2013-03-20

Emboldened by the new conservative majority in the State Senate the rental industry introduced 12 bills threatening tenants’ rights. Collectively these bills would have stripped tenants of due process and made it easier for landlords to evict over arbitrary and excessive fees, hamper safeguards against carbon monoxide poisoning, empower landlords to arrest your guests or void your verbal agreements, and much more.

Currently four of these detrimental bills that have passed out of the State Senate and are being considered by the House. This week there is an important opportunity for concerned residents to tell their legislators to not let these bills out of committee. At the bottom of this post there is background information on all of the bills.

To find your legislator, use this map. After you find your legislator, you can click on their name below to send them an email, enter your address, and copy and paste the sample letter.

ESB 5105 Offender Vouchers
This bill is scheduled for a hearing in the House Public Safety Committee, Representatives: Roger Goodman, Dean Takko, Mary Helen Roberts, Brad Klippert, Dave Hayes, Sherry Appleton, Jeff Holly, Mike Hope, Luis Moscoso, Eric Pettigrew, Charles Ross,

Sample email:
RE: Please oppose ESB 5105
This bill would narrow the housing options of people who have been released from the criminal justice system, and invites the risk of increased harm to public safety as it could exacerbate the rate of recidivism because offenders lack stable housing. Stable housing is a key component in reducing recidivism risks. The bill also effectively exempts properties from having to comply with health and safety certification requirements. This is a flawed bill that would ultimately harm public safety, and creates loop holes that could allow owners of substandard properties to receive public funds to subsidize rent. Thank you

SB 5494 Carbon Monoxide Detectors & ESB 5495 State Building Code Council
* UPDATE: These two bills did not make their legislative cut-off. Thanks to everyone who wrote letters! No further action required.* These two bills are scheduled for a hearing on Thursday March 21st in the House Local Government Committee, Representatives: Dean Takko, Joe Fitzgibbon, David Taylor, Linda Kochmar, Vincent Buys, Larry Crouse, Marko Liias, Larry Springer, Dave Upthegrove.

Sample email:
RE: Please oppose SB 5494 and ESB 5495.
SB 5495 will unnecessarily put people’s lives in danger from carbon monoxide poisoning. The rental industry has had years to prepare, please vote no for another extension. Please also vote no on ESB 5495. Building codes should be created by technical experts, like engineers and architects, not special interest groups. Please oppose this power grab by the rental industry that could result in laxer safety requirements and less energy efficient buildings. Thank you.

SB 5425 Alternative Service
*** UPDATE: This bill did not make the legislative cut-off. Thanks to everyone who wrote letters! No further action required. *** This bill is being considered by the Housing Judiciary Committee, Representatives: Jamie Pedersen, Drew Hansen, Jay Rodne, Steve O’Ban, Roger Goodman, Mike Hope, Laurie Jinkins, Steve Kirby, Brad Klippert, Terry Nealey, Tina Orwall, Mary Helen Roberts, Matt Shea

Sample email:
RE: Please oppose SB 5425
Tenants should be entitled to being properly served and notified of a lawsuit, if there is any possibility of a money judgment, and allowed their day in court. The result of this bill could lead toward abuse, as a landlord could sue for a greatly inflated amount of money, win by default, and tenants get stuck with a massive money judgment. This will cause them to be denied housing whether the actual debt was valid or not. Please vote no to protect tenant’s right to due process. Thank you

Background Information:

SB 5494 “Carbon Monoxide Detectors” Background: An estimated thousand people visited hospital emergency rooms from carbon monoxide (Co2) poisoning during heavy storms in December 2006. Over 500 people die each year from this preventable problem.

In 2009 the legislature instructed the State Building Code Council to adopt rules to require all residential properties to be equipped with Co2 detectors by January 2013. Eight years after the tragic deaths of the storm, and four years after the law was first passed and the implementation deadline already expired, the rental industry introduced a bill to push back the implementation date another two years. The bill was amended to one year as a “compromise,” and passed out of the State Senate. Its effect will unnecessarily hamper safeguards against carbon monoxide poisoning.

The Tenants Union opposes an extension that would needlessly put lives in jeopardy after the industry has had almost a half-decade to prepare for the carbon monoxide detector requirement.

ESB 5495 “State Building Code Council Expansion” Background: Perhaps in response to the State Building Code Council requiring Co2 detectors, the rental industry introduced a bill to have two new positions added to the Council held explicitly for landlord trade associations. Currently the Council is comprised of elected and public officials, and individuals with technical expertise like engineers and architects to set sound policy to ensure safety requirements in construction. In a naked power grab, this bill opens the flood gates for special interests to influence what should be a neutral body of technical experts.

This could result in buildings that are less energy efficient, laxer safety standards, and gives landlords a lopsided influence to override concerns of fairness and equity for tenants.

ESB 5105 “Offender Vouchers”

This bill would narrow the housing options of people who have been released from the criminal justice system, and invites the risk of increased harm to public safety as it could exacerbate the rate of recidivism because offenders lack stable housing. Stable housing is a key component in reducing recidivism risks. The bill also effectively exempts properties from having to comply with health and safety certification requirements.

The Tenants Union opposes this flawed bill that would ultimately harm public safety, and creates loop holes that could allow owners of substandard properties to receive public funds to subsidize rent.

SB 5425 “Alternative Service.”

A tenant must be personally served a lawsuit in order for a landlord to get a money judgment in court. Under certain circumstances, a landlord may be allowed to serve a tenant by posting and mailing the lawsuit. However, under current law, the landlord can only get a court order to retake possession of the rental unit and NOT a money judgment. This bill would strip away this due process requirement if the tenant responds to being sued after service by posting and mailing.

Tenants should be entitled to being properly served and notified of a lawsuit, if there is any possibility of a money judgment, and allowed their day in court. The result of this bill could lead toward abuse, as a landlord could sue for a greatly inflated amount of money, win by default, and tenants get stuck with a massive money judgment. This will cause them to be denied housing whether the actual debt was valid or not.

Published in: Take Action

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