In November, many Americans start preparing for the winter holiday period. LandlordSolutions will be closed in observance of federal holidays on the following days:

This is an update to our previous blog post written in October 2023 with guidelines on serving VAWA language and forms along with a 30-Day Notice to Pay or Vacate for tenancies covered by the Violence Against Women Act (VAWA).

In September 2024, A new interagency statement was released by The U.S. Department of Housing and Urban Development, U.S. Department of Agriculture, U.S. Department of the Treasury, U.S. Department of Veterans Affairs, and the U.S. Department of Justice with an updated statement on guidance as it related to VAWA.

When serving a notice for any covered property, housing providers must include VAWA language and HUD forms 5380 and 5382, informing tenants of their rights under VAWA.

The Violence Against Women Act (VAWA) provides housing protections to vulnerable individuals residing in "covered housing programs" funded by HUD. These protections apply to those in public housing, voucher programs, homeless assistance, supportive housing for elderly persons or individuals with disabilities, and other HUD-assisted housing programs.

VAWA-covered housing includes programs such as:

• Public Housing;
• Housing Choice Voucher;
• Project-based Section 8;
• Section 8 Moderate Rehabilitation Single Room Occupancy (SRO);
• Section 202 Supportive Housing for the Elderly;
• Section 202 Direct Loan;
• Section 811 Supportive Housing for Persons with Disabilities;
• Housing Opportunities for Persons With AIDS (HOPWA);
• HOME Investment Partnerships (HOME);
• Emergency Solutions Grants;
• Continuum of Care;
• Rural Housing Stability Assistance;
• Section 221(d)(3)/(d)(5) Below-market Interest Rate (BMIR), Multifamily Rental Assistance;
• Section 236 Multifamily Assistance; and
• Housing Trust Fund.

VAWA also covers:

• Housing units supported by Treasury's Low-Income Housing Credits (LIHTCs);
• USDA Rural Development (RD) Multifamily Programs (Section 515 Rural Rental Housing, Section 514/516 Farm Labor Housing, and Section 538 Guaranteed Rural Rental Housing Programs);
• USDA RD Section 533 Housing Preservation Grants Program;
• USDA RD Voucher Program;
• DOJ OVW Transitional Housing Assistance Grants for Victims of Domestic Violence, Dating Violence, Sexual Assault and Stalking Program;
• VA Grant and Per Diem (GPD) Program;
• VA Supportive Services for Veteran Families (SSVF) Program; and
• HUD-Veterans Affairs Supportive Housing (HUD-VASH).

VAWA guarantees tenants the right to report crimes or emergencies from their homes, regardless of assistance status. For evictions, housing providers must include VAWA language and HUD forms 5380 and 5382, informing tenants of their rights under VAWA. These rights extend to victims of domestic violence, dating violence, sexual assault, or stalking, irrespective of gender or identity. Tenants may assert their VAWA protections by submitting the necessary certification within 14 business days of receiving the eviction notice.

VAWA LANGUAGE

If the lease violation(s) detailed herein is/are the result of domestic violence, dating violence, sexual assault or stalking, we want to ensure that you understand your protections under the Violence Against Women Act (VAWA). VAWA protections are not only available to women but are available equally to all individuals regardless of sex, gender identity, or sexual orientation. HUD’s Notices under VAWA are attached to this notice. If this is applicable to you and you wish to exercise your rights under VAWA, you may do so by completing and submitting the Certification for (or other form of Alternate Documentation as specified in the Notice and Certification), so it is received in the management office no later than 14 business days from the date of your receipt of this notice.

Tukwila's City Council filed a synopsis of their meeting on September 9th, 2024 in which they discussed proposals for a new city ordinance outlining new renter protections.

As a result of recent legal decisions that resulted in the repeal of renter protections in the city of Kenmore, Tuwila's draft ordinance no longer included protections associated with Rent Increase Notices or Just Cause Eviction.

This is the current draft of Tukwila's new renter protection ordinance:

The draft ordinance as recommended by last year’s PCD Committee in November 2023
includes the following components:

• Distribution of Information – the City will prepare written summaries of legal
  protections and landlords would be required to provide them to prospective renters,
  to new tenants, and to existing tenants.
• Deposit Requirements - upfront costs over and above the 1st month’s rent are capped
  at a total of 1-month rent, with a right to pay in installments over 6 months, or 2
  months for leases shorter than 6 months.
• Late Fees – Fees for late payment of rent shall not exceed 1.5% of monthly rent.
• Rent Due Dates – Tenants may adjust rent due date if on a fixed income.
• Social Security Numbers – Landlords may request but not require a social security
  number for purpose of screening prospective tenants.

Less than half of Spokane's 44,000 rental units have been registered via the City's mandatory rental registry. Spokane's mayor is proposing a law that would prevent landlords from raising rent or evicting tenants if they haven’t registered.

According to a memo from WMFHA (the Washington Multi-Family Housing Association), Washington State's City of Vancouver will be considering a rental housing registry and a green building code. WMFHA says that the green building code update "quietly emerged from a workgroup" and that these policies create a significant impact on rental housing businesses operating in the city limits. Stay tuned for further updates.

In response to a lawsuit, the City of Kenmore has repealed certain provisions of the tenant protections passed in 2022 during a Council meeting on September 11, 2024.  The City of Kenmore repealed their “just cause” laws which go beyond the state’s listed “just causes” and prohibited ending tenancy at lease termination without just cause.  Two previous court cases, Rental Housing Ass’n of Wash. V. City of Burien (2022) and Valley Cities Counseling and Consultation v. Eddines (2024), ruled that city laws were pre-empted by state laws when the city tried to prohibit what state law expressly permits. Per the agreement, they have also repealed the “abusive and deceptive” practices section which contained ambiguous and legally questionable definitions of such practices.

Documents

• Settlement Agreement and Proposed Ordinance No. 24-0604 (9/11/24)
• Settlement and Release Agreement (9/11/24)
• Proposed Ordinance No. 24-0604 (9/11/24)
• Exhibit 1 to Proposed Ordinance No. 24-0604 (9/11/24)
• Just Cause Evictions Explained (9/11/24)

With the passage of the Tacoma Landlord Fairness Code (Tacoma Municipal Code 1.100) in December 2023, unlawful detainer actions (evictions) within the Tacoma City Limits are now subject to restrictions during the school year and during the winter. According to TMC 1.100.060 (4), the school-year and winter eviction bans will not apply under the following conditions described in TMC section 1.95.070.C:

• owner or family to occupy the unit
• condemnation or uninhabitability
• desire for roommate to vacate
• sexual harassment by tenant
• the tenant’s failure to comply with a three day or ten day notice to vacate for a drug-related activity nuisance pursuant to chapter 7.43 RCW;
• maintenance of an unlawful business or conduct pursuant to RCW 59.12.030(5); or
• because the tenant’s conduct has a substantial detrimental impact on, or constitutes an imminent threat to, the health or safety of other tenants in the rental building or the owner.

With the narrow passage of the Tacoma Landlord Fairness Code in December 2023, unlawful detainer actions (evictions) within the Tacoma City Limits are now subject to new restrictions during the school year and during the winter.

School-year Ban

Every household in the Tacoma City limits with any person either under the age of 18 or currently enrolled in a Tacoma Public School is now protected by the school-year eviction ban from September 9th, 2024 - June 20th, 2025, with several exceptions. This means that a tenant who the court determines is covered by the student/school-year eviction ban is not required to vacate the unit during the school year. Deputies will not enforce writs granted through the court during the winter ban unless the writ falls under an exception.

Since the school year ends on a Friday, our office expects to start issuing writs on the following Monday, which would be June 23rd, 2024.

Tenants also cannot be evicted based on their status as a military member, first responder, senior, family member, health care provider or educator.

Winter Ban

All tenants living in rental properties within Tacoma City limits will be protected from eviction between November 1-April 1, 2025, with several exceptions. Deputies will not enforce writs granted through the court during the winter ban unless the writ falls under an exception. Our office will begin issuing writs on April 2nd for residents who were protected by the winter eviction ban. The court may require an additional hearing after April 1, 2025 to confirm the household doesn’t qualify for the school-year ban.

Tenants also cannot be evicted based on their status as a military member, first responder, senior, family member, health care provider or educator.

Enforcement of Writs

In Pierce County, deputies have been working to catch up from the backlog of writs. Any writ posted prior to the beginning of either ban where the physical eviction was not completed prior to the effective date of the ban, the physical eviction will be scheduled for a date after the ban expires.

Tacoma's updated Rental Housing Code requires that prospective tenants earn at least 3 times the monthly rent when the monthly rent amount is below the Fair Market Rent (FMR) amount set by the U.S. Department of Housing and Urban Development (HUD) and at least 2.5 times the monthly rent when the monthly rent amount is at or above the HUD FMR.

LandlordSolutions has put together a short guide on how calculate Fair Market Rents for your properties. HUD provides comprehensive FMR databases that housing providers should reference when calculating FMR for your property.

1. First, identify the zip code of your property and the unit type that you will be renting. Unit types:
   • Economy/Studio
   • 1 Bedroom
   • 2 Bedroom
   • 3 Bedroom
   • 4 Bedroom
2. Navigate to the Fair Market Rate Database from the U.S. Department of Housing and Urban Development.
3. Select Washington State, select your county, and click "Next Screen."
4. Find the market rate for your unit type. Some metropolitan areas, including the Seattle-Bellevue metro area, are further broken down by ZIP code.
5. Determine if your asking rent is below the HUD FMR or at/above the HUD FMR for the zip code and unit type.