Independent living ombuds

AN ACT Relating to the establishment of an independent living 1
ombuds to support seniors living in independent living facilities and 2
the independent living portion of continuing care retirement 3
communities; and adding a new chapter to Title 43 RCW.4
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:5
NEW SECTION. Sec. 1. The legislature finds that many 6
Washingtonians over 55 years of age choose to live in communities 7
specifically designed for, and marketed to, seniors who wish to live 8
independently in a community of their peers. These senior independent 9
living housing options are often composed of renters or individuals 10
entering into long-term contracts, such as in continuing care 11
retirement communities. As such, residents of these communities are 12
unable to reasonably move should they have a conflict with 13
management. Further, these seniors do not have access to ombuds 14
services because the long-term care ombuds do not have jurisdiction 15
over senior independent living.16
As such, the legislature will create senior independent living 17
ombuds who will track data on the types of complaints and identified 18
resolutions and specialize in landlord-tenant and consumer protection 19
advocacy to assist seniors living in these kinds of housing 20
arrangements with issues that may arise. 21
H-2769.1
HOUSE BILL 2299
State of Washington 69th Legislature 2026 Regular Session
By Representatives Reeves, Duerr, Scott, and Macri
Prefiled 01/07/26. Read first time 01/12/26. Referred to Committee
on Housing.
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NEW SECTION. Sec. 2. (1) As used in this chapter, "senior 1
independent living" means any of the following:2
(a) An apartment building, condominium, or residential 3
neighborhood that: 4
(i) Limits residents based on age; 5
(ii) Requires residents to rent the housing unit, rent the land 6
on which they live, or both; and 7
(iii) Is not a long-term care facility as defined in RCW 8
43.190.020; 9
(b) Any section or portion of a continuing care retirement 10
community, as defined in RCW 18.390.010, which is not licensed by the 11
department of social and health services; 12
(c) Any portion or room in a building approved for assisted 13
living services, as defined in RCW 74.39A.009, that is not actively 14
being used as an assisted living facility room. 15
(2) "Senior independent living" does not include a facility that 16
provides medical care or assistance with activities of daily living, 17
such as an assisted living facility, a nursing home, a long-term care 18
facility, or other similar living arrangement that is not licensed or 19
certified by the department of social and health services.20
NEW SECTION. Sec. 3. There is created the office of the state 21
senior independent living ombuds. The department of commerce shall 22
contract with a private nonprofit organization to provide senior 23
independent living ombuds services as specified by the state and the 24
needs of its residents. The department of commerce shall ensure all 25
program and staff support necessary to enable the ombuds to 26
effectively protect the interest of residents and their families is 27
provided by the nonprofit organization that contracts to provide 28
senior independent living ombuds services. The department of commerce 29
shall adopt rules necessary to carry out this chapter. The senior 30
independent living ombuds shall have the following powers and duties:31
(1) Provide services for coordinating the activities of senior 32
independent living ombuds throughout the state; 33
(2) Carry out such other activities as the department of commerce 34
deems appropriate; 35
(3) Establish procedures, where relevant, for coordinating with 36
the office of the state long-term care ombuds and the office of the 37
state ombuds for developmental disabilities to ensure the needs of 38
mutual clients or shared communities are met; 39
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(4) Establish a statewide uniform reporting system to collect and 1
analyze data relating to complaints and conditions in senior 2
independent living for the purpose of identifying and resolving 3
significant problems, with provision for submission of such data to 4
the department of commerce and the legislature, on at least an annual 5
basis; and 6
(5) Establish procedures to assure that any files maintained by 7
ombuds programs are disclosed only at the discretion of the ombuds 8
having authority over the disposition of such files, except that the 9
identity of any complainant or resident of a senior independent 10
living community may not be disclosed by such ombuds unless:11
(a) Such complainant or resident, or the complainant's or 12
resident's legal representative, consents in writing to such 13
disclosure; or 14
(b) Such disclosure is required by court order.15
NEW SECTION. Sec. 4. (1) A senior independent living ombuds 16
authorized by this chapter or a local governmental authority shall 17
have training or experience in one or more of the following areas:18
(a) Housing or other related programs; 19
(b) The consumer protection act, chapter 19.86 RCW;20
(c) The state legal system; and 21
(d) Landlord-tenant law, including the residential landlord-22
tenant act, chapter 59.18 RCW, and manufactured/mobile home landlord-23
tenant act, chapter 59.20 RCW. 24
(2) A senior independent living ombuds or any member of his or 25
her family may not, in the past five years, have benefited 26
financially from: 27
(a) Full or partial ownership of a senior independent living 28
community; or 29
(b) Full or partial ownership or work at an assisted living 30
facility. 31
(3) A senior independent living ombuds may not be assigned to 32
work at or with a senior independent living community where they or a 33
member of their immediate family resides. 34
NEW SECTION. Sec. 5. A senior independent living community 35
shall post, in a conspicuous location, a notice of the name, address, 36
and phone number of the office of the appropriate senior independent 37
living ombuds and a brief description of the services provided by the 38
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office. The form of notice shall be approved by the office. This 1
notice shall be distributed to residents and prospective residents 2
before finalization of any rental agreement, sales agreement, or 3
contract allowing an individual to reside at the senior independent 4
living community indefinitely. The notice shall be provided to 5
residents at any subsequent renewal of the relevant rental agreements 6
or contracts. 7
NEW SECTION. Sec. 6. (1) A senior independent living ombuds 8
shall:9
(a) Identify, investigate, and resolve complaints made by, or on 10
behalf of, residents of a senior independent living community 11
relating to administrative action, inaction, or decisions that may 12
adversely affect the health, safety, welfare, and rights of the 13
residents; 14
(b) Monitor the development and implementation of federal, state, 15
and local laws, rules, regulations, and policies with respect to 16
housing in this state; 17
(c) Provide information, as appropriate, to residents, resident 18
representatives, and others regarding the rights of residents and to 19
public agencies regarding the problems of individuals residing in 20
senior living communities; and 21
(d) Provide for training of volunteers and promote the 22
development of citizen organizations to participate in the ombuds 23
program. A trained volunteer ombuds, in accordance with the policies 24
and procedures established by the state senior independent living 25
ombuds program, shall inform residents, their representatives, and 26
others about the rights of residents and may identify, investigate, 27
and resolve complaints made by or on behalf of residents of senior 28
independent living communities relating to action, inaction, or 29
decisions which may adversely affect the health, safety, welfare, and 30
rights of the residents. 31
(2) Nothing in this section shall be construed to empower the 32
state senior independent living ombuds or any local senior 33
independent living ombuds with statutory or regulatory licensing or 34
sanctioning authority. 35
NEW SECTION. Sec. 7. (1) The office of senior independent 36
living ombuds shall make referrals to relevant state agencies when 37
their investigations find violations or issues that potentially 38
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warrant action by state or local government agencies, law enforcement 1
agencies, or the office of the attorney general's consumer protection 2
division. 3
(2) State or local government agencies, law enforcement agencies, 4
and the office of the attorney general shall respond to any complaint 5
against a senior independent living community which was referred to 6
it by the ombuds and provide the ombuds with a summary of the results 7
of the investigation and any further actions proposed or taken.8
NEW SECTION. Sec. 8. (1) A senior independent living ombuds is 9
not liable for the good faith performance of responsibilities under 10
this chapter.11
(2) A discriminatory, disciplinary, or retaliatory action may not 12
be taken against any person for communications made, or information 13
given or disclosed, to aid the senior independent living ombuds in 14
carrying out its duties and responsibilities under this chapter.15
(3) All communications by a senior independent living ombuds are 16
privileged if reasonably related to the requirements of the ombuds' 17
responsibilities under this chapter and if made in good faith. Such 18
privilege shall serve as a defense to any action in libel or slander.19
(4) A senior independent living ombuds or other representative of 20
his or her office may not be compelled to testify in court as to any 21
confidential matters, except as the court may deem necessary to 22
enforce this chapter. 23
NEW SECTION. Sec. 9. All records and files of the senior 24
independent living ombuds relating to any complaint or investigation 25
made pursuant to carrying out the ombuds' duties, and the identities 26
of complainants, witnesses, patients, or residents, shall remain 27
confidential unless disclosure is authorized by the resident or his 28
or her guardian or legal representative. Disclosure may not be made 29
outside the office without the consent of any named witnesses, 30
resident, or complainant unless the disclosure is made without the 31
identity of any of these individuals being disclosed.32
NEW SECTION. Sec. 10. Sections 1 through 9 of this act 33
constitute a new chapter in Title 43 RCW.34
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