(The Center Square) – Kenmore is facing a lawsuit by the Washington Business Properties Association over the city’s adoption of two tenant protection ordinances in 2022.
The association claims Ordinances 22-0545 and 22-0554 violate state law and the impairment of contracts clause in Article I, Section 23 of the Washington State Constitution. That section states, “No bill of attainder, ex post facto law, or law impairing the obligations of contracts shall ever be passed.”
Ordinance 22-0545 was passed in March 2022. Its tenant protections include: capping late fees, move-in fees and deposits; requiring 120 days or 180 days notice for rent increases – depending on the percentage of the rent increase – whereas the state Legislature determined that an appropriate control on the timing of rent increases is 60 days; prohibiting the requirement for a Social Security number in screening materials; and authorizing alterations of rent due dates if a tenant is on fixed income.
Ordinance 22-0554 was passed in July 2022, adding additional tenant protections to renters in Kenmore. These protections include just cause eviction protections; and other bans, including a prohibition on taking advantage of a lack of a tenant’s understanding of tenancy or rights.
“These two ordinances are in clear violation of state law and the Constitution,” Managing Director of the Washington Business Properties Association William Shadbolt said in a statement. “They are requiring what state law prohibits and forbidding what state law allows. In addition to concerning interference with constitutionally protected contractual rights, these ordinances should be invalidated.”
Rent has increased in Kenmore and King County. As of July 2023, the county’s average monthly rent is $1,847, an 11.6% increase over the beginning of 2020, when the average rent cost $1,655, according to ApartmentList.com. The cost of rent in Kenmore this year ranges from $1,690 to $2,050.
The increase in rent correlates with vacancies for affordable rental housing at low levels. The city stated in a news release that the two ordinances were passed in an effort to combat the region’s affordable housing crisis.
“With unprecedented rent increases in the last few years, I am disappointed that some landlords have brought a legal action against the city for our adopted tenant protections – especially from landlords who have seen great success and healthy profits here in Kenmore,” Kenmore Mayor Nigel Herbig said. “The city of Kenmore will continue enacting legislation that helps assist all its residents to thrive and protect those that need it most.”
A court date has been set for Aug. 12, 2024.
