House of Origin Cutoff Legislative Report Wednesday, February 17 – 5:00 p.m.

SUPPORT LEGISLATION

Relocation Assistance for Tenants of Mobile Home Parks – SB 6461/HB 2760
The limitation on eligibility to low-income households is eliminated, as is the definition of “low- income household.”
The provision that payments are subject to eligibility verification by the Department and availability of funds is deleted. The date after which mobile home park closures trigger eligibility is updated to the effective date of the act.
There will likely be meetings with manufactured housing landlords and tenant groups to discuss this legislation after session. The Department of Commerce will also be bringing forward parks that they believe will be utilizing tenant relocation funding and possible methodology to generate more tenant relocation funds. Currently, the tenant relocation fund is at approximately $1.4 million. Everyone is concerned that there may not be enough funding as we pay for more tenants to be relocated as described in this legislation.
(Senators O’Ban, Hobbs and Warnick; Representatives Manweller, Springer, Zeiger and Hickel)
STATUS SB: DEAD Senate Financial Institutions & Insurance
STATUS HB: DEAD House Community Development, Housing & Tribal Affairs

Maintenance of Title for Manufactured Homes – SB 6153/HB 2766
If ownership of a manufactured home is in doubt, DOL may issue a temporary certificate of title with the label “TEMPORARY – OWNERSHIP IN DOUBT” printed on its face.
A person who is unable to provide satisfactory evidence of ownership may apply for ownership in doubt and receive either a temporary certificate of title for a one-year period or a bonded certificate of title. The bond must be for a one-year period and must be equal to one and a half times the value of the manufactured home. In the alternative, the person may petition any district court or superior court to receive a judgment awarding ownership of the manufactured home.
This legislation will also be discussed after session with mobile home park tenant stakeholders.
(Senators Mullet and Angel; Representatives Harmsworth, Vick, Manweller, Springer, Zeiger)
STATUS SB: DEAD Senate Human Services and Mental Health & Housing
STATUS HB: DEAD House Judiciary

Utilities Costs – SB 6546/HB 2901
The actual utility costs that a landlord may charge a tenant include all expenses incurred by the landlord to provide the utility to the tenant, including repair, replacement, maintenance, and administrative expense.
This act is remedial and curative in nature and applies retroactively. (Senators Roach, Hobbs; Representative Vick)
STATUS SB: DEAD Senate Financial Institutions & Insurance
STATUS HB: DEAD House Judiciary

Criminal Trespass – SB 5894
A person is guilty of criminal trespass in the first degree if the person is a tenant by sufferance or resides at a rental property and is not listed as a tenant on the rental agreement or as a guest in an affidavit signed by the owner or an agent of the owner of the property, and the person refuses to immediately upon demand surrender possession of the premises to the owner, or vacate the property, including other rental areas or common areas held by the owner. The existing defenses to criminal trespass also do not apply to a person trespassing in a dwelling in which a foreclosure action is pending or where the dwelling has been foreclosed upon and is being prepared for sale. (Senators Sheldon, Warnick, King, Padden)
SB STATUS: House Judiciary

Mobile Home Siting Bill – SB 5869
A county, city, or town may not restrict the location of a manufactured home on the basis that the manufactured home community does not meet current fire, safety, or other ordinances or laws related to manufactured homes if the community was compliant with all applicable ordinances and laws that were in existence at the time the community was permitted. (Senator Sheldon)
STATUS SB: DEAD Senate Rules

CONCERNS LEGISLATION

Affordable Housing Contributions to Purchase MH Communities –HB 2843
Provides a business and occupation tax credit and a public utility tax credit for approved contributions that are made by a person to the affordable housing account. Requires an application for tax credits to be made to the department of revenue before making a contribution to the affordable housing account. Creates the Washington affordable housing account.
All contributions to the account must be deposited into the account. To provide funds to eligible organizations, as defined in RCW 59.20.030, for the purchase of mobile home/manufactured communities under chapter 59.20 RCW. Only the director of the department of commerce or the director’s designee authorize expenditures from the account.
(Representatives McBride, Stanford, Walkinshaw, Santos)
STATUS HB: DEAD House Finance
REVIEWING (CONCERNS) LEGISLATION

Study of Sale of Financing of Manufactured Homes – HB 2954
This legislation requires the department of commerce to: (1) Study the sale and financing of manufactured homes; and(2) Develop a comparison of consumer protections provided to purchasers of manufactured homes under retail installment and similar contracts with those provided to purchasers of homes under the deed of trust act and other applicable state and federal laws and rules.
This legislation was introduced through the request of the Washington State Department of Commerce on February 1 and never received a hearing before the first legislative cutoff and is now scheduled for a hearing. MHCW legislative committee is carefully reviewing this bill whether we should be concerned or opposed. (Representative Ryu)
STATUS HB: Hearing on Tuesday, February 23 at 1:30 p.m. – House Community Development, Housing & Tribal Affairs Committee – JLOB Room E

OPPOSED LEGISLATION

Requiring Notice and Right of Refusal for Cities to Purchase MH Communities – HB 2799
A landlord may not close on the sale of his or her manufactured/mobile home community until 120 days after the date on which the notice of opportunity to purchase was delivered. A landlord must also provide a written notice of opportunity to purchase a manufactured/mobile home community by certified mail or personal delivery to all eligible organizations on the list maintained by the department of commerce.
A landlord who sells or transfers a manufactured/mobile home community and willfully fails to comply with this bill is liable to the state of Washington in the amount of five thousand dollars or five percent of the total sales price, whichever is greater. The attorney general may bring a civil action in superior court in the name of the state against a landlord under this section.
Our lobbyist strategy, the last 72 hours before the cutoff, was to draft amendments onto the bill to include our bill, HB 2766, methodology for obtaining titles for mobile homes. Ultimately there were too many amendments and House Democrats decided not to run the bill. We also argued that a portion of the bill was unconstitutional, which was presented to lawmakers that were lawyers and they agreed as well. There will be meetings regarding this legislation after session which will include lawmakers and stakeholder participation.
(Representatives McBride, Robinson, Zeiger, Ormsby, Gregerson, Orwall, Goodman, Tharinger, Tarelton, Appleton)
STATUS HB: DEAD House Floor

Minimum of Five Year Notice on Closures of Manufactured Housing Communities – HB 2946
Requires 5-years notice before a mobile home park can be converted to another use and requires that language to be included in the lease.
Requires a tenant who sells a mobile home, manufactured home, or park model within a park to provide the buyer with a copy of any closure notice provided by a landlord at least seven days in advance of the intended sale and transfer.
(Representatives Robinson, Appleton, Ryu, Gregerson)
STATUS HB: DEAD House Judiciary

On Site Sewage Systems – HB 2527
Provides the authority for the Department of Health (DOH) to capitalize and administer a low-interest loan program to assist homeowners with the repair and replacement of on-site sewage systems.
Requires the local health jurisdictions in the 12 counties bordering Puget Sound that were required to develop written on-site program management plans in 2007 to submit updated versions of those plans for approval by the DOH, with some exceptions, at least once every five years. Specifically requests that the DOH consider how a county will fund its on-site program management plan before giving approval. Creates a definition of an unsafe septic system. (Representatives Peterson, Goodman, Fitzgibbon)
STATUS HB: DEAD House Rules

Filing Fee Surcharges for Dispute Resolution Centers – SB 6448/HB 2674
A county legislative authority may impose a surcharge of up to $20 on each filing fee in Superior Court for the purpose of funding DRCs. The maximum amount of a DRC surcharge that may be imposed in district or small claims courts is raised as follows:
In District Court, the maximum surcharge on each civil filing fee is raised from $10 to $20.
In Small Claims Court, the maximum on each filing fee is raised from $15 to $20.
These flat fee levels may be adjusted annually up to the state’s fiscal growth factor. “Fiscal growth factor” means the average growth in state personal income for the prior ten fiscal years.
(Senators Rolfes, Darneille, Hasegawa; Representatives Jinkins, Rodne, Kilduff, Reykdal, Fey)
STATUS SB: DEAD Senate Law & Justice
STATUS HB: Passed House on Way to Senate