Blog Post

OBSERVATIONS ON RECENT SEATTLE RENTAL LEGISLATION

September 19, 2019
Madeson Management is very pleased with the ruling overturning the First in Time Ordinance. It provided prospective tenants with a mechanism to tie up multiple properties without a hold deposit and increase vacancy time/cost. We will continue to process applications in the order we receive them in the spirit of general fairness, we’ve always done this, but we are glad to be free of the bureaucracy that stymied the process.

There is another piece of local legislation that just took effect on 2/19/18 – the Fair Chance Ordinance. This legislation prohibits landlords from running or considering criminal background checks in their screening process. The thought behind it is, minorities are disproportionately represented in the criminal system due to inherent bias, which then translates to bias in housing when criminal checks are used. The exception to this rule is sex offender registry status. Landlords can still check for this and if they can prove a sex offender’s presence in a building would negatively impact business (for example, in an apartment building where other tenants would move out if a sex offender moved in), then they can decline the applicant. It will be interesting to see if this ordinance is also overturned, citing the basis for the recent decision with the First in Time ordinance.

This wave of recent tenant-friendly housing legislation is causing fallout in the housing industry. We at Madeson Management are seeing it first-hand, with many applicants saying their landlords are forcing them out to bulldoze their rentals and build row houses or townhouses for sale, or existing landlords coming to us for management assistance or selling because Seattle Landlord-Tenant law is too complex for the average independent landlord to navigate now. Our typical lease agreement is around 50 pages in length, due to Seattle-required disclosures, and the verbiage used in listing ads and appointments is very carefully crafted to comply with fair housing and other rules. To be sure, some fair housing rules are necessary – we still hear anecdotes from tenants of landlords illegally denying housing to people with children, unmarried couples, immigrants – but it’s clear the pendulum has swung far enough towards tenants that the city is now losing rental inventory as landlords sour on the process.

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June 14, 2021
Last week, one resolution and a series of rental housing bills were passed by the Seattle City Council. They will now be presented to the Mayor for approval and signature. If the bills are signed, (unless otherwise specified), they will become effective 30 days after they are returned to the City Clerk. Resolution 31998 recommends that the city's Covid eviction moratorium, currently set to expire 6/30, be extended through the end of 2021. Plainly summarized, the current eviction moratorium temporarily removes the ability for landlords to: Terminate or give notice of intent to terminate a lease (even term leases) for any reason other than the tenant poses an imminent threat to health or safety Nonpayment of rent and other lease violations must be endured by landlords Prohibits landlords from moving tenants out at the end of a lease term to sell or re-inhabit their own homes (a protection the state order allows outside Seattle city limits) Prohibits raising rent or giving notice of a rent increase CB120046 will shield educators and tenants with minor children from eviction during the school year. Evictions for just cause (including nonpayment of rent) cannot take place during the school year as defined by the Seattle Public School calendar. CB120077 further defines the required language for the eviction process following the eviction moratorium, for the period of time defined by the pandemic emergency. CB120090 effectively ends the practice of term leases, mandating landlords to offer lease renewal to tenants 60 - 90 days prior to lease end dates. Once a housing unit becomes a rental, CB120090 requires that it must now remain a rental until the lease is terminated by the tenant, or if just cause exists to evict a tenant when it becomes legal again to do so, following the covid eviction moratorium. The ordinance also allows tenants the right to rescind a notice of intent to vacate, which could greatly impact the practice of pre-leasing units before the previous tenant has moved out. Students, who secure housing primarily through pre-leasing, will be most impacted, but landlords will also incur longer vacancy time and costs between tenants. Alex Pedersen, a dissenting council member from district 4, made the comment, "We want to be mindful of the financial challenges faced by small housing providers who lack the economies of scale to absorb these costs." Our firm agrees, believing the net effect of these policies on independent landlords, housing supply, and affordability wasn't studied or considered in the council's vote. We anticipate a negative long-term outcome for tenants in particular, resulting from this legislation.
By Melissa Melia August 24, 2020
City dwellers are on the move, and they are moving to the suburbs - trading in micro-apartments for spacious townhouses with balconies and single family homes with outdoor space.
By tim.melia July 2, 2020
Well-maintained common areas speak volumes about a multifamily building and its ownership. Residents notice well-kept grounds, hallways and stairwells, and clean laundry facilities. These areas set a visual expectation for how residents should treat their own dwellings, and are a key component to resident comfort, satisfaction, and safety. Savvy owners recognize common areas as a vital tool for improving resident retention, allowing them to enjoy lower vacancy rates and the ability to command higher rents. Outsourcing common area cleaning carries the added benefit of experienced and consistent eyes on the property, to spot maintenance and other concerns which are exceptionally valuable to building owners managing their properties remotely. Good business practice aside, keeping common areas reasonably clean and safe is a legal expectation in many local municipalities, including Seattle. Recognizing the key role building owners now play, in helping to curb the spread of COVID-19, many owners are taking cleaning a step further with common area sanitization, helping their residents remain safe and healthy at home. The Centers for Disease Control and Prevention (CDC) recommends taking the following actions for effective sanitization1: Hard (Non-porous) Surfaces If surfaces are dirty, they should be cleaned using a detergent or soap and water prior to disinfection. For disinfection, most common EPA-registered household disinfectants should be effective Follow the manufacturer’s instructions for all cleaning and disinfection products for concentration, application method and contact time, etc. Additionally, diluted household bleach solutions (at least 1000ppm sodium hypochlorite) can be used if appropriate for the surface. Follow manufacturer’s instructions for application, ensuring a contact time of at least 1 minute, and allowing proper ventilation during and after application. Check to ensure the product is not past its expiration date. Never mix household bleach with ammonia or any other cleanser. Unexpired household bleach will be effective against coronaviruses when properly diluted. Prepare a bleach solution by mixing: 5 tablespoons (1/3 cup) bleach per gallon of water or 4 teaspoons bleach per quart of water Soft (Porous) Surfaces For soft (porous) surfaces such as carpeted floor, rugs, and drapes, remove visible contamination if present and clean with appropriate cleaners indicated for use on these surfaces. After cleaning: If the items can be laundered, launder items in accordance with the manufacturer’s instructions using the warmest appropriate water setting for the items and then dry items completely. Otherwise, use products that are EPA-approved for use against the virus that causes COVID-19 and that are suitable for porous surfaces. More information is available at www.polishedhousekeeping.com.
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