SPOKANE, Wash. – A new ordinance passed by the Spokane City Council could be facing potential legal challenges from the Rental Housing Association of Washington (RHAWA), if Mayor Lisa Brown signs it into law.
The ordinance, approved Monday night with a 5-2 vote, prevents landlords from raising rent or evicting tenants unless they are registered with the city. This ordinance also requires rental units to comply with standards outlined in RCW 59.18.060: landlord duties.
Sean Flynn, president and executive director of RHAWA, expressed concerns about the ordinance. “I don’t want to have to sue (the city),” Flynn said regarding the potential lawsuit. He hopes the city will reconsider and hold discussions to address the legal issues.
A letter dated Sept. 20 sent by RHAWA’s lawyers highlights concerns about RCW 59.18.060 being cited in the ordinance. With many sentences as broad as “The landlord will at all times during the tenancy keep the premises fit for human habitation, and shall in particular… maintain and safeguard with reasonable care any master key or duplicate keys to the dwelling unit,’ they claim a savvy tenant could use the statute as an absolute defense for any rent increases.
“RCW 59.18.060 speaks in terms of generalities, given the constant use of the terms ‘reasonable’ or ‘reasonably,’” Attorney Christopher Benis wrote to the city council on behalf of the RHAWA. “The practical effect of the ordinance as currently drafted would be to prohibit rent increases in any residence at any time.”
Councilmember Paul Dillon, the sponsor of the ordinance, defended the legislative process. He emphasized the thorough legal review the ordinance underwent, stating, “This was a very deliberate process that had a very thorough legal review and analysis.”
The ordinance updates regulations from last year that required landlords to register and obtain a business license with the city. The new requirements impose restrictions on unregistered landlords, preventing them from increasing rent or evicting tenants while emphasizing compliance with RCW 59.18.060.
“The ordinance as drafted conflicts with state law on many issues,” Flynn argues, indicating the seriousness of the concerns.
Mayor Brown has not yet signed the ordinance, and her office stated it hasn’t reached her desk, providing no insight into her possible decision.
