The Seattle City Council met for an extensive agenda yesterday, which included two ordinances devised to advance the cause of rental protections and preservation of affordable housing. Both ordinances were nearly identical in language to the versions introduced in committee back in May. Also of note, a resolution calling upon the Washington State Legislature to repeal the statewide prohibition of rent control made an appearance as a walk-on agenda item. All three housing-related measures were sponsored by Council President Tim Burgess and passed upon Council vote.
The City Council legislation as passed will enhance rental protection by lengthening notice periods in certain instances for “just cause evictions,” as enumerated under City code. Specifically, notice periods will increase in instances where landlords choose to evict tenants from a single-family home in order to put their house on the market and when a landlord or their immediate family member intends to the occupy a unit within a multifamily building.
Under the new law, written notice periods to tenants increase from 60 days to 90 days for any property owner of a single-family dwelling who intends to sell their dwelling. Written notification must coincide with the end of a rental agreement or the last day of a monthly period for a month-to-month agreement. The property owner must also list the single-family residence at a reasonable price for sale within 30 days of the tenant vacating the unit. Failure to do so will be subject to challenge for an unfair eviction. Notice periods can be reduced to 60 days if the property owner is experiencing a personal hardship.
Written notice periods also increase from 20 days to 90 days whenever a landlord or a member of the landlord’s immediate family seeks to evict a tenant in order to occupy the unit. It’s worth noting that this law can only used by landlords when there is no “substantially equivalent” units readily available in the building. The written notice period can also be reduced to as few as 20 days if a landlord can substantiate a personal hardship.
Separately, the Council adopted an ordinance concerning notification of sale by some multifamily building landlords. Whenever a property owner has an intent to sell a building with five or more dwelling units with at least one unit qualifying as affordable, written notification must be provided to the Office of Housing and Seattle Housing Authority (SHA). For the purposes of the ordinance, affordable units are defined as 80% of the area median income or less. Notice must be sent at least 60 days before listing the property online or in print for public sale. And, failure to notify the Office of Housing within a timely manner could result in a one-time $500 fine.
When the original legislation was introduced to committee, a short 15-day notice period was proposed. It was clear early on that such a short window for notice would give social welfare providers little time to consider agreements and purchase of affordable housing units, which is the underlying intent of the law. Ultimately, this law gives the City and SHA the option, but not the requirement to procure affordable housing units before they can be sold on the private market.
Both ordinances passed on a 9-0 vote.
Sneaking into the agenda was a last-minute resolution on rent control proposed by Council President Tim Burgess. It was a surprising turn of events given Burgess’ previous statements in opposition to a rent control measure. At a special committee meeting last week, a similar but much more lengthy and statistics-filled resolution was sponsored by Councilmembers Kshama Sawant and Nick Licata, but that lost on a 3-3 vote with Burgess absent.
Burgess’ resolution reads as follows:
A RESOLUTION supporting efforts by the State Legislature to allow local governments to propose ordinances that significantly increase the supply of rent restricted units and that protect tenants from sudden and dramatic rent increases, without causing a negative impact on the quality or quantity of housing supply, by modifying or repealing RCW 35.21.830.
WHEREAS, residents across Seattle face rising housing costs that challenge Seattle’s future as an affordable and equitable city; and
WHEREAS, Resolution 31609 declares the City Council’s intent to consider numerous strategies to increase the availability of affordable housing in Seattle, including some that require changes in State law; and
WHEREAS, the City’s 2015 State Legislative Agenda supported “creating and preserving financing tools and other policies to expand affordable housing and help ensure affordability and stability for tenants;”
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEATTLE THAT:
Section 1. The City Council supports efforts by the State Legislature to allow local governments to propose ordinances that significantly increase the supply of rent-restricted units and that protect tenants from sudden and dramatic rent increases, without causing a negative impact on the quality or quantity of housing supply, by modifying or repealing RCW 35.21.830. The City Council requests that the Office of Intergovernmental Relations incorporate this position into the City’s forthcoming 2016 State Legislative Agenda.
The resolution passed 8-1 with Councilmember John Okamoto voting as the lone “no”.
Stephen is a professional urban planner in Puget Sound with a passion for sustainable, livable, and diverse cities. He is especially interested in how policies, regulations, and programs can promote positive outcomes for communities. With stints in great cities like Bellingham and Cork, Stephen currently lives in Seattle. He primarily covers land use and transportation issues and has been with The Urbanist since 2014.