Tacoma Tenant Protections

Tacoma City Council Passed Ordinance 28894

On Tuesday, July 11, 2020, the Tacoma City Council passed Ordinance 28894, which made some major changes to the Tacoma Rental Housing Code, specifically adding certain tenant protections to the code.

The ordinance will go into effect on Monday, July 24 2023 and you will need to comply with these changes starting then.

As always, this is not legal advice, just an overview of changes so you can be aware of compliance issues. Please check with your leadership, owners and legal counsel before making any changes to your processes.

Distribution of Information (under 1.95.030)

• Must distribute additional information on tenancy

• • right to pay installments for:

• • • security deposits
    • non-refundable move-in fees
    • last month’s rent

Rental Due Date (under 1.95.037)

• Must allow tenant to request a rent due date change

• • Must be based on source of income delivery date

Tenant Screening (under 1.95.035)

• Cannot use social security number for screening
• Proof of income

• • Portable screening report or alternative proofs of income

• Limited criminal screening

• • No blanket felony prohibition
  • Can deny for:

• • • Sex offenses
    • Violent offense against landlord, employee or tenant
    • Arson
    • Manufacturing or distribution of controlled substance

• • Cannot deny for:

• • • An arrest that did not result in a conviction
    • Participation or completion of diversion or deferral program
    • Conviction that has been dismissed, expunged, voided or invalidated
    • Conviction for crime no longer illegal in Washington
    • Misdemeanor older than 3 years
    • Felony conviction older than 7 years (other than those listed above)

• Financial Responsibility (Income Qualification)

• • Cannot require:

• • • More than 3x monthly rent for units below market value (HUD)
    • More than 2.5x monthly rent for units below market value (HUD)

Dog Breeds (under 1.95.037)

• May not ban dog breeds, generally

• • Unless required by insurance carrier

Pet Deposit (under 1.95.040)

• May not charge more than 25% of monthly rent as pet deposit

• • Deposit may only be used to pay for pet damage

Rent Increase Notification (under 1.95.060)

• Must provide 120 day notification

• • For all increases

UPDATES: The landlord must use a rent increase form established by the City of Tacoma. Rent increases require two notices, one between 180 and 210 days before the rent increase takes effect, and the second notice 90 to 120 days before the rent increase takes effect. All rent increase notices must be served in the same strict legal manner as predicate notices (pay rent or vacate, etc.). For rent increases of 5% or more, the landlord must pay relocation assistance.

This new law takes effect on December 8th, 2023.

Late Fees (under 1.95.065)

• Late fee limited to 1.5% of monthly rent

• • Capped at $75

UPDATES: Late fees are now capped at $10/month. This new law will take effect on December 8th, 2023.