A RESOLUTION relating to rental housing and the City's efforts to improve the quality of rental housing, requesting that the Department of Planning and Development report back to the Council by February 1, 2011 with recommendations on implementation of a rental housing inspection program.

WHEREAS, the City has a longstanding interest in preserving the stock of rental housing and the long term health of its rental housing market, dating back to its initial efforts in the 1980's to develop and implement a rental housing licensing and inspection program; and

WHEREAS, in the 1990's the City implemented a rental housing inspection program that was undermined and ultimately unsuccessful, as limits were placed on the City's inspectors' ability to gain access to units for inspections; and

WHEREAS, in 1997 the City of Pasco successfully implemented a rental housing inspection program that required landlords to obtain a business license to operate rental housing and to submit a certificate of inspection from a City or private inspector certifying that the rental units met applicable code standards as a condition of obtaining the business license; and

WHEREAS, the Pasco program successfully withstood challenges to the Washington Supreme Court and the Ninth Circuit Court of Appeal; and

WHEREAS, in 2007 the City Council again considered implementation of a rental housing inspection program and commissioned a study to gauge the effectiveness of the City's approach to housing code enforcement; and

WHEREAS, the 2008 Cedar River Group study recommended that the City enhance its existing code enforcement efforts by seeking State legislation to secure inspection warrant authority, providing new resources to increase outreach and education activities, and by stepping up enforcement once warrant authority has been secured; and

WHEREAS, in 2010 the State Legislature passed SSB 6459, which, when it takes effect on June 10, 2010, will impose restrictions on a local government's ability to require a certificate of inspection from landlords and the types of rental housing inspection programs local jurisdictions can enact, and will prohibit a local jurisdiction from enacting a rental housing inspection program unless the program complies with the restrictions contained in SSB 6459; and

WHEREAS, SSB 6459 contains a "grandfather" clause, that authorizes local jurisdictions that adopt a rental housing inspection program prior to the effective date of SSB 6459 to continue their programs and to make future amendments to their programs without complying with the restrictions contained in SSB 6459; and

WHEREAS, the City Council intends to adopt a rental housing inspection program prior to June 10, 2010 (with a delayed implementation date), so that the City can tailor a local rental housing inspection program based on local needs rather than the restrictions contained in SSB 6459, and can then amend, as needed, that program to reflect those local needs; and

WHEREAS, Council Bill (C.B.) 116857 is the bill that has been introduced and that is intended to be adopted prior to June 10, 2010 to serve as a "placeholder" ordinance, which will allow the City to continue to analyze the scope of a local rental housing licensing and inspection program while continuing its work with stakeholders; and

WHEREAS, the City Council also intends to adopt a separate resolution to request that the Department of Planning and Development (DPD) report back to the City Council by July 1, 2011 on its efforts to develop and implement policies to implement a local administrative warrant program, as provided in SSB 6459, to enhance local code enforcement tools; and

WHEREAS, the City Council has heard from many stakeholders with questions, suggestions, and issues concerning C.B. 116857 and the potential for its successful implementation; and

WHEREAS, the City Council intends that the City take the requisite amount of time to develop its policy on rental housing inspections by continuing its work with stakeholders to determine whether the City should implement a rental housing inspection program, and if so, what the contours of that program should be.

NOW THEREFORE,

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEATTLE, THE MAYOR CONCURRING, THAT:

Section 1. The City Council requests that the Department of Planning and Development (DPD) develop a written report, to be delivered to the Council by February 1, 2011, with its recommendations, developed after working with stakeholders, for implementing the rental housing inspection program adopted under CB 116857. DPD's written report, analysis, and recommendations, should include, but not be limited to:

1. The advisability of a program implementation date of October 1, 2011 for testing and registration of rental housing inspectors;

2. The advisability of a program implementation date of April 1, 2012 for licensing of rental housing businesses;

3. The scope and focus of a proposed rental housing inspection program, including whether it should be citywide, geographically focused, limited to buildings with a certain number of units or with a certain type of units, etc.

4. The appropriate inspection standards to be included in a proposed rental housing inspection program;

5. The advisability of inspecting all units in buildings versus inspecting a sampling of units, and if sampling is advised, the appropriate method of and procedures for sampling;

6. The appropriate inspection interval, e.g., annually, every 2 years, every 3 years, before renting to a new tenant, etc.;

7. The applicability of the rental licensing and inspection program to new rental housing units either constructed or converted to residential rental housing after the effective date of the program;

8. The appropriate inspection method, whether by private or public inspectors, or by self inspections by landlords, and the appropriate credentials for any inspectors making the inspections;

9. The advisability and cost of registering inspectors;

10. The proposed cost of a rental housing business license;

11. What additional landlord and tenant protections/provisions might be needed to

ensure its successful implementation; and

12. If the exemptions proposed under CB 116857 are appropriate or should be expanded or contracted.

Adopted by the City Council the ____ day of ____________________, 2010, and signed by me in open session in authentication of its adoption this________ day of ______________________, 2010.

_________________________________

President ___________of the City Council

THE MAYOR CONCURRING:

_________________________________

Michael McGinn, Mayor

Filed by me this ____ day of ________________________, 2010.

____________________________________

City Clerk

(Seal)

Michael Jenkins

DPD-rental housing inspectionreso

5-27-2010

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