Tacoma voters passed a sweeping renters’ rights initiative. But who will enforce it?
After a contentious campaign and a tight vote, residents in Tacoma chose to enact some of the most comprehensive renter protections in the Pacific Northwest last month.
But the new Landlord Fairness Code Initiative won’t be enforced by the city of Tacoma.
Instead, tenants will have to take their landlords to court to contest alleged violations of any of the new changes going into effect Friday. Those changes include bans on winter and school-year evictions, a $10 cap on late rental fees and a requirement that landlords pay tenant-relocation assistance if they increase rent by 5% or more.
In a Q+A session Monday afternoon, representatives with the city of Tacoma said the city won’t enforce the new Landlord Fairness Code Initiative enacted by Measure 1 because there is no enforcement mechanism spelled out in the initiative that gives the city administrative authority to do so.
Tacoma will continue to enforce Rental Housing Code changes the City Council approved in July.
When the Landlord Fairness Code Initiative takes effect Dec. 8, both rental housing codes will be law, despite major differences between them.
Because the Landlord Fairness Code Initiative cannot be amended in any way for two years without a public vote and contains no authorization for administrative enforcement, its provisions are enforced exclusively by private rights of action, said Maria Lee, a city spokesperson. By contrast, the city’s Rental Housing Code is enforced through city administrative processes, she said.
If the Landlord Fairness Code Initiative faces any legal challenges, the city would be required to defend it in court once it becomes city law Dec. 8, Lee said.
Landlords who violate the LFCI could be liable for penalties no less than $500 and up to five times the monthly rent of the dwelling unit at issue, per violation, according to the city.
Up to tenants to enforce Measure 1
A spokesperson with Tacoma for All, the organization that drafted and campaigned for Measure 1, said it will be up to tenants to pursue relief in court if their landlord is violating provisions of the LFCI. Tacoma for All championed LFCI as a win for working-class families and tenants falling behind on their bills or facing homelessness due to unfair rent hikes.
Ann Dorn with Tacoma for All told The News Tribune on Tuesday the law was drafted with the intention of empowering tenants to pursue justice with their landlord in the court system, which she said is in line with a lot of existing tenant law. Dorn works as a firm manager and senior paralegal at the Law Office of Beverly Allen in Tacoma and is studying to be a lawyer.
“It is a faster, swifter path to justice if the tenant can go straight to court and they’re not waiting on a ticketing system, for example, where a staff member will get to you when their case load allows,” Dorn said. “By accessing the court system, tenants can go straight in when they have a grievance with their landlord versus waiting for an enforcement mechanism which may be underfunded or underutilized.”
Dorn said she cannot give legal advice and strongly encouraged tenants and landlords to seek legal counsel before making any decision in court. Typically she sees cases where tenants are bringing multiple grievances against their landlord to court.
Landlord-tenant issues can play out in small claims court in cases where the amount of money requested is under $10,000 and parties do not want to involve lawyers. A case could be brought to District Court if damages don’t exceed $100,000. Eviction cases must brought to Superior Court, and those cases could take between two and six months to be resolved, Dorn said. Civil filing fees are $240 according to the Pierce County Superior Court website, but Dorn said that fee can be waived for people who are low-income.
The vast majority of cases brought on by issues related to LFCI will likely be brought to Superior Court and most of them likely would settle or be dismissed, said Beverly Allen, an attorney who has been practicing law for 13 years in Washington and provides conflict counsel for the Housing Justice Project. Allen said because LFCI lays out the law clearly, she expects many landlord-tenant issues to be resolved without going to court.
Dorn acknowledged there is currently high demand for pro bono legal services in Tacoma, especially in the area of tenant law. Penalties for violating LFCI are expected to help incentivize private attorneys to take on cases, she said.
As someone who works in the legal field, Dorn said, she encounters tenants “all the time” who don’t fully know their rights and have been taken advantage of by their landlord. Dorn said landlords aren’t always aware of the laws either.
“We really want to call on City Hall and the City Council to be proactive about public education [as related to LFCI], educating people about their rights,” Dorn said Monday. “Without that, this would be a hollow victory.”
The City of Tacoma’s Office of Equity & Human Rights published a Q+A fact sheet online about the differences between LFCI and the city’s Rental Housing Code. Residents within city limits are encouraged to call 311 or 253-591-5000 to get connected with resources and get their questions answered.
Here are some of the most important changes going into effect Friday with LFCI:
Changes in rent increases, fees, move-in costs
Both the Rental Housing Code (RHC) and Landlord Fairness Code Initiative (LFCI) strengthened requirements about notifying tenants of rent increases and ensuring landlords comply with health-and-safety standards. Landlords must comply with both in the city of Tacoma, in addition to the Washington State Residential Landlord-Tenant Act.
Under the LFCI:
Landlords must give tenants a first notice to increase rent between 180-210 days before the rent increase takes effect and a second notice of rent increase between 90-120 days before the rent increase takes effect, a change from the RHC to require one notice at 120 days.
Fees for late rent are capped at $10/month, a change from the RHC cap of $75/month.
Move-in costs cannot exceed one month’s rent.
Pet damage deposits cannot exceed 25% of first month’s rent and must be refundable if no pet damage is done to the unit.
All other non-refundable fees are prohibited except as specifically allowed under state law.
The LFCI also says landlords in violation of tenant-protection laws may not increase rent or evict a tenant.
Landlords are required to have no violations which could make a unit uninhabitable.
Winter, school-year eviction bans
Under the LFCI, winter and school-year evictions will be banned as of Dec. 8. A landlord can seek a court order to be exempted from provisions and allow evictions if they can show they would experience “an undue and significant hardship” if the code were enforced, according to the city.
- During the school year, a person having legal custody of a child or student, and educators cannot be evicted.
- During the winter, it would be illegal to require a tenant to vacate between Nov. 1 and April 1.
- Tenants also cannot be evicted based on their status as a military member, first responder, senior, family member, health care provider or educator.
“Child” or “student” means any person either under the age of 18 or currently enrolled in school, per Tacoma’s municipal code.
“Educators” are defined as, “any person who works at a school as an employee or independent contractor of the school or its governing body, including but not limited to all teachers, substitute teachers, paraprofessionals, substitute paraprofessionals, administrators, administrative staff, counselors, social workers, psychologists, school nurses, speech pathologists, custodians, cafeteria workers and maintenance workers,” per city code.
Exceptions to the school-year and cold-weather eviction bans:
The owner or immediate family member intends to occupy the unit.
The unit has been condemned.
The landlord is sharing the house and asking a roommate to vacate.
Sexual harassment by the tenant.
Drug-related nuisance on the premises.
Waste nuisance or unlawful activity on the premises.
The tenant’s conduct has substantial detrimental impact or causes an immediate threat to the health and safety of other tenants or the owner.
Tenant relocation assistance
According to the city’s Monday presentation, under LFCI if a tenant’s rent is raised 5% or more and the tenant decides to move, the landlord is required to pay relocation assistance in these cases:
If rent increases by 5%-7.5%, landlords must pay tenants two times the monthly rent.
If rent increases 7.5%-10%, landlords must pay tenants two and a half times the monthly rent.
If rent increases more than 10%, landlords must pay tenants three times the monthly rent.
If a tenant is unable to relocate and remains in the dwelling unit at the increased rent, the tenant must repay the relocation assistance.
Exemptions:
A landlord and tenant living on the same site if the site has four or fewer dwelling units.
Tenants who have lived in the dwelling unit for less than six months.
A landlord who temporarily rents out the landlord’s principal residence during the landlord’s absence due to active-duty military service.
Enforcement and penalties
Landlords who violate LFCI can be liable for penalties no less than $500 and up to five times the monthly rent of the dwelling unit at issue, per violation, according to the city.
Tenants can sue landlords for violations. A tenant or organization can sue for injunctive relief, which is a court order that requires a person to do or cease doing a specific action like eviction.
Anyone who has questions about the rental housing code can call 311 within city limits, call 253-591-5000 or visit the city of Tacoma’s website to learn more.
This story was originally published December 7, 2023 at 5:00 AM with the headline "Tacoma voters passed a sweeping renters’ rights initiative. But who will enforce it?."
