Law targets squalid apartments

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Law targets squalid apartments

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BY ADAM WILSON

THE OLYMPIAN

Two years after an Olympia apartment complex was closed because the

landlord wouldn't fix toxic mold, overflowing sewage and other

problems, a bill inspired by the situation was signed into law.

Owners of apartments that have been closed for safety violations

now will have to pay to relocate tenants, an idea conceived in 2003

while the city of Olympia battled a landlord over the Forest Glen

apartments.

" Hopefully this will provide incentive to landlords to maintain

their buildings, " said Pat Tassoni of the Thurston County Tenants

Union.

Tassoni was there when Forest Glen residents were forced to leave

their homes after being evicted in 2003, and he was present Tuesday

when the bill was signed by Gov. Gregoire.

But no one from Forest Glen was present.

The 116 apartments near Point Road were purchased by a new

owner and refurbished.

" Economically marginal families lost housing they could afford.

That's the consequence of this beat-up-the-landlord approach, " said

Tim Seth, a South Sound landlord and president of the Olympic Rental

Association.

The bill will make it harder for low-income people to find a place

to live because it will result in more developers buying affordable

apartments, remodeling them and raising the rent, he said.

" Understandably, it was a knee-jerk reaction to this whole Forest

Glen situation, but it didn't include an opportunity for everybody

to sit down at the table and come up with a rational solution, " Seth

said.

A better solution would allow landlords to avoid heavy payments and

keep their buildings open while repairs are made, he said.

But situations such as Forest Glen make the bill hard to argue

against, he added.

" It's a pretty dramatic step, " said Rep. Sam Hunt, D-Olympia, who

backed the measure.

" You have to be living in squalor like they were in that case. Black

bathtubs and black ceilings and that sort of thing. Think about how

bad a place has to be before the city comes in and shuts it down. "

The city spent about $25,000 to relocate the tenants, and community

donations brought in an additional $16,000, said Green, an

Olympia councilman who testified before the Legislature in support

of the bill.

" With this law, if any other city in the state faces another

situation like Forest Glen, those cities will be able to help

tenants, and it won't cost taxpayers a ton of money, " Green

said. " The slumlord will have to pay. "

Under the law, city inspectors will determine whether the damage

forcing the closure of a rental complex is because of landlord

neglect or tenant use.

If the landlord is at fault, the amount due is equal to $2,000 per

unit or three months rent per unit, whichever is greater. Landlords

must also repay any tenant deposits or prepaid rent.

Cities can decide to pay to relocate tenants and collect a lump sump

from the landlord.

" I think we'll see some cases of that over the next year, " said

Tassoni of the tenants union.

Cases like Forest Glen are rare, but a similar situation occurred

recently in Burien, and more are likely as apartment buildings

across the state age and fall into disrepair, Tassoni said.

" Certainly a number of buildings in Olympia fit that category, and

could face this in the future, " he said.

The bill was originally proposed by former Rep. Romero of

Olympia. It died abruptly in 2003.

In 2004, the idea passed the Democrat-controlled House but never got

a hearing in the Republican Senate. This year, with Democrats

controlling both sides, Senate Bill 5577 passed unanimously in the

Senate and 84-12 in the House. It was sponsored by Sen. Darlene

Fairley, D-Lake Forest Park.

Olympian reporter Tam contributed to this report. Adam

covers state workers and politics for The Olympian. He can be

reached at 360-753-1688 or adawilson@ olympia.gannett.com.

For tenants

If landlords do not respond to written requests for repairs, tenants

can pay for the repairs themselves and deduct them from their rent

under certain conditions.

For detailed information, contact the Tenants Union of Washington

State by phone at 206-723-0500 or got to www.tenantsunion. org.

A landlord is not responsible for the cost of correcting problems

that were caused by the tenant. The Washington State Attorney

General's Office explains rental law on its Web site,

www.atg.wa.gov/consumer/lt.