Title
Approval of an Ordinance Amending OMC 5.82.050(D) Related to Tenant Protection Measures and Pet Damage Deposits
Recommended Action
Committee Recommendation:
Not referred to a committee.
City Manager Recommendation:
Move to approve an Ordinance Amending OMC 5.82.050(D) related to tenant protection measures and pet damage deposits.
Report
Issue:
Whether approve an Ordinance Amending OMC 5.82.050(D) related to tenant protection measures and pet damage deposits.
Staff Contact:
Christa Lenssen, Senior Housing Program Specialist, City Manager’s Office
Presenter(s):
Christa Lenssen, Senior Housing Program Specialist, City Manager’s Office, 360.570.3762
Background and Analysis:
Background and analysis did not change from first to second reading.
On August 16, 2022, via Ordinance No. 7332, the City Council of the City of Olympia enacted tenant protection measures, including provisions related to pet damage deposits. One provision of those newly enacted tenant protection measures, OMC 5.82.050(D), requires that a landlord, within 21 days of the end of the tenancy, return to the tenant any portion of a pet damage deposit not applied to the costs of remediating damage caused by a pet for which the tenant is responsible, or to provide to the tenant an itemized list of damages, if a portion or the entirety of the deposit is retained for damage caused by a pet for which the tenant is responsible.
When this provision was enacted, the 21-day timeframe for the landlord to return a pet deposit, or provide an itemized list of damages, was consistent with the timeframe provided in state law, specifically RCW 59.18.280(1)(a), for return of a damage deposit, or provision of an itemized damage list, to a tenant. However, in the 2023 Legislative session, RCW 59.18.280(1)(a) was amended to change this timeframe from 21 days to 30 days. For the convenience of landlords and tenants, and ease of administration, the City wishes for the timeframe in OMC 5.82.050(D) to be consistent with the timeframe in RCW 59.18.280(1)(a), and so it is necessary to now change the 21-day timeframe in OMC 5.82.050(D) to 30 days to match that in RCW 59.18.230(1)(a).
Climate Analysis:
The proposed action is expected to have no impact on greenhouse gas emissions.
Equity Analysis:
BIPOC households are more likely to be renters than white households in Thurston County. Approximately 42% of BIPOC households rent, compared to 31% of white households. Renters may benefit from consistency in language. If renters only receive the pet deposit portion of their security deposit and receive the remainder of their security deposit at a later date, they may assume the landlord has withheld their security deposit. Renters may also be burdened by receiving their pet deposit nine days later than currently required in the OMC.
There is limited data on landlord demographics. City of Olympia surveys include demographic data, but not all respondents provide demographic information and there is a limited sample size. Approximately 71% of landlords who completed the landlord survey (part of the Olympia rental housing code update in 2022) identified as white, which is similar to the general population of Olympia overall. Landlords benefit from returning a pet deposit and security deposit at the same time to reduce confusion and reduce administrative costs.
Neighborhood/Community Interests (if known):
Local property managers have suggested that alignment between local and state law makes it easier to comply with timeframes for returning security deposits and pet deposits.
Financial Impact:
No financial impact is anticipated. Ongoing staff time may be required to monitor alignment between OMC and State law, update informational materials, or provide education to the public.
Options:
1. Move to approve an Ordinance Amending OMC 5.82.050(D) related to Tenant Protection Measures and Pet Damage Deposits.
2. Direct staff to modify Ordinance.
3. Take other action.
Attachments:
Ordinance