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Burien staff seeks repeal of local rent-increase code after new state landlord-tenant law takes effect
Summary
The city’s rental housing inspection coordinator asked the council to repeal portions of Burien Municipal Code Chapter 5.63 to align the code with recent statewide changes to landlord-tenant law that limit rent-increase frequency and set caps for existing tenants; the council placed the repeal on next meeting’s consent agenda.
Manuela Jeanette, Rental Housing Inspection Program Coordinator for the City of Burien, presented on May 12 to ask the council to repeal two parts of BMC Chapter 5.63 so local code aligns with recent state changes to the residential landlord-tenant statutes (RCW 59.18) and the mobile-home landlord-tenant statutes (RCW 59.20).
Jeanette summarized the main effects of the new state law discussed at the meeting: rent increases for existing tenants are limited to once every 12 months; for existing tenants the increase is capped at 7% plus the consumer price index or 10%, whichever is lower; for manufactured-home space rent increases the cap is 5%; notice to tenants for rent increases is now 90 days (up from 60 days); between tenancies, landlords may set new starting rents without the statutory caps. Jeanette emphasized that Washington law continues to prohibit rent control by local jurisdictions.
Jeanette recommended repealing BMC 5.63.0100 (the Burien provision on rent increases) and removing a housing ombudsman position that has not been funded. She explained the city’s existing tenant-referral process: tenant complaints that appear to be code violations are referred to the city’s code enforcement officer and tenants are directed to available free legal resources because landlord-tenant disputes otherwise are civil matters handled between the landlord and tenant.
Council Member Stephanie Mora moved to place the repeal ordinance on the consent agenda for the next regular meeting; the motion was seconded, and the council voted in favor by recorded voice (7 ayes) to add the repeal ordinance to the next meeting’s consent agenda.
The presentation also noted a cross-reference in state law (RCW 59.18.085(3)(d)) that prohibits landlords from materially changing tenant obligations during habitability disputes and that the city code language in BMC 5.63 overlapped with, and in part relied upon, state provisions now clarified by the recent statute. By proposing the repeal, staff said the city would reduce contradictory or obsolete local wording and lessen tenant/landlord confusion about applicable limits.
