Senior shared housing

AN ACT Relating to senior shared housing in manufactured home 1
communities; and amending RCW 59.20.060, 59.20.070, and 59.20.130.2
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:3
Sec. 1. RCW 59.20.060 and 2023 c 40 s 3 are each amended to read 4
as follows: 5
(1) Any mobile home space tenancy regardless of the term, shall 6
be based upon a written rental agreement, signed by the parties, 7
which shall contain: 8
(a) The terms for the payment of rent, including time and place, 9
and any additional charges to be paid by the tenant. Additional 10
charges that occur less frequently than monthly shall be itemized in 11
a billing to the tenant; 12
(b) Reasonable rules for guest parking which shall be clearly 13
stated; 14
(c) The rules and regulations of the park; 15
(d) The name and address of the person who is the landlord, and 16
if such person does not reside in the state there shall also be 17
designated by name and address a person who resides in the county 18
where the mobile home park is located who is authorized to act as 19
agent for the purposes of service of notices and process. If no 20
H-0433.1
HOUSE BILL 1204
State of Washington 69th Legislature 2025 Regular Session
By Representatives Eslick, Walen, Jacobsen, Ryu, Leavitt, Macri,
Obras, Doglio, Gregerson, Peterson, Paul, Wylie, Kloba, Duerr, Nance,
Timmons, and Bernbaum
Prefiled 01/08/25. Read first time 01/13/25. Referred to Committee
on Housing.
p. 1 HB 1204
designation is made of a person to act as agent, then the person to 1
whom rental payments are to be made shall be considered the agent;2
(e) The name and address of any party who has a secured interest 3
in the mobile home, manufactured home, or park model;4
(f) A forwarding address of the tenant or the name and address of 5
a person who would likely know the whereabouts of the tenant in the 6
event of an emergency or an abandonment of the mobile home, 7
manufactured home, or park model; 8
(g) A statement that: "The park may be sold or otherwise 9
transferred at any time with the result that subsequent owners may 10
close the mobile home park, or that the landlord may close the park 11
at any time after the required closure notice as provided in RCW 12
59.20.080." The statement required by this subsection must: (i) 13
Appear in print that is in boldface and is larger than the other text 14
of the rental agreement; (ii) be set off by means of a box, blank 15
space, or comparable visual device; and (iii) be located directly 16
above the tenant's signature on the rental agreement;17
(h) A copy of a closure notice, as required in RCW 59.20.080, if 18
such notice is in effect; 19
(i) The terms and conditions under which any deposit or portion 20
thereof may be withheld by the landlord upon termination of the 21
rental agreement if any moneys are paid to the landlord by the tenant 22
as a deposit or as security for performance of the tenant's 23
obligations in a rental agreement; 24
(j) A listing of the utilities, services, and facilities which 25
will be available to the tenant during the tenancy and the nature of 26
the fees, if any, to be charged together with a statement that, in 27
the event any utilities are changed to be charged independent of the 28
rent during the term of the rental agreement, the landlord agrees to 29
decrease the amount of the rent charged proportionately;30
(k) A written description, picture, plan, or map of the 31
boundaries of a mobile home space sufficient to inform the tenant of 32
the exact location of the tenant's space in relation to other 33
tenants' spaces; 34
(l) A written description, picture, plan, or map of the location 35
of the tenant's responsibility for utility hook-ups, consistent with 36
RCW 59.20.130(6); 37
(m) A statement of the current zoning of the land on which the 38
mobile home park is located; 39
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(n) A statement of the expiration date of any conditional use, 1
temporary use, or other land use permit subject to a fixed expiration 2
date that is necessary for the continued use of the land as a mobile 3
home park; and 4
(o) A written statement containing accurate historical 5
information regarding the past five years' rental amount charged for 6
the lot or space. 7
(2) Any rental agreement executed between the landlord and tenant 8
shall not contain any provision: 9
(a) Which allows the landlord to charge a fee for guest parking 10
unless a violation of the rules for guest parking occurs: PROVIDED, 11
That a fee may be charged for guest parking which covers an extended 12
period of time as defined in the rental agreement;13
(b) Which authorizes the towing or impounding of a vehicle except 14
upon notice to the owner thereof or the tenant whose guest is the 15
owner of the vehicle; 16
(c) Which allows the landlord to alter the due date for rent 17
payment or increase the rent: (i) During the term of the rental 18
agreement if the term is less than two years, or (ii) more frequently 19
than annually if the initial term is for two years or more: PROVIDED, 20
That a rental agreement may include an escalation clause for a pro 21
rata share of any increase in the mobile home park's real property 22
taxes or utility assessments or charges, over the base taxes or 23
utility assessments or charges of the year in which the rental 24
agreement took effect, if the clause also provides for a pro rata 25
reduction in rent or other charges in the event of a reduction in 26
real property taxes or utility assessments or charges, below the base 27
year: PROVIDED FURTHER, That a rental agreement for a term exceeding 28
two years may provide for annual increases in rent in specified 29
amounts or by a formula specified in such agreement. Any rent 30
increase authorized under this subsection (2)(c) that occurs within 31
the closure notice period pursuant to RCW 59.20.080(1)(e) may not be 32
more than one percentage point above the United States consumer price 33
index for all urban consumers, housing component, published by the 34
United States bureau of labor statistics in the periodical "Monthly 35
Labor Review and Handbook of Labor Statistics" as established 36
annually by the department of commerce; 37
(d) By which the tenant agrees to waive or forego rights or 38
remedies under this chapter; 39
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(e) Allowing the landlord to charge an "entrance fee" or an "exit 1
fee." However, an entrance fee may be charged as part of a continuing 2
care contract as defined in RCW 70.38.025; 3
(f) Which allows the landlord to charge a fee for guests: 4
PROVIDED, That a landlord may establish rules charging for guests who 5
remain on the premises for more than 15 days in any 60-day period;6
(g) By which the tenant agrees to waive or forego homestead 7
rights provided by chapter 6.13 RCW. This subsection shall not 8
prohibit such waiver after a default in rent so long as such waiver 9
is in writing signed by the husband and wife or by an unmarried 10
claimant and in consideration of the landlord's agreement not to 11
terminate the tenancy for a period of time specified in the waiver if 12
the landlord would be otherwise entitled to terminate the tenancy 13
under this chapter; 14
(h) By which, at the time the rental agreement is entered into, 15
the landlord and tenant agree to the selection of a particular 16
arbitrator; ((or))17
(i) By which the tenant agrees to make rent payments through 18
electronic means only; or19
(j) Which prohibits a tenant who is age 55 or older from having 20
at least one roommate, including a roommate who shares the home with 21
the tenant as part of a homesharing arrangement that involves an 22
exchange of services such as cooking, housework, or gardening for 23
room and board or some financial consideration such as rent, as long 24
as the roommate's residence in the manufactured/mobile home community 25
does not violate any age restrictions that apply to the community.26
(3) Any provision prohibited under this section that is included 27
in a rental agreement is unenforceable. 28
Sec. 2. RCW 59.20.070 and 2023 c 105 s 9 are each amended to 29
read as follows: 30
A landlord shall not: 31
(1) Deny any tenant the right to sell such tenant's mobile home, 32
manufactured home, or park model within a park, or prohibit, in any 33
manner, any tenant from posting on the tenant's manufactured/mobile 34
home or park model, or on the rented mobile home lot, a commercially 35
reasonable "for sale" sign or any similar sign designed to advertise 36
the sale of the manufactured/mobile home or park model. In addition, 37
a landlord shall not require the removal of the mobile home, 38
manufactured home, or park model from the park because of the sale 39
p. 4 HB 1204
thereof. Requirements for the transfer of the rental agreement are in 1
RCW 59.20.073. Nothing in this subsection prohibits a landlord from 2
enforcing reasonable rules or restrictions regarding the placement of 3
"for sale" signs on the tenant's manufactured/mobile home or park 4
model, or on the rented mobile home lot, if (a) the main purpose of 5
the rules or restrictions is to protect the safety of park tenants or 6
residents and (b) the rules or restrictions comply with RCW 7
59.20.045. The landlord may restrict the number of "for sale" signs 8
on the lot to two and may restrict the size of the signs to conform 9
to those in common use by home sale businesses; 10
(2) Restrict the tenant's freedom of choice in purchasing goods 11
or services but may reserve the right to approve or disapprove any 12
exterior structural improvements on a mobile home space: PROVIDED, 13
That door-to-door solicitation in the mobile home park may be 14
restricted in the rental agreement. Door-to-door solicitation does 15
not include public officials, housing and low-income assistance 16
organizations, or candidates for public office meeting or 17
distributing information to tenants in accordance with subsection (3) 18
or (4) of this section; 19
(3) Prohibit the distribution of information or meetings by 20
tenants of the mobile home park to discuss mobile home living and 21
affairs, including political caucuses or forums for or speeches of 22
public officials or candidates for public office, meetings with 23
housing and low-income assistance organizations, or meetings of 24
organizations that represent the interest of tenants in the park, 25
held in a tenant's home or any of the park community or recreation 26
halls if these halls are open for the use of the tenants, conducted 27
at reasonable times and in an orderly manner on the premises, nor 28
penalize any tenant for participation in such activities;29
(4) Prohibit a public official, housing and low-income assistance 30
organization, or candidate for public office from meeting with or 31
distributing information to tenants in their individual mobile homes, 32
manufactured homes, or park models, nor penalize any tenant for 33
participating in these meetings or receiving this information;34
(5) Evict a tenant, terminate a rental agreement, decline to 35
renew a rental agreement, increase rental or other tenant 36
obligations, decrease services, or modify park rules in retaliation 37
for any of the following actions on the part of a tenant taken in 38
good faith: 39
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(a) Filing a complaint with any federal, state, county, or 1
municipal governmental authority relating to any alleged violation by 2
the landlord of an applicable statute, regulation, or ordinance;3
(b) Requesting the landlord to comply with the provision of this 4
chapter or other applicable statute, regulation, or ordinance of the 5
state, county, or municipality; 6
(c) Filing suit against the landlord for any reason;7
(d) Participation or membership in any homeowners association or 8
group; 9
(6) Charge to any tenant a utility fee in excess of actual 10
utility costs or intentionally cause termination or interruption of 11
any tenant's utility services, including water, heat, electricity, or 12
gas, except when an interruption of a reasonable duration is required 13
to make necessary repairs; 14
(7)(a) Effect an involuntary termination of electric utility or 15
water service due to lack of payment to any tenant on any day for 16
which the national weather service has issued or has announced that 17
it intends to issue a heat-related alert, such as an excessive heat 18
warning, a heat advisory, an excessive heat watch, or a similar 19
alert, for the area in which the tenant's address is located.20
(b)(i) A tenant at whose dwelling electric or water utility 21
service has been disconnected for lack of payment may request that 22
the landlord reconnect service on any day for which the national 23
weather service has issued or has announced that it intends to issue 24
a heat-related alert, such as an excessive heat warning, a heat 25
advisory, an excessive heat watch, or a similar alert, for the area 26
in which the tenant's address is located. The landlord shall inform 27
all tenants in the notice of disconnection of the ability to seek 28
reconnection and provide clear and specific information on how to 29
make that request, including how to contact the landlord.30
(ii) Upon receipt of a request made pursuant to (b)(i) of this 31
subsection, the landlord shall promptly make a reasonable attempt to 32
reconnect service to the dwelling. The landlord, in connection with a 33
request made pursuant to (b)(i) of this subsection, may require the 34
tenant to enter into a payment plan prior to reconnecting service to 35
the dwelling. If the landlord requires the tenant to enter into a 36
repayment plan, the repayment plan must comply with (c) of this 37
subsection. 38
(c) A repayment plan required by a landlord pursuant to (b)(ii) 39
of this subsection will be designed both to pay the past due bill by 40
p. 6 HB 1204
the following May 15th, or as soon as possible after May 15th if 1
needed to maintain monthly payments that are no greater than six 2
percent of the tenant's monthly income, and to pay for continued 3
utility service. The plan may not require monthly payments in excess 4
of six percent of the tenant's monthly income. A tenant may agree to 5
pay a higher percentage during this period, but will not be in 6
default unless payment during this period is less than six percent of 7
the tenant's monthly income. If assistance payments are received by 8
the tenant subsequent to implementation of the plan, the tenant shall 9
contact the landlord to reformulate the plan; 10
(8) Remove or exclude a tenant from the premises unless this 11
chapter is complied with or the exclusion or removal is under an 12
appropriate court order; ((or))13
(9) Prevent the entry or require the removal of a mobile home, 14
manufactured home, or park model for the sole reason that the mobile 15
home has reached a certain age. Nothing in this subsection shall 16
limit a landlord's right to exclude or expel a mobile home, 17
manufactured home, or park model for any other reason, including but 18
not limited to, failure to comply with fire, safety, and other 19
provisions of local ordinances and state laws relating to mobile 20
homes, manufactured homes, and park models, as long as the action 21
conforms to this chapter or any other relevant statutory provision ; 22
or23
(10) Prohibit a tenant who is age 55 or older from having at 24
least one roommate, including a roommate who shares the home with the 25
tenant as part of a homesharing arrangement that involves an exchange 26
of services such as cooking, housework, or gardening for room and 27
board or some financial consideration such as rent, as long as the 28
roommate's residence in the manufactured/mobile home community does 29
not violate any age restrictions that apply to the community.30
Sec. 3. RCW 59.20.130 and 1999 c 359 s 11 are each amended to 31
read as follows: 32
It shall be the duty of the landlord to: 33
(1) Comply with codes, statutes, ordinances, and administrative 34
rules applicable to the mobile home park; 35
(2) Maintain the common premises and prevent the accumulation of 36
stagnant water and to prevent the detrimental effects of moving water 37
when such condition is not the fault of the tenant;38
p. 7 HB 1204
(3) Keep any shared or common premises reasonably clean, 1
sanitary, and safe from defects to reduce the hazards of fire or 2
accident; 3
(4) Keep all common premises of the mobile home park, and vacant 4
mobile home lots, not in the possession of tenants, free of weeds or 5
plant growth noxious and detrimental to the health of the tenants and 6
free from potentially injurious or unsightly objects and condition;7
(5) Exterminate or make a reasonable effort to exterminate 8
rodents, vermin, or other pests dangerous to the health and safety of 9
the tenant whenever infestation exists on the common premises or 10
whenever infestation occurs in the interior of a mobile home, 11
manufactured home, or park model as a result of infestation existing 12
on the common premises; 13
(6) Maintain and protect all utilities provided to the mobile 14
home, manufactured home, or park model in good working condition. 15
Maintenance responsibility shall be determined at that point where 16
the normal mobile home, manufactured home, or park model utilities 17
"hook-ups" connect to those provided by the landlord or utility 18
company; 19
(7) Respect the privacy of the tenants and shall have no right of 20
entry to a mobile home, manufactured home, or park model without the 21
prior written consent of the occupant, except in case of emergency or 22
when the occupant has abandoned the mobile home, manufactured home, 23
or park model. Such consent may be revoked in writing by the occupant 24
at any time. The ownership or management shall have a right of entry 25
upon the land upon which a mobile home, manufactured home, or park 26
model is situated for maintenance of utilities, to ((insure 27
[ensure])) ensure compliance with applicable codes, statutes, 28
ordinances, administrative rules, and the rental agreement and the 29
rules of the park, and protection of the mobile home park at any 30
reasonable time or in an emergency, but not in a manner or at a time 31
which would interfere with the occupant's quiet enjoyment. The 32
ownership or management shall make a reasonable effort to notify the 33
tenant of their intention of entry upon the land which a mobile home, 34
manufactured home, or park model is located prior to entry;35
(8) Allow tenants freedom of choice in the purchase of goods and 36
services, and not unreasonably restrict access to the mobile home 37
park for such purposes; 38
(9) Maintain roads within the mobile home park in good condition; 39
((and))40
p. 8 HB 1204
(10) Notify each tenant within five days after a petition has 1
been filed by the landlord for a change in the zoning of the land 2
where the mobile home park is located and make a description of the 3
change available to the tenant; and4
(11) Provide each tenant with written notice that a tenant who is 5
age 55 or older may have at least one roommate, including a roommate 6
who shares the home with the tenant as part of a homesharing 7
arrangement that involves an exchange of services such as cooking, 8
housework, or gardening for room and board or some financial 9
consideration such as rent, as long as the roommate's residence in 10
the manufactured/mobile home community does not violate any age 11
restrictions that apply to the community. The notice must be provided 12
by the landlord to each tenant at the time that the lease or rental 13
agreement is signed or renewed. 14
A landlord shall not have a duty to repair a defective condition 15
under this section, nor shall any defense or remedy be available to 16
the tenant under this chapter, if the defective condition complained 17
of was caused by the conduct of the tenant, the tenant's family, 18
invitee, or other person acting under the tenant's control, or if a 19
tenant unreasonably fails to allow the landlord access to the 20
property for purposes of repair. 21
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