Tacoma plans to give renters more rights. This group says city isn’t going far enough
Attention Tacoma renters: your rights might be changing soon.
Over the past couple of months, a community proposal to change the city’s Rental Housing Code amassed over 7,000 signatures, enough to put it on the ballot in November.
The Tacoma City Council is discussing its own new rental ordinance and perhaps a competing ballot initiative. If the council approves the ballot measure, a final resolution would be submitted to the County Auditor’s Office by Aug. 1. The City Council is to discuss the issue July 11.
Advocates with Tacoma for All argue the council’s proposed ordinance and ballot measure don’t go far enough, and the group is pushing to establish a “Tenant Bill of Rights” and “Landlord Fairness Code” with Initiative 2023-01. That ballot measure would provide more protections for tenants, discourage excessive rent hikes and prohibit certain evictions during the school year and in cold weather, among other changes.
In Tacoma, 44% of residents are renters. Over the last five years Tacoma landlords increased rent by 43%, and 52% of renters are rent-burdened, according to a letter addressed to Mayor Victoria Woodards and Tacoma City Council members Tuesday signed by Tacoma for All and 25 labor representatives, attorneys, rental-housing experts and others.
“Tacoma has faced a housing crisis for a long time. As you likely know, we had one of the hottest real estate markets in the country for years, both in homes for sale and rentals. And while we’re not number one anymore, we’re still way up there. And the cost of living has skyrocketed without wages and other resources improving and has led to the mass displacement of local folks,” said Tacoma for All strategic campaign director Devin Rydel Kelly on Thursday. “We felt really strongly about this before the campaign, particularly with the really expanded homeless crisis in Tacoma, and particularly for young people and students. And we know that when they’re displaced that dramatically affects their life outcomes and leads to really terrible, terrible things.”
Rydel Kelly said volunteers have seen the effects of rent increases first-hand. One retiree living on a fixed income saw his rent go up 30% and now is unsure if he’ll have a place to live next month, he said.
“We hear from people constantly that are facing major crises … and it’s really compelling,” Rydel Kelly said. “This is a ubiquitous problem, and it affects everybody, and it resonates deeply with voters.”
A representative with the Washington Landlord’s Association did not respond to request for comment from the News Tribune.
The city’s current rental code
As of October 2021, Tacoma’s Rental Housing Code requires landlords to follow Just Cause Eviction provisions when evicting a tenant, give tenants the “Renting in Tacoma” handbook at the start of tenancy, give tenants a 60-day notice when increasing rent and give low-income tenants a 120-day notice and relocation assistance if they intend to demolish or change the use of the building, among other provisions. Under Washington law, a ‘Just Cause’ eviction means landlords cannot arbitrarily end or not offer to renew a rental agreement unless there is a valid reason, like the owner wishes to sell the property or the tenant failed to pay rent.
Tenants are allowed to file complaints with the city, which has the power to investigate and enforce code violations, and the Rental Housing Code prohibits retaliation against tenants for exercising their rights under the Washington State Residential Landlord-Tenant Act.
In 2021, amendments to the code effectively banned no-cause evictions and ensured a tenant’s right to seek assistance from the city without needing to hire a lawyer, according to the city’s website. The Rental Housing Code Stakeholder Group – comprised of Tacoma city staff, nonprofit and affordable housing representatives, housing providers and tenant advocates – said it wants to avoid measures that increase rental rates, narrows the availability of units and pushes smaller housing providers to leave the rental housing market.
There is no rent control in Washington state, and landlords can raise rent at their discretion, although they cannot raise rent during a rental contract.
What is the city’s new proposal?
The ordinance proposed by Mayor Woodards, Deputy Mayor Kristina Walker and council members John Hines and Catherine Ushka includes a number of changes to Tacoma’s Rental Housing Code.
Under the proposal, landlords must provide at least 120 days’ written notice for rent increases instead of 60 days and cannot increase rent or evict tenants unless the landlord has complied with city licensing and safety requirements. Any fees for late payment of rent would be limited to 1.5% of the unpaid rent, according to the ordinance.
The ordinance also adds screening criteria, barring landlords from requiring renters make 2.5 times or 3 times the monthly rent. If passed, landlords also wouldn’t be able to require tenants to provide a Social Security number to be screened and couldn’t have a blanket ban on renting to those with a felony or arrest record, according to the ordinance draft.
“Instead, they must conduct an individual assessment of a tenant’s criminal history such as the type and severity of the offense and how long ago the offense occurred,” according to the ordinance.
Landlords also should not evict or attempt to evict a tenant “unless the landlord can prove in court that just cause exists,” per the ordinance.
Additional standards would require landlords and master lease holders to be in compliance with shared-housing regulations, in cases where tenants may rent a private room but share common areas. Under the proposed changes, landlords and master lease holders must investigate any complaints related to the rental property causing a nuisance, drug or gang activity and terminate tenancy if possible, as well as provide notice to terminate a subtenancy and be able to prove just cause exists to do so, according to the ordinance draft.
Council members Kiara Daniels and Olgy Diaz said at a meeting Tuesday they would support amendments that also set standard screening criteria, prevent discrimination of certain dog breeds, provide economic displacement relocation assistance to low-income residents and set winter eviction limitations.
Council member Sarah Rumbaugh also brought up an amendment to cap non-refundable pet fees to no more than 25% of one month’s rent.
What are advocates pushing for?
Tacoma for All advocates say there’s an urgent need for bolder policies that strengthen tenant protections and stabilize the rental market in Tacoma.
Rydel Kelly said the city’s proposed Rental Housing Code changes “are decent, but don’t go nearly far enough.”
Citizens’ Initiative Measure No. 20203-01 would require landlords to comply with health-and-safety laws before raising rent or evicting a tenant. It would also:
Set limits on certain rental fees.
Require landlords to provide two notices to increase rent and offer relocation assistance when the rental increase is 5% or more.
Create a defense against certain evictions during the school year and due to cold weather, between Nov. 1 and April 1.
Prevent certain evictions against service members, seniors, families and others with protected status under the measure.
Provide penalties and other enforcement mechanisms to incentivize attorneys to pursue litigation against landlords who do not comply with tenant-protection laws.
The ballot measure would also adopt a “Landlord Fairness Code,” which requires landlords to comply with tenant protection laws before raising rent or evicting tenants and prohibits landlords from charging “unfair or excessive fees.” You can read the full measure at www.tacoma4all.org/initiative01 .
Rydel Kelly said Tacoma for All believes taking the city’s resolution to the ballot is “confusing, misleading, unnecessary and problematic” and said his group’s members “strongly applaud” council members Daniels and Diaz for being outspoken against the competing ballot measures.
“We think there’s a moment right now, locally and nationally, where people want more tenant protections, and that’s evidenced by all these big pieces of ordinances, big initiatives and referenda passed all over the place,” he said. “And to force people to choose between a really amazing thing and a pretty good thing, when they could have both, is a loss to both sides in our opinion, and frankly, it’s just a give-away to landlords … and we think that is not reflective of Tacoma’s historical base, which is very diverse, very integrated, very working class and a lot of tenants.”
