Senior independent housing

AN ACT Relating to senior independent housing protections; adding 1
a new section to chapter 59.18 RCW; and adding a new chapter to Title 2
59 RCW. 3
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:4
NEW SECTION. Sec. 1. The legislature finds that many 5
Washingtonians over 55 years of age choose to live in communities 6
specifically designed for, and marketed to, seniors who wish to live 7
independently in a community of their peers. These senior independent 8
living housing options are often composed of renters or individuals 9
entering into long-term contracts, such as in continuing care 10
retirement communities. As such, residents of these communities are 11
unable to reasonably move should they have a conflict with 12
management.13
The legislature finds 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. As such, the legislature will create 16
senior independent living ombuds who will track data on the types of 17
complaints and identified resolutions and specialize in landlord-18
tenant and consumer protection advocacy to assist seniors living in 19
these kinds of housing arrangements with issues that may arise.20
S-3903.1
SENATE BILL 6153
State of Washington 69th Legislature 2026 Regular Session
By Senators Bateman, Alvarado, Conway, Frame, Hasegawa, Nobles,
Trudeau, Valdez, and C. Wilson
Read first time 01/15/26. Referred to Committee on Housing.
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The legislature further finds that given low supply and high 1
demand for such housing options, statewide data on available senior 2
independent housing units is necessary for public planning purposes, 3
necessitating a statewide database on senior independent housing unit 4
inventory. 5
Finally, the legislature finds that provisions of the residential 6
landlord-tenant act with respect to tenants who are senior 7
independent housing residents are matters vitally affecting the 8
public interest for the purpose of applying the consumer protection 9
act. 10
NEW SECTION. Sec. 2. The definitions in this section apply 11
throughout this chapter unless the context clearly requires 12
otherwise.13
(1) "Department" means the department of commerce.14
(2) "Director" means the director of the department of commerce.15
(3) "Senior independent housing" means any residential housing 16
that is advertised, maintained, designed, or constructed for the 17
express or implied purpose of providing housing for persons 55 years 18
of age or older who are independent and do not require assistance 19
with activities of daily living. Senior independent housing is 20
typically designed to enable seniors to live on their own, but with 21
the security and convenience of community living, including 22
recreational, educational, and social activities. "Senior independent 23
housing" does not include facilities that provide medical care or 24
assistance with activities of daily living, such as assisted living 25
facilities, nursing homes, long-term care facilities, or other 26
similar living arrangements that are not licensed by the department 27
of social and health services. 28
(4) "Senior independent housing unit" means an individual 29
dwelling unit in senior independent housing. 30
NEW SECTION. Sec. 3. (1) All senior independent housing 31
facilities must annually be registered with the department. A 32
facility must report information on the registration form as 33
prescribed by rule of the department including, but not limited to, 34
the number of occupied and vacant senior independent housing units in 35
the facility.36
(2) The department shall determine and prescribe by rule a 37
registration fee for each senior independent housing facility. Fee 38
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revenue must be deposited into the senior independent housing account 1
created in section 4 of this act. 2
(3) The department must create and maintain a database that 3
tracks and discloses statewide senior independent housing unit 4
inventory, including the number of occupied and vacant units.5
NEW SECTION. Sec. 4. The senior independent housing account is 6
created in the state treasury. All receipts from section 3 (2) of this 7
act must be deposited into the account. Moneys in the account may be 8
spent only after appropriation. Expenditures from the account may be 9
used only for the senior independent housing ombuds program created 10
in section 5 of this act.11
NEW SECTION. Sec. 5. There is created the office of the state 12
senior independent housing ombuds. The department shall contract with 13
a private nonprofit organization to provide senior independent 14
housing ombuds services. The department shall ensure that all program 15
and staff support necessary to enable the ombuds to effectively 16
protect the interests of all senior independent housing residents is 17
provided by the nonprofit organization that contracts to provide 18
senior independent housing ombuds services. The senior independent 19
housing ombuds shall have the following powers and duties:20
(1) Provide services for coordinating the activities of senior 21
independent housing ombuds throughout the state; 22
(2) Carry out such other activities as the department deems 23
appropriate; 24
(3) Establish procedures consistent with section 12 of this act 25
for appropriate access by senior independent housing ombuds to 26
resident records, including procedures to protect the confidentiality 27
of the records and ensure that the identity of any complainant or 28
resident will not be disclosed without the written consent of the 29
complainant or resident, or upon court order; 30
(4) Establish a statewide uniform reporting system to collect and 31
analyze data relating to complaints and conditions in senior 32
independent housing for the purpose of identifying and resolving 33
significant problems; and 34
(5) Establish procedures to assure that any files maintained by 35
the senior independent housing ombuds programs shall be disclosed 36
only at the discretion of the ombuds having authority over the 37
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disposition of such files, except that the identity of any 1
complainant or resident shall not be disclosed by such ombuds unless:2
(a) Such complainant or resident, or the complainant's or 3
resident's legal representative, consents in writing to such 4
disclosure; or 5
(b) Such disclosure is required by court order.6
NEW SECTION. Sec. 6. (1) Any senior independent housing ombuds 7
authorized by this chapter or a local governmental authority shall 8
have training or experience, or both, in the following areas:9
(a) Gerontology or other related social services programs;10
(b) Housing or other related programs; 11
(c) The consumer protection act, chapter 19.86 RCW;12
(d) The state legal system; 13
(e) Dispute or problem resolution techniques, including 14
investigation, mediation, and negotiation; and 15
(f) Landlord-tenant law, including the residential landlord-16
tenant act, chapter 59.18 RCW, and manufactured/mobile home landlord-17
tenant act, chapter 59.20 RCW. 18
(2) A senior independent housing ombuds shall not have been 19
employed by or participated in the management of any senior 20
independent housing within the past year. 21
(3) No senior independent housing ombuds or any member of the 22
ombuds' immediate family shall have, or have had within the past 23
year, any significant ownership or investment interest in one or more 24
senior independent housing units. 25
(4) A senior independent housing ombuds shall not be assigned to 26
senior independent housing in which a member of that ombuds' 27
immediate family resides. 28
NEW SECTION. Sec. 7. Every senior independent housing provider 29
shall post in a conspicuous location in every building containing any 30
senior independent housing units a notice of the name, address, and 31
phone number of the office of the appropriate senior independent 32
housing ombuds and a brief description of the services provided by 33
the office. The form of the notice shall be approved by the office of 34
the state senior independent housing ombuds.35
NEW SECTION. Sec. 8. A senior independent housing ombuds shall:36
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(1) Identify, investigate, and resolve complaints made by or on 1
behalf of senior independent housing residents relating to 2
administrative action, inaction, or decisions which may adversely 3
affect the health, safety, welfare, and rights of these individuals;4
(2) Monitor the development and implementation of federal, state, 5
and local laws, rules, regulations, and policies with respect to 6
senior independent housing in this state; 7
(3) Provide information, as appropriate, to residents, resident 8
representatives, and others regarding the rights of residents, and to 9
public agencies regarding the problems of individuals residing in 10
senior independent housing; and 11
(4) Provide for training volunteers and promoting the development 12
of citizen organizations to participate in the senior independent 13
housing ombuds program. A trained volunteer senior independent 14
housing ombuds, in accordance with the policies and procedures 15
established by the state senior independent housing ombuds program, 16
shall inform residents, their representatives, and others about the 17
rights of residents, and may identify, investigate, and resolve 18
complaints made by or on behalf of residents relating to action, 19
inaction, or decisions, that may adversely affect the health, safety, 20
welfare, and rights of these individuals. 21
NEW SECTION. Sec. 9. The office of the state senior independent 22
housing ombuds shall develop referral procedures for all senior 23
independent housing ombuds programs to refer any complaint to any 24
appropriate federal, state, or local government agency.25
NEW SECTION. Sec. 10. (1) The office of the state senior 26
independent housing ombuds shall develop procedures governing the 27
right of entry of all senior independent housing ombuds to buildings 28
containing any senior independent housing units and shall have access 29
to residents with provisions made for privacy for the purpose of 30
hearing, investigating, and resolving complaints of, and rendering 31
advice to, residents at any time deemed necessary and reasonable by 32
the office of the state senior independent housing ombuds to 33
effectively carry out the provisions of this chapter.34
(2) Nothing in this chapter restricts, limits, or increases any 35
existing right of any organizations or individuals not described in 36
subsection (1) of this section to enter or provide assistance to 37
senior independent housing residents. 38
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(3) Nothing in this chapter restricts any right or privilege of 1
any senior independent housing resident to receive visitors of the 2
resident's choice. 3
NEW SECTION. Sec. 11. (1) A senior independent housing ombuds 4
is not liable for good faith performance of responsibilities under 5
this chapter.6
(2) A discriminatory, disciplinary, or retaliatory action may not 7
be taken against any senior independent housing employee, resident, 8
or volunteer, for any communication made, or information given or 9
disclosed, to aid a senior independent housing ombuds in carrying out 10
its duties and responsibilities, unless the same was done maliciously 11
or without good faith. This subsection is not intended to infringe on 12
the rights of the employer to supervise, discipline, or terminate an 13
employee for other reasons. 14
(3) All communications by a senior independent housing ombuds, if 15
reasonably related to the requirements of that individual's 16
responsibilities under this chapter and done in good faith, are 17
privileged, and that privilege shall serve as a defense to any action 18
in libel or slander. 19
(4) A representative of the state office of the senior 20
independent housing ombuds is exempt from being required to testify 21
in court as to any confidential matters except as the court may deem 22
necessary to enforce this chapter. 23
NEW SECTION. Sec. 12. All records and files of a senior 24
independent housing ombuds relating to any complaint or investigation 25
made pursuant to carrying out the senior independent housing ombuds' 26
duties and the identities of complainants, witnesses, or residents 27
shall remain confidential unless disclosure is authorized by the 28
resident or the resident's guardian or legal representative. 29
Disclosure may not be made outside the office of the state senior 30
independent housing ombuds without the consent of any named 31
witnesses, resident, or complainant unless the disclosure is made 32
without the identity of any of the individuals being disclosed.33
NEW SECTION. Sec. 13. The department may adopt any rules 34
necessary to implement this chapter.35
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NEW SECTION. Sec. 14. A new section is added to chapter 59.18 1
RCW to read as follows: 2
The legislature finds that the practices covered by this chapter 3
with respect to tenants of senior independent housing as defined in 4
section 2 of this act are matters vitally affecting the public 5
interest for the purpose of applying the consumer protection act, 6
chapter 19.86 RCW. A violation of this chapter with respect to a 7
senior independent housing tenant by a senior independent housing 8
landlord is not reasonable in relation to the development and 9
preservation of business and is an unfair or deceptive act in trade 10
or commerce and an unfair method of competition for the purpose of 11
applying the consumer protection act, chapter 19.86 RCW.12
NEW SECTION. Sec. 15. Sections 1 through 13 of this act 13
constitute a new chapter in Title 59 RCW.14
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