On March 29, 2016, Washington Governor Jay Inslee signed into law ESB 6413, marking a tremendous victory for tenants in Washington state regarding eviction reporting and tenant screening laws. The new law goes into effect June 9, 2016.
Until now, tenants who are named in a lawsuit for an unlawful detainer (the legal term for an eviction action) by their landlord, if filed in court, had no recourse to prevent the eviction filing from showing up on future tenant screening reports — even if the tenant was never actually evicted, the tenant prevailed in court, or the case was dismissed or settled! To make matters worse, this eviction filing left a permanent mark on a tenant’s record, with absolutely no means to remove it, no matter the circumstances.
The new law creates a procedure for an “order for limited dissemination,” which will enable tenants to have their case records excluded from future tenant screening reports. A tenant may request this order from a judge on the grounds that there was insufficient basis for the lawsuit in the first place or that their tenancy was “reinstated” after paying off eviction judgement, or on a showing of “other good cause.” Tenants who have existing eviction records can also request orders for limited dissemination!
A step forward in fair tenant screening advocacy efforts
Tenant advocates have been fighting for years for greater protections around the ubiquitous and expensive tenant screening process. Currently, many tenants are forced to pay for multiple screening reports within a very short timeframe as they navigate the extremely competitive rental market and often need to apply at multiple housing sites before approval.
Under the recently passed new law, landlords are now required to inform prospective tenants whether the landlord will accept a “comprehensive reusable tenant screening report.” Tenants can purchase these portable reports from a tenant screening company to secure the tenant’s screening information for a period of 30 days. The tenant can then apply for housing an unlimited number of times using that report within those 30 days for no additional charge.
While the new law does not prohibit landlords from refusing to accept these portable screening reports, the law does require that a landlord disclose whether they accept the portable screening report as part of their required pre-selection disclosures. Additionally, if the landlord does accept the portable screening report, the landlord may not charge the tenant for a separate screening report. In other words, if the landlord wants to run another screening report, the landlord must pay for it.
While this is a very small step forward, hopefully it is a move toward eventually passing a law that prohibits landlords from charging screening fees when prospective tenants present these portable screening reports. Tenants may want to put the pressure on landlords by declining to apply for housing that does not accept portable screening reports!
Widespread support for bill
This bill saw remarkable support from landlords as well as tenant advocates. In exchange for these added tenant protections, the landlords involved in the legislative process requested that the length of time allotted to landlords to return security deposits after tenants vacate be increased from 14 to 21 days. This request was based on the premise that 14 days is not enough time for landlords to be able to present tenants with actual invoices for damages incurred versus simple estimates.
Although the new law now gives landlords 21 days to return the full deposit, the rest of Washington state’s deposit law remains the same. Importantly, if the landlord is going to retain any portion of the deposit, the landlord must send a “full statement of the basis for retaining any of the [security] deposit.”
If you are a tenant with an eviction record and think you might qualify for an order for limited dissemination of your eviction filing, please follow up with legal resources directly! If you need assistance locating legal resources in your area or have any questions regarding the new law, call our Tenant Services Workshop & Legislative Advocacy Line at 206.694.6748.
Many thanks to Tenant Counselor Chea Berra for her collaboration on this piece.
Shas E. Carr says
I am in the very beginning process of trying to repay a landlord to try and have the eviction taken off my record or to at least show as paid or as in the process of being paid. I am in need of assistance in how I should go about submitting payments. Any help or advice you could give would help me as I move forward in starting over.
Liz Reed Hawk says
Hi Shas, feel free to call our Tenant Services Message Hotline with your specific questions at 206.694.6767, Mondays, Wednesdays & Thursdays between 10:30am and 1:30pm. You also might be able to find useful information on our For Tenants: Eviction webpage at http://www.solid-ground.org/get-help/housing/for-tenants/eviction.
alan says
,I need help
Liz Reed Hawk says
Hi Alan, feel free to call our Tenant Services Message Hotline with your specific questions at 206.694.6767, Mondays & Thursdays, 10:30am – 1:30pm and Wednesdays 10:30am – 1:30pm. You also might be able to find useful information on our For Tenants webpage: http://www.solid-ground.org/get-help/housing/for-tenants.
Bob says
Anyone there know how to fill out forms for an Order of limited dissemination or where I can find step-by-step instructions. The courthouse clerk thru me a curve ball saying I had to fill out some “ex parte’ thing , set my own date for notice of hearing etc. Basically no help at all…
Liz Reed Hawk says
Hi Bob, we have passed your question on to our Tenant Counselors and hope to get back to you soon.
Lynn says
Same question as Bob. What forms does one fill out to request an Order of Limited Dissemination? I have tried researching what forms are needed and also looked on both the State of Washington’s website and my county website.
Liz Reed Hawk says
Hi Lynn, please call our Tenant Services message-only line 206.694.6767 with your question, and a Tenant Counselor will get back to you. (Current message line open hours are: M & Th, 10:30am – 1:30pm.) Thanks!
Madison says
If I signed and agreed to a lease (prior to June 8th, 2016) that states 14 days to return a security deposit , and the lease was never updated to reflect the new law for length of time allotted to landlords to return security deposits after tenants vacate be increased from 14 to 21 days, am I entitled to a full deposit refund if the landlord didn’t send it under the 14 days notice like we agreed and as stated in the lease?
Liz Reed Hawk says
Hi Madison, please call our Tenant Services message-only line 206.694.6767 with your question, and a Tenant Counselor will get back to you. (Current message line open hours are: M & Th, 10:30am – 1:30pm.) Thanks!
Stephanie says
I was evicted in 10/2016 due to not being able to pay rent after losing my job due to disability. I was not able to find a place before the sheriff came to remove me from the property due to having no income. I applied for disability and have been awaiting a response (still waiting as of 6/27/18) since then. The landlord was gonna have the whole thing dropped if I could have moved out before the sheriff came, but I was unable to do so. No family would help with anything. The landlord sold the property the day after I was removed from the unit. I have essentially been homeless since 10/2016; I was approved for hen through Share & Care in May 2018, but because of the eviction, I cannot get anyone to approve me, despite them being guaranteed rent. So I now have a way to pay rent monthly (including deposit & application fee, since no landlords in the Tacoma area accept the comprehensive tenant screening reports, thus every application run is a ding on my credit), but have an open judgement of over $5700, no way to contact the landlord, thus no way to even serve an order of limited dissemination if I could get one started. I suffer from depression, anxiety, PTSD, chronic pain, chronic fatigue (and insomnia), & other issues, and I have 2 ESAs (dog & cat) in the car with me. I am under constant stress, and it is affecting my health & the health & comfort of my dog )especially bc of the hot weather & small space). Associated Ministries told me they cannot help me because I was approved for hen and that I need to get help from Share & Care, but Share & Care says they cannot do anything more to help me beyond approval & payments. They do not help you find an apartment beyond providing a list of known landlords that accept hen. So I am currently stuck and do not know what to do or how to proceed. I have limited minutes on my phone bc it is a free tracfone, with no way to buy more minutes, so I cannot sit on hold & wait to be heard on the phone, so any guidance would be much appreciated.
Autumn says
It’s sad that every other comment on here has a reply to it from a Solid Ground representative except for the one that clearly could use it the most. My advice to you would be to go see your caseworker at the HEN office located in your DSHS office. Or, if you don’t have a case worker there yet, still go into the office and explain these things to them. They have a lot of resources for situations just like what you described and can help you find housing
Liz Reed Hawk says
Thanks for sharing resources, Autumn. Because of the complexity of Stephanie’s situation, we forwarded her message to our Tenant Counselors and our Benefits Legal Assistance Attorneys. Stephanie, if you did not hear back from a Solid Ground representative, please check out these resources (https://www.solid-ground.org/get-help/more-services/#legalhelp) and feel free to contact our Benefits Legal Assistance program. You may also call our Tenant Services message-only line 206.694.6767, and a Tenant Counselor will get back to you. (Current message line open hours are: M & Th, 10:30am – 1:30pm.) Thanks!
Annie Layer says
I was evicted twice in the state of Florida due to domestic violence. I now live in Washington, and although I have a great job and make good money, I cannot rent anywhere because of this history (one was three years ago and one was five years ago). Are there any options that would allow me to get this type of order from another state?
Liz Reed Hawk says
Hi Annie, feel free to call our Tenant Services message-only line 206.694.6767, and a Tenant Counselor will get back to you. (Current message line open hours are: M & Th, 10:30am – 1:30pm.) Thanks!
Jason K says
Back in January 23 2015 i got evicted for my residence i owned my my trailer i was just payong the lot rent well we had them wind storms come in an hit and took out all trees in my yard and all fell down and cause an unsafe environment for my daughter and anyone to go out in the yard and play due to trees in yard and a big crater in my yard also so i asked my landloard to clean up the mess to make it safe for my child i didnt pay rent i know bad but i did put the rent in a savings account until the mess was cleaned up and than bam i get hit with the eviction and now its hard for me to get into a place cause of this on my record i need help please
Liz Reed Hawk says
Solid Ground’s Tenant Counselors provide advice on Washington state landlord/tenant law. If you live in Washington, please call our Tenant Services message-only line, 206.694.6767, with your questions, and they will respond as soon as possible. (Current message line open hours are: M & Th, 10:30am – 1:30pm, PST.)