RCW, as hereafter amended. (Ord. 3297 § 1 (Exh. A), 2022).

9.60.030 Notice of rent increase requirements.

A landlord may not increase the rent except in accordance with this section, unless such increase or charge has been agreed to in writing signed by landlord and tenant at the time of entering into the initial lease or rental agreement:

A. A landlord may not increase the rent of a tenant by more than three percent of the rent unless the landlord has provided the tenant with notice of the rent increase at least 120 days before such increase shall take effect. Any rental increase of three percent or less may be served in accordance with other applicable law.

B. A landlord may not increase the rent of any tenant by more than 10 percent unless the landlord has provided the tenant with notice of the rent increase at least 180 days before such increase shall take effect. (Ord. 3297 § 1 (Exh. A), 2022).

9.60.040 Enforcement.

A. If a violation of this chapter occurs, the director of planning and community development may utilize the procedures outlined in Chapter 1.20 PTMC.

B. Any tenant claiming injury from any violation of this chapter shall be entitled to bring an action in any other court of competent jurisdiction to enforce the provisions of this chapter and shall be entitled to all remedies available at law or in equity appropriate to remedy any violation of this chapter, including declaratory or injunctive relief. A tenant who prevails in any action to enforce this chapter shall be awarded his or her costs, reasonable attorneys’ fees, and expenses.

1. A landlord who violates this chapter shall be liable for penalties of up to two times the monthly rent of the dwelling unit at issue.

2. Failure of a landlord to comply with any of the provisions of this chapter shall provide the tenant with a defense in any legal action brought by the landlord to recover possession of the dwelling unit. (Ord. 3297 § 1 (Exh. A), 2022).