At the September 16, 2024 City Council meeting, the City Council passed a motion to approve the Settlement & Release Agreement between the City of Kenmore and Washington Business Properties Association and authorized the City Manager to sign the agreement.  Also, on September 16, 2024 the City Council approved a motion to adopt Ordinance 24-0604 Amending Chapter 8.55 KMC, Tenant Protections that repeals KMC 8.55.075 (just cause provisions), and KMC 8.55.078 (prohibiting misleading conduct). 

Per the terms of the Settlement & Release Agreement, the Washington Business Properties Association shall within five (5) days of the adoption of the ordinance, dismiss the Lawsuit with prejudice and without attorneys’ fees or costs to any party.  The tenant protections adopted under Ordinances 19-0484 and 22-0545 would still apply and be effective as tenant protection regulations.

Link to the September 16, 2024 Agenda Item.

Last week, a lawsuit was filed against the City of Kenmore for its adoption of tenant protections. While City officials will not comment on the specific claims raised in the lawsuit, Mayor Herbig provided the following statement:

“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. The City of Kenmore will continue enacting legislation that helps assist all its residents to thrive and protect those that need it most.”

The Kenmore City Council adopted tenant protections to improve rental housing stability and reduce the risk of potential homelessness from evictions. The adopted tenant protections align with the City Council’s priority to increase and preserve options for affordable housing stock.

Over the past several years, rents in Kenmore and King County have increased, and vacancies for affordable rental housing are at low levels, making it difficult for tenants, especially those with low incomes, to locate affordable rental housing. In an effort to combat the regional affordable housing crisis, last March, the Kenmore City Council adopted renter protections and are considering adopting additional protections.

On Monday, March 28th, 2022 the Kenmore City Council approved Ordinance 22-0545 putting in place a variety of tenant protections. The ordinance went into effect April 7, 2022.

Protections in Ordinance 22-0545 include:

• Increasing notice for rent increases
• Capping late fees,
• Capping move-in fees and deposits,
• Authorizing tenant payment plans,
• Prohibiting the requirement for a Social Security number in screening materials, and
• Authorizing alteration of rent due date due to tenant’s fixed income.

Additional tenant protection measures were discussed by the City Council at the June 13, 2022 Council meeting. Council gave direction to bring back an ordinance for consideration and adoption at a future Council meeting. At the June 13 Council meeting, Council also considered whether to exempt renter protection regulations for landlords renting four or fewer rental units. After much discussion, the Council decided not to pursue an exemption.

On July 25, 2022 Council adopted Ordinance 22-0554 putting in place additional renter protections. The ordinance went into effect August 28, 2022.

Protections in Ordinance 22-0554 include:

• Just cause eviction protection: Just cause eviction protections comparable to State law and removal of just cause exemptions:
• Ban on abusive, deceptive, and unfair practices in rental housing: For example, taking advantage of a lack of a tenant’s understanding of tenancy or rights. Regulations comparable to those adopted for unincorporated King County last year.

Consideration of renter protections aligns with City Council Priorities: Priority #1 “Increase and preserve options for affordable housing stock” and also with regional goals identified in the 2019 King County Regional Affordable Housing Task Force Final report to “[p]reserve access to affordable homes for renters by supporting tenant protections to increase housing stability and reduce risk of homelessness.” Over the past several years rents in Kenmore and King County have increased, and vacancies for affordable rental housing are at low levels, making it difficult for tenants, especially those with low incomes, to locate affordable rental housing.