Housing unaffordability has plagued major metros across the U.S., as many young renters have sought living with roommates and family members to curb rental costs. The City of Seattle identified in their 2018 report, Losing Home: The Human Cost of Eviction in Seattle, that many renters are restricted from taking on roommates under their current lease agreements. Fast forward to now, and the City Council has passed a one-of-a-kind ordinance that gives roommates and their family members renters rights.
Could this be a trend? Or, is it a Seattle-only experiment? Read on to learn more about this unique law and see some of Seattle’s other recently passed ordinances you might just have missed.
Unpacking CB 119606
CB 119606 would give tenants the right to add a roommate, family member, or family members of a roommate to the lease so long as it was compliant with the unit’s occupancy limits.
Applied to rental agreements entered into after June 30, 2020, tenants who wish to live with a roommate or family member not on the lease, must provide property owners and managers notice within 30 days following the new occupancy. Rental owners are prohibited from imposing conditions, including additional resident screening criteria. Landlords and property managers can technically choose to screen the family member or roommate (not excluding anyone), but they cannot prohibit the new occupant from living there unless the property is federally assisted housing or is a partially owner-occupied dwelling.
If the original tenant vacates the property before the tenancy expiration, the roommates (if resided in the unit for at least 6 months) become parties to the rental agreement with the same lease terms. Property owners may require (with written notice) any resident not a member of the tenant’s immediate family become a party to the rental agreement. If the renter fails to do so within 30 days, the new tenants must vacate within 45 days.
Although this bill has passed, it passed un-signed by Mayor Jenny Durkan. While Seattle’s Mayor applauded the City Council for pursuing more stable, affordable housing, she noted in her letter that there could be future legal issues with expanding the definition of “family” that the City departments have not yet advised on or budgeted for. Ultimately, time will tell.
What do you think of this ordinance? Let us know in the comments!
Seattle's Other Ordinances
In addition to Seattle’s new roommate rights, the Seattle City Council has passed 4 other new rental housing bills:
- Domestic Violence Victims Protections (CB 119658)
Tenants experiencing domestic violence, sexual assault, unlawful harassment, or stalking could have previously been held liable for property damages caused by the tenant’s perpetrator. This ordinance addresses the renter’s liabilities and creates a mitigation fund which property owners can be reimbursed for the cost of property damages caused by the domestic violence perpetrator. Be mindful of Section 7.24.030, which pertains to all rental agreements entered into after December 31, 2019.
- City Housing and Building Maintenance Code Amendments (CB 119619)
It’s time to take a look at your notices! This ordinance makes it unlawful to “issue a notice to terminate tenancy, increase housing costs, or enter a unit unless that notice contains a reference on how to access information on the rights and obligations of tenants and landlords.” The Seattle Department of Construction and Inspections will have reference language for your updated notices.
- City Housing and Building Maintenance Code Amendments (CB 119619)
- Rental Agreement Regulation Ordinance Amendments (CB 119620)
This amendment applies to any rental agreement entered after January 15, 2017 and pertains to receipts for rent other payments (including security deposits, non-refundable move-in fees, utility payments, etc.). Specifically, property owners must:
- Provide a receipt for any payments made in cash
- Provide (if requested by the tenant) a receipt for any payments made in a form other than cash
- Provide the option to pay housing costs & other costs and fees via cash, check, or other means that don’t require electronic banking.
- Just Cause Eviction Ordinance & Rental Registration and Inspection Ordinance Amendments (CB 119621)
Rental property owners are now required to register with RRIO before issuing an eviction notice.
Do you think these ordinances could spread to other states and cities?
Let us know your thoughts in the comments!
3 Replies to “Watch Out Seattle, Roommates Not on the Lease Have Rights”
Washington DC has an assortment of “tenant friendly “ laws. Washington DC now has an affordable housing “crisis”. Correlation for sure. Squatters and visitors gain tenancy rights after 4 days and full eviction is required. Tenants qualify for free lawyers and eviction can take years through the court system. Landlord losses have led to bankruptcies. Properties can’t be well maintained which creates problems for neighborhoods.
These ordinances like the Roomates have Rights legislation is insane.
These idiots that pass these types of ordinances never understand the unintended consequences of their actions, and there are lots of them in this case. Any ordinance passed like this and others is basically a governmental takeover of private residential property or multi-unit building property rights by the local government. I see it as private property rights being diminished or taken away altogether and the government, in this case, local government dictating to the property owner what they can and cannot do with the property they own. As these ordinances continue coming over time, eventually the property owner will have all the responsibility of maintaining the property and paying the property taxes, etc. but will be nothing more than a caretaker of property not the owner of property. All the incentive of owning property is going down the drain with further psycho legislation, so why bother buying property or building new rental properties. These ordinances should be challenged in a court of law because they’re unconstitutional.
Unfortunately, Seattle isn’t the exception when it comes to local ordinances (and even state-wide laws!) that have been increasingly chipping away at private property rights. We’ll post the full details on Wednesday, but New York City has even passed a law recently banning owners from considering eviction records. It’s to the point where even seeing that an applicant has a landlord-tenant suit pending & denying the applicant for reasons unrelated to the information can get the property owner fined.