Smart access systems/tenants

AN ACT Relating to the use of a smart access system in a 1
residential property subject to the residential landlord-tenant act; 2
reenacting and amending RCW 59.18.030; and adding new sections to 3
chapter 59.18 RCW. 4
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:5
Sec. 1. RCW 59.18.030 and 2023 c 331 s 2 and 2023 c 277 s 10 are 6
each reenacted and amended to read as follows: 7
As used in this chapter: 8
(1) "Active duty" means service authorized by the president of 9
the United States, the secretary of defense, or the governor for a 10
period of more than 30 consecutive days. 11
(2) "Authentication data" means the data generated or collected 12
at the point of authentication in connection with granting a user 13
entry to a smart access building, common area, or dwelling unit 14
through such building's smart access system, excluding data generated 15
through or collected by a video, audio, or camera system that is used 16
to monitor entrances but not grant entry.17
(3) "Biometric identifier information" means a physiological, 18
biological, or behavioral characteristic that is used to identify, or 19
assist in identifying, an individual including, but not limited to:20
(a) A retina or iris scan;21
S-3550.3
SENATE BILL 5937
State of Washington 69th Legislature 2026 Regular Session
By Senators Pedersen, Goehner, and Bateman
Prefiled 12/23/25. Read first time 01/12/26. Referred to Committee
on Housing.
p. 1 SB 5937
(b) A fingerprint;1
(c) A voiceprint; or2
(d) A scan or record of a palm, hand, or face geometry.3
(4) "Certificate of inspection" means an unsworn statement, 4
declaration, verification, or certificate made in accordance with the 5
requirements of chapter 5.50 RCW by a qualified inspector that states 6
that the landlord has not failed to fulfill any substantial 7
obligation imposed under RCW 59.18.060 that endangers or impairs the 8
health or safety of a tenant, including (a) structural members that 9
are of insufficient size or strength to carry imposed loads with 10
safety, (b) exposure of the occupants to the weather, (c) plumbing 11
and sanitation defects that directly expose the occupants to the risk 12
of illness or injury, (d) not providing facilities adequate to supply 13
heat and water and hot water as reasonably required by the tenant, 14
(e) providing heating or ventilation systems that are not functional 15
or are hazardous, (f) defective, hazardous, or missing electrical 16
wiring or electrical service, (g) defective or hazardous exits that 17
increase the risk of injury to occupants, and (h) conditions that 18
increase the risk of fire. 19
(((3))) (5) "Commercially reasonable manner," with respect to a 20
sale of a deceased tenant's personal property, means a sale where 21
every aspect of the sale, including the method, manner, time, place, 22
and other terms, must be commercially reasonable. If commercially 23
reasonable, a landlord may sell the tenant's property by public or 24
private proceedings, by one or more contracts, as a unit or in 25
parcels, and at any time and place and on any terms.26
(((4))) (6) "Comprehensive reusable tenant screening report" 27
means a tenant screening report prepared by a consumer reporting 28
agency at the direction of and paid for by the prospective tenant and 29
made available directly to a prospective landlord at no charge, which 30
contains all of the following: (a) A consumer credit report prepared 31
by a consumer reporting agency within the past 30 days; (b) the 32
prospective tenant's criminal history; (c) the prospective tenant's 33
eviction history; (d) an employment verification; and (e) the 34
prospective tenant's address and rental history. 35
(((5))) (7) "Criminal history" means a report containing or 36
summarizing (a) the prospective tenant's criminal convictions and 37
pending cases, the final disposition of which antedates the report by 38
no more than seven years, and (b) the results of a sex offender 39
registry and United States department of the treasury's office of 40
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foreign assets control search, all based on at least seven years of 1
address history and alias information provided by the prospective 2
tenant or available in the consumer credit report. 3
(((6))) (8) "Designated person" means a person designated by the 4
tenant under RCW 59.18.590. 5
(((7))) (9) "Distressed home" has the same meaning as in RCW 6
61.34.020. 7
(((8))) (10) "Distressed home conveyance" has the same meaning as 8
in RCW 61.34.020. 9
(((9))) (11) "Distressed home purchaser" has the same meaning as 10
in RCW 61.34.020. 11
(((10))) (12) "Dwelling unit" is a structure or that part of a 12
structure which is used as a home, residence, or sleeping place by 13
one person or by two or more persons maintaining a common household, 14
including but not limited to single-family residences and units of 15
multiplexes, apartment buildings, and mobile homes.16
(((11))) (13) "Eviction history" means a report containing or 17
summarizing the contents of any records of unlawful detainer actions 18
concerning the prospective tenant that are reportable in accordance 19
with state law, are lawful for landlords to consider, and are 20
obtained after a search based on at least seven years of address 21
history and alias information provided by the prospective tenant or 22
available in the consumer credit report. 23
(((12))) (14) "Gang" means a group that: (a) Consists of three or 24
more persons; (b) has identifiable leadership or an identifiable 25
name, sign, or symbol; and (c) on an ongoing basis, regularly 26
conspires and acts in concert mainly for criminal purposes.27
(((13))) (15) "Gang-related activity" means any activity that 28
occurs within the gang or advances a gang purpose.29
(((14))) (16) "Immediate family" includes state registered 30
domestic partner, spouse, parents, grandparents, children, including 31
foster children, siblings, and in-laws. 32
(((15))) (17) "In danger of foreclosure" means any of the 33
following: 34
(a) The homeowner has defaulted on the mortgage and, under the 35
terms of the mortgage, the mortgagee has the right to accelerate full 36
payment of the mortgage and repossess, sell, or cause to be sold the 37
property; 38
(b) The homeowner is at least 30 days delinquent on any loan that 39
is secured by the property; or 40
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(c) The homeowner has a good faith belief that he or she is 1
likely to default on the mortgage within the upcoming four months due 2
to a lack of funds, and the homeowner has reported this belief to:3
(i) The mortgagee; 4
(ii) A person licensed or required to be licensed under chapter 5
19.134 RCW; 6
(iii) A person licensed or required to be licensed under chapter 7
19.146 RCW; 8
(iv) A person licensed or required to be licensed under chapter 9
18.85 RCW; 10
(v) An attorney-at-law; 11
(vi) A mortgage counselor or other credit counselor licensed or 12
certified by any federal, state, or local agency; or13
(vii) Any other party to a distressed property conveyance.14
(((16))) (18) "Landlord" means the owner, lessor, or sublessor of 15
the dwelling unit or the property of which it is a part, and in 16
addition means any person designated as representative of the owner, 17
lessor, or sublessor including, but not limited to, an agent, a 18
resident manager, or a designated property manager.19
(((17))) (19) "Mortgage" is used in the general sense and 20
includes all instruments, including deeds of trust, that are used to 21
secure an obligation by an interest in real property.22
(((18))) (20) "Orders" means written official military orders, or 23
any written notification, certification, or verification from the 24
service member's commanding officer, with respect to the service 25
member's current or future military status. 26
(((19))) (21) "Owner" means one or more persons, jointly or 27
severally, in whom is vested: 28
(a) All or any part of the legal title to property; or29
(b) All or part of the beneficial ownership, and a right to 30
present use and enjoyment of the property. 31
(((20))) (22) "Permanent change of station" means: (a) Transfer 32
to a unit located at another port or duty station; (b) change in a 33
unit's home port or permanent duty station; (c) call to active duty 34
for a period not less than 90 days; (d) separation; or (e) 35
retirement. 36
(((21))) (23) "Person" means an individual, group of individuals, 37
corporation, government, or governmental agency, business trust, 38
estate, trust, partnership, or association, two or more persons 39
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having a joint or common interest, or any other legal or commercial 1
entity. 2
(((22))) (24) "Premises" means a dwelling unit, appurtenances 3
thereto, grounds, and facilities held out for the use of tenants 4
generally and any other area or facility which is held out for use by 5
the tenant. 6
(((23))) (25) "Property" or "rental property" means all dwelling 7
units on a contiguous quantity of land managed by the same landlord 8
as a single, rental complex. 9
(((24))) (26) "Prospective landlord" means a landlord or a person 10
who advertises, solicits, offers, or otherwise holds a dwelling unit 11
out as available for rent. 12
(((25))) (27) "Prospective tenant" means a tenant or a person who 13
has applied for residential housing that is governed under this 14
chapter. 15
(((26))) (28) "Qualified inspector" means a United States 16
department of housing and urban development certified inspector; a 17
Washington state licensed home inspector; an American society of home 18
inspectors certified inspector; a private inspector certified by the 19
national association of housing and redevelopment officials, the 20
American association of code enforcement, or other comparable 21
professional association as approved by the local municipality; a 22
municipal code enforcement officer; a Washington licensed structural 23
engineer; or a Washington licensed architect. 24
(((27))) (29) "Reasonable attorneys' fees," where authorized in 25
this chapter, means an amount to be determined including the 26
following factors: The time and labor required, the novelty and 27
difficulty of the questions involved, the skill requisite to perform 28
the legal service properly, the fee customarily charged in the 29
locality for similar legal services, the amount involved and the 30
results obtained, and the experience, reputation and ability of the 31
lawyer or lawyers performing the services. 32
(((28))) (30) "Reasonable manner," with respect to disposing of a 33
deceased tenant's personal property, means to dispose of the property 34
by donation to a not-for-profit charitable organization, by removal 35
of the property by a trash hauler or recycler, or by any other method 36
that is reasonable under the circumstances. 37
(((29))) (31) "Reference data" means the information against 38
which authentication data is verified at the point of authentication 39
by a smart access system in order to grant a user entry to a smart 40
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access building, a dwelling unit of a smart access building, or a 1
common area of a smart access building. 2
(32) "Rent" or "rental amount" means recurring and periodic 3
charges identified in the rental agreement for the use and occupancy 4
of the premises, which may include charges for utilities. Except as 5
provided in RCW 59.18.283(3), these terms do not include nonrecurring 6
charges for costs incurred due to late payment, damages, deposits, 7
legal costs, or other fees, including attorneys' fees.8
(((30))) (33) "Rental agreement" or "lease" means all agreements 9
which establish or modify the terms, conditions, rules, regulations, 10
or any other provisions concerning the use and occupancy of a 11
dwelling unit. 12
(((31))) (34) "Service member" means an active member of the 13
United States armed forces, a member of a military reserve component, 14
or a member of the national guard who is either stationed in or a 15
resident of Washington state. 16
(((32))) (35) A "single-family residence" is a structure 17
maintained and used as a single dwelling unit. Notwithstanding that a 18
dwelling unit shares one or more walls with another dwelling unit, it 19
shall be deemed a single-family residence if it has direct access to 20
a street and shares neither heating facilities nor hot water 21
equipment, nor any other essential facility or service, with any 22
other dwelling unit. 23
(((33))) (36) "Smart access building" means a building containing 24
a dwelling unit that utilizes a smart access system.25
(37) "Smart access system" means any system that uses electronic 26
or computerized technology, such as a radio frequency identification 27
card, a mobile phone application, biometric identifier information, 28
or any other digital technology that is designed to gather 29
information in order to grant entry to a building containing a 30
dwelling unit, its elevators, its common areas, or to an individual 31
dwelling unit.32
(38) "Subsidized housing" refers to rental housing for very low-33
income or low-income households that is a dwelling unit operated 34
directly by a public housing authority or its affiliate, or that is 35
insured, financed, or assisted in whole or in part through one of the 36
following sources: 37
(a) A federal program or state housing program administered by 38
the department of commerce or the Washington state housing finance 39
commission; 40
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(b) A federal housing program administered by a city or county 1
government; 2
(c) An affordable housing levy authorized under RCW 84.52.105; or3
(d) The surcharges authorized in RCW 36.22.250 and any of the 4
surcharges authorized in chapter 43.185C RCW. 5
(((34))) (39) A "tenant" is any person who is entitled to occupy 6
a dwelling unit primarily for living or dwelling purposes under a 7
rental agreement. 8
(((35))) (40) "Tenant representative" means: 9
(a) A personal representative of a deceased tenant's estate if 10
known to the landlord; 11
(b) If the landlord has no knowledge that a personal 12
representative has been appointed for the deceased tenant's estate, a 13
person claiming to be a successor of the deceased tenant who has 14
provided the landlord with proof of death and an affidavit made by 15
the person that meets the requirements of RCW 11.62.010(2);16
(c) In the absence of a personal representative under (a) of this 17
subsection or a person claiming to be a successor under (b) of this 18
subsection, a designated person; or 19
(d) In the absence of a personal representative under (a) of this 20
subsection, a person claiming to be a successor under (b) of this 21
subsection, or a designated person under (c) of this subsection, any 22
person who provides the landlord with reasonable evidence that he or 23
she is a successor of the deceased tenant as defined in RCW 24
11.62.005. The landlord has no obligation to identify all of the 25
deceased tenant's successors. 26
(((36))) (41) "Tenant screening" means using a consumer report or 27
other information about a prospective tenant in deciding whether to 28
make or accept an offer for residential rental property to or from a 29
prospective tenant. 30
(((37))) (42) "Tenant screening report" means a consumer report 31
as defined in RCW 19.182.010 and any other information collected by a 32
tenant screening service. 33
(((38))) (43) "Transitional housing" means housing units owned, 34
operated, or managed by a nonprofit organization or governmental 35
entity in which supportive services are provided to individuals and 36
families that were formerly homeless, with the intent to stabilize 37
them and move them to permanent housing within a period of not more 38
than 24 months, or longer if the program is limited to tenants within 39
a specified age range or the program is intended for tenants in need 40
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of time to complete and transition from educational or training or 1
service programs. 2
(((39))) (44) "User" means a tenant of a smart access building.3
(45) "Wear resulting from ordinary use of the premises" means 4
deterioration that results from the intended use of a dwelling unit, 5
including breakage or malfunction due to age or deteriorated 6
condition. Such wear does not include deterioration that results from 7
negligence, carelessness, accident, or abuse of the premises, 8
fixtures, equipment, appliances, or furnishings by the tenant, 9
immediate family member, occupant, or guest. 10
NEW SECTION. Sec. 2. A new section is added to chapter 59.18 11
RCW to read as follows: 12
If requested by a tenant, a landlord must offer the tenant an 13
alternative key that does not use biometric identifier information or 14
a software application operated on a tenant's mobile phone or other 15
similar electronic device. Examples of alternative keys include, but 16
are not limited to: 17
(1) A key fob; 18
(2) A key card; 19
(3) A physical key; or 20
(4) Other form of physical access. 21
NEW SECTION. Sec. 3. A new section is added to chapter 59.18 22
RCW to read as follows: 23
(1) The landlord of a smart access building shall make available 24
to tenants any written privacy policy of the entity that developed 25
the smart access system utilized in such building, or any written 26
privacy policy of the entity that currently operates the smart access 27
system utilized in the building. 28
(2) The landlord of a smart access building, or an agent thereof, 29
must provide to tenants, either upon the initial signing of a lease 30
agreement or upon installation of the smart access system, a written 31
policy in plain language that describes, at a minimum, the following 32
information if it is not included in the privacy policy described in 33
subsection (1) of this section: 34
(a) The data elements to be collected by the smart access system, 35
including the extent to which data elements are collected that 36
contain information of, or relating to, the guests of a tenant;37
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(b) The protocols and safeguards the landlord will provide for 1
protecting such data elements; 2
(c) The retention schedule of such data; 3
(d) The protocols the landlord will follow to address any 4
suspected or actual unauthorized access to or disclosure of such data 5
elements, including notification of users; 6
(e) Guidelines for permanently destroying or anonymizing such 7
data or removing such data from the smart access system; and8
(f) The process used to add a tenant who has provided written 9
consent on a temporary basis to the smart access system.10
(3) If the information required to be provided under subsection 11
(2) of this section is provided by the smart access system developer 12
and the landlord does not retain or sell any information from the 13
smart access system, a landlord is compliant with the requirements of 14
this section by providing the privacy policy of the developer of the 15
smart access system. 16
NEW SECTION. Sec. 4. A new section is added to chapter 59.18 17
RCW to read as follows: 18
(1) A landlord of a smart access building or third party may 19
collect only the minimum amount of authentication data and reference 20
data necessary to enable the use of a smart access system for the 21
purpose of granting a user access to a building, its elevators, its 22
common areas, or to a user's dwelling. 23
(2) A smart access system may only collect, generate, or utilize 24
the following information: 25
(a) A user's name; 26
(b) The dwelling unit number and other doors or common areas to 27
which the user has access using a smart access system in a building;28
(c) A user's preferred method of contact; 29
(d) A user's biometric identifier information if a smart access 30
system utilizes biometric identifier information; 31
(e) The identification card number or any identifier associated 32
with the physical hardware used to facilitate building entry, 33
including radio frequency identification card, bluetooth, or other 34
similar technical protocols; 35
(f) Passwords, passcodes, user names, and contact information 36
used singly or in conjunction with other reference data to grant a 37
user entry to a smart access building, dwelling unit of a building, 38
or common area of a building through the building's smart access 39
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system, or to access any online tools used to manage user accounts 1
related to a building; 2
(g) Lease information, including move-in and, if available, move-3
out dates; and 4
(h) The time and method of access, solely for security purposes.5
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