Washington Code 59.18.625 – Late fees, charges for nonpayment of rent due between March 1, 2020, and six months after eviction moratorium expiration — Violations — Penalties
Current as of: 2023 | Check for updates
|
Other versions
(1) A landlord may not charge or impose any late fees or other charges against any tenant for the nonpayment of rent that became due between March 1, 2020, and six months following the expiration of the eviction moratorium.
Terms Used In Washington Code 59.18.625
- Dwelling unit: is a structure or that part of a structure which is used as a home, residence, or sleeping place by one person or by two or more persons maintaining a common household, including but not limited to single-family residences and units of multiplexes, apartment buildings, and mobile homes. See Washington Code 59.18.030
- Landlord: means 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. See Washington Code 59.18.030
- Prospective landlord: means a landlord or a person who advertises, solicits, offers, or otherwise holds a dwelling unit out as available for rent. See Washington Code 59.18.030
- Prospective tenant: means a tenant or a person who has applied for residential housing that is governed under this chapter. See Washington Code 59.18.030
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- tenant: is a ny person who is entitled to occupy a dwelling unit primarily for living or dwelling purposes under a rental agreement. See Washington Code 59.18.030
(2) For rent that accrued between March 1, 2020, and the six months following the expiration of the eviction moratorium expiration date:
(a) A landlord may not report to a prospective landlord:
(i) A tenant’s nonpayment of rent that accrued between March 1, 2020, and the six months following the expiration of the eviction moratorium; or
(ii) An unlawful detainer action pursuant to RCW 59.12.030(3) that resulted from a tenant’s nonpayment of rent between March 1, 2020, and the six months following the expiration of the eviction moratorium.
(b) A prospective landlord may not take an adverse action based on a prospective tenant‘s nonpayment of rent that occurred between March 1, 2020, and the six months following the expiration of the eviction moratorium.
(3)(a) A landlord or prospective landlord may not deny, discourage application for, or otherwise make unavailable any rental dwelling unit based on a tenant’s or prospective tenant’s medical history including, but not limited to, the tenant’s or prospective tenant’s prior or current exposure or infection to the COVID-19 virus.
(b) A landlord or prospective landlord may not inquire about, consider, or require disclosure of a tenant’s or prospective tenant’s medical records or history, unless such disclosure is necessary to evaluate a reasonable accommodation request or reasonable modification request under RCW 49.60.222.
(4) A landlord or prospective landlord in violation of this section is liable in a civil action for up to two and one-half times the monthly rent of the real property at issue, as well as court costs and reasonable attorneys’ fees. A court must impose this penalty in an amount necessary to deter future violations, payable to the tenant bringing the action.
[ 2021 c 115 § 3.]
NOTES:
Conflicting laws—2021 c 115 §§ 2-4: See note following RCW 59.18.620.
Finding—Intent—Application—Effective date—2021 c 115: See notes following RCW 59.18.620.