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Home My WebLink About2023 - City of Bellingham Initiative 2023-02 Rental Relocation Assistance Program for TenantsStatement of Votes Cast by Geography Page: 1 of 1 Whatcom County, Washington, GENERAL 2023, Nov 07, 2023 2023-11-28 All Precincts, All Districts, All Counter Groups, All ScanStations, COB Init 2023-01 Minimum Wage 08:38:27 Above State Minimum Wage, COB Init 2023-02 Rental Relocation Assist Program Tenants, COB Prop 2023-02 Greenways 5 Levy, All Boxes Total Ballots Cast: 33029, Registered Voters: 159.811, Overall Turnout: 20.67% Choice Votes Vote % All Precincts COB Prop 2023-02 Greenways 5 Levy (Vote for 1) 33029 ballots (1 over voted ballots, 1 overvotes, 925 undervotes), 61418 registered voters, turnout 53.78% Yes 21448 66.81 % No 10655 33.19% Total 32193 100.00% Overvotes 1 Undervotes 925 COB Init 2023-01 Minimum Wage Above State Minimum Wage (Vote for 1) 33029 ballots (1 over voted ballots, 1 overvotes, 955 undervotes), 61418 registered voters, turnout 53.78% Yes 18822 58.68% No 13251 41.32% Total 32073 100.00% Overvotes 1 Undervotes 955 COB ]nit 2023-02 Rental Relocation Assist Program Tenants (Vote for 1) 33029 ballots (0 over voted ballots, 0 overvotes, 1104 undervotes), 61418 registered voters, turnout 53.78% Yes 19852 62.18% No 12073 37.82% Total 31925 100.00% Overvotes 0 Undervotes 1104 STATE OF WASHINGTON ) ) ss COUNTY OF WHATCOM ) This is to certify that on November 7, 2023, there was held a special election in the City of Bellingham, Whatcom County, Washington, for the submission of a ballot measure to the voters for their approval or rejection. The results of the election were duly canvassed by the Whatcom County Canvassing Board on November 28, 2023, and the results of said canvass are as reads above. Dated this 61h day of December, 2023, Whatcom County, Washington. Diana Bradrick County Auditor Final Lan ua e Ballot Title City of Bellingham Initiative 2023-02 Rental Relocation Assistance Program for Tenants City of Bellingham Initiative 2023-02 concerns the adoption of a rental relocation assistance program for tenants. This measure would require landlords to provide written notice 120 days before increasing rent by more than 8% in a rolling 12-month period; require landlords to pay relocation assistance equal to three times the current fair market monthly rent for Bellingham or three times the tenant's existing monthly rate, whichever is higher, when increasing rent more than 8%, with limited exceptions; provide tenants receiving assistance a relocation period of 5 months; and authorize private actions and city enforcement. Should this measure be enacted into law? Yes No Explanatory Statement This measure would create an economic displacement assistance mandate. Residential landlords who increase rent by more than 8% in a rolling 12-month period would be required to pay relocation assistance to their tenants equal to three times the current fair market monthly rent for a similarly sized apartment in Bellingham or three times the tenant's existing monthly rent, whichever is larger. The tenant would have 5 months from the date they receive the assistance to relocate. The measure creates a private cause of action, establishes an affirmative defense to eviction, and violations would constitute civil infractions enforced by the City. i District Name: Whatcom County Auditor's Office Ballot Measure Coversheet City of Bellingham District Address: 210 Lottie Street, Bellingham, WA 98225 Contact Person t Jacqueline Lassiter, Legislative Assistant Name & Title 360-778-8200 / jalassiter@cob.org Phone & email James Erb, Deputy City Attorney Name & Title 360-778-8132 / jeerb@cob.org Phone & email Resolution with original signatures or a certified copy Explanatory Statement prepared by your attorney, not to exceed ioo words "For" and "Against" Committee Appointment Forms Completed Ballot Measure Coversheet Complete if anything is missing... I understand that the deadline to submit the missing information is The Auditor's Office will not begin processing this ballot measure until all required documents have been submitted. resenter's Signature Contact Person z Kelley Goetz, Deputy Clerk Name & Title 360-778-8006 / kngoetz@cob.org Phone & email Has your attorney prepared this ballot measure? Q Yes Q No Yes No es No es No es No Received In Person J U L 2 7 2023 Whatcom County Elections Deputy Auditor's Signature This form is available in a fillable form on the Auditor's website: hh tp5,Jlwww.whatcomcounty.us13593JOistrict Resources. �Q4 BEl4,"CS ti�7 u 3 — • ��SNI N yt0 Finance Department City of Bellingham July 27, 2023 To Whom It May Concern, I, Kelley Goetz, Deputy City Clerk, herby certify that the attached copy of Resolution 2023-1@ is a true and correct copy of the original Resolution Agenda Bill 23751, approved by the Bellingham City Council on July 24, 2023. Signature Date Office: (360) 778-8010 1 Fax: (360) 778-8001 1 Email: finance@cob.org I www,cob.org/financ 210 Lottie Street, Bellingham WA 98225 RESOLUTION NO. 2023-18 A RESOLUTION DEFERRING INITIATIVE NO. 2023-02 WHICH CONCERNS THE ADOPTION OF AN ECONOMIC DISPLACEMENT ASSISTANCE MANDATE IN LANDLORD -TENANT RELATIONS TO THE VOTERS WHEREAS, a sufficient number of qualified electors of the City of Bellingham have proposed an initiative bill, previously assigned number 2023-02, which would establish an economic displacement assistance mandate (also referred to as relocation assistance) in landlord -tenant relations; and WHEREAS, initiative bill no. 2023-02 would require landlords to provide written notice 120 days before increasing rent by more than 8% in a rolling 12-month period; require landlords to pay relocation assistance equal to three times the current fair market monthly rent for Bellingham or three times the tenant's existing monthly rate, whichever is higher, when increasing rent more than 8%, with limited exceptions; provide tenants receiving assistance a relocation period of 5 months; and authorize private actions and city enforcement; and WHEREAS, the Charter and the Bellingham Municipal Code provide that City Council may enact the initiative bill, reject the initiative bill, reject the initiative bill and propose another bill dealing with the same subject, defer the initiative bill to the voters, or take no action on the initiative bill; and WHEREAS, the City Council considered Initiative No. 2023-02 during a regularly scheduled meeting on July 10, 2023, and moved to defer the bill to the voters in November; and WHEREAS, RCW 29A.04.330 requires that the City Council pass a resolution requesting that the Whatcom County Auditor, as ex officio supervisorof elections, place Initiative No. 2023-02 on the November 7, 2023, ballot on or before the day of the primary election, i.e., August 1, 2023; and NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BELLINGHAM: The City Council hereby defers Initiative No. 2023-02 which would establish a rental relocation assistance, also referred to as economic displacement relocation assistance, program for tenants to the voters. The Finance Director or designee shall promptly deliver a copy of this resolution to the Whatcom County Auditor requesting that Initiative No. 2023-02 be submitted to the City of Bellingham City Attorney 210 Lottie Street Resolution Deferring Initiative No. 2023-02 to the Voters (1) Bellingham, Washington 98225 360-778-8270 qualified electors of the City for approval or rejection at an election to be held on i November 7, 2023, pursuant to the City Charter and the Bellingham Municipal Code. City staff is authorized to take additional actions that may be required by the County Auditor to ensure that this measure is placed on the ballot in November. PASSED by the Council this 24th day of July, 2023. Council resi APPROVED by me this Lday of J, 2023. ATTEST: Fin Uire or APPROVED AS TO FORM: n.,,1,-kA4 / Office Oe City Attorney Resolution Deferring Initiative No. 2023-02 to the Voters (2) City of Bellingham City Attorney 210 Lottie Street Bellingham, Washington 98225 360-778-8270 - V � �- ISF11 Office of the City Attorney City of Bellingham July 25, 2023 Whatcom County Auditor Diana Bradrick 311 Grand Avenue Suite 103 Bellingham, WA 98225 RE: Explanatory Statement for City of Bellingham Initiative No. 2023-02 Dear Madam Auditor, The City Attorney's Office has drafted the following explanatory statement regarding City of Bellingham Initiative No. 2023-02, to be included in the local voter's pamphlet: This measure would create an economic displacement assistance mandate. Residential landlords who increase rent by more than 8% in a rolling 12-month period would be required to pay relocation assistance to their tenants equal to three times the current fair market monthly rent for a similarly sized apartment in Bellingham or three times the tenant's existing monthly rent, whichever is larger. The tenant would have 5 months from the date they receive the assistance to relocate. The measure creates a private cause of action, establishes an affirmative defense to eviction, and violations would constitute civil infractions enforced by the City. Thank you for your time and attention to this matter. Please let know if you have any questions. Respectfully, James Erb Deputy City Attorney Office: (360) 778-8270 1 Fax: (360) 778-8271 1 www.cob.org/attorney 210 Lottie Street, Bellingham WA 98225 Finance Department City of Bellingham Received In Person March 1, 2023 Whatcom County Auditor Diana Bradrick 311 Grand Avenue Suite 103 Bellingham, WA 98225 RE: Proposed Initiative Petitions for the City of Bellingham Dear Madame Auditor, V1lhatcom County Elections Please find attached for filing copies of three proposed initiative measures that were submitted to the City of Bellingham electronically by Jace Cotton on February 14, 2023. Proposed initiative measure 2023-01 concerns the establishment of a local minimum wage that would be set at $2.00 above the State minimum wage. Measures 2023-02 and 2023-03 concern the establishment of a rental relocation assistance program for tenants whose rent is increased more than 8% in a rolling 12-month period. In accordance with the Bellingham Municipal Code, Chapter 1.02, each measure was assigned a number and delivered to the City Attorney to draft the required ballot title. We respectfully request that your office acknowledge receipt of this filing and, more importantly, provide notice of receipt of the ballot titles to the person proposing the measure, the city, and to any other person who requests a copy of the ballot title. Any person dissatisfied with the wording of the ballot title shall have ten working days from the date of filing to file an appeal in Whatcom County Superior Court under RCW 29A.36.090. Thank you for your time and attention to this matter. Please let know if you have any questions. Respectfully, 1 I' Srew Asbj Finance Director office: (360) 778-8010 1 Fax: (360) 778-8001 I Email: finance@cob.org I w%wcnb.orplftnance 210 Lottie Street, Bellingham WA 98225 BALLOT TITLE FOR CITY OF BELLINGHAM INITIATIVE NO.2023-02 City of Bellingham Initiative No. 2023-02 concerns the adoption of a rental relocation assistance program for tenants. This measure would require landlords to provide written notice 120 days before increasing rent by more than 8% in a rolling 12-month period; require landlords to pay relocation assistance equal to three times the current fair market monthly rent for Bellingham or three times the tenant's existing monthly rate, whichever is higher, when increasing rent more than 8%, with limited exceptions; provide tenants receiving assistance a relocation period of 5 months; and authorize private actions and city enforcement. Should this measure be enacted into law? Yes? ............................... -.— No? AN ORDINANCE OF THE CITY OF BELLINGHAM, WASHINGTON REGARDING THE ADOPTION OF AN ECONOMIC DISPLACEMENT ASSISTANCE MANDATE IN LANDLORD -TENANT RELATIONS. WHEREAS, housing rental prices continue to grow in Bellingham. According to data produced by Zillow rental manager, the price of the median two -bedroom rental in Bellingham increased from $1,625 in December 2021 to $2,000 in December 2022; WHEREAS, wages have not kept pace with housing costs. The Housing FAQ on the City of Bellingham's website identifies a gap between average incomes and housing prices, noting, "From 2000 to 2020, the median family income in Bellingham increased by 20% while the median home value increased by nearly 80%"; WHEREAS, the resulting gap between wages and housing prices has created a large number of cost -burdened households. According to the American Community Survey, 57% of renting households in Bellingham are cost -burdened (spending more than 30% of household income on housing) with 30% being severely cost -burdened (spending morz- than 50% of household income on housing); WHEREAS, low-income households bear the brunt of high housing costs; of those households making 50% or less of the median income in Whatcom County, 81 % are either cost burdened or severely cost burdened; WHEREAS, renters disproportionately bear the burden of low incomes and high housing costs. Almost 55% of rental households are cost -burdened or severely cost -burdened, as compared to 28% of homeowners. A third of Bellingham renters are severely cost -burdened; WHEREAS, the current rental vacancy rate in Bellingham is among the lowest in the nation. Estimates for the vacancy rate in Fall 2020 varied from .2% to just over 2%, both of which are far below the 5-7% vacancy rate that the City of Bellingham defines as healthy; WHEREAS, chronically low vacancy rates make it difficult for renters to find decent, safe, affordable housing; WHEREAS, moving among rentals often requires large sums of money, including first and last month's rent, deposits, moving expenses, and utility deposits for a new residence; WHEREAS, in 2020 the Federal Government Office of Accountability found a $100 increase in median rental price was associated with about a 9 percent increase in the estimated homelessness rate. Forced relocation from large rent increases is not merely expensive, it puts renters under economic stress that increases their risk of becoming homeless; and NOW, THEREFORE, THE CITY OF BELLINGHAM DOES ORDAIN: Section 1. Definitions. Definitions for this Ordinance shall be the same as BMC 6.12.010, in addition to to the following definitions: "City" means the City of Bellingham, Washington. "Increase notice" is a written notice from the landlord declaring the amount by which the landlord is increasing the rent or associated housing costs. "Relocation assistance" means assistance in the form of a monetary payment to a tenant who is relocating after receiving a rent increase notice of 8% or more of the previous 12-month period that would otherwise cause a financial burden unto the tenant to aid in costs of relocation (moving costs, utilities deposits, security deposits, first/last month's rent, and any applicable pet fees). "Relocation period" is the 5 months following the receipt of relocation assistance. "Rent" shall have a meaning pursuant to RCW 59.18.030 (29). "Request for Relocation Assistance" is a written notice from the tenant to the landlord requesting relocation assistance in response to an increase notice. "Transitional housing" means housing units owned, operated, or managed by a nonprofit organization or governmental entity in which supportive services are provided to individuals and families that were formerly homeless, with the intent for them to move to permanent housing. Section 2. Notice of Rental Increase and Right to Economic Displacement Relocation Assistance. A. As allowed by the Ordinance, if a landlord increases a tenant's rent or associated housing costs by 8 percent or more over a rolling 12-month period, the landlord shall deliver an increase notice in a manner consistent with RCW 59.12.040 to each affected tenant: 1. at least 120 days prior to the effective date of the rent increase; or 2. the time period designated in the rental agreement, whichever is longer. B. The increase notice must specify: 1. the amount of the increase; 2. the total amount of the new rent or associated housing costs; 3. the date when the increase becomes effective; 4. a rationale for the rent increase; 5. the total amount of relocation assistance available under this Ordinance to tenants of the unit upon displacement; and 6. the rights of tenants under this ordinance including: a. a statement of the the right of the tenant to request economic displacement relocation assistance within 45 days of receipt of the increase notice; b. a statement that if the tenant receives timely relocation assistance as provided for under this Ordinance, the tenant shall have a relocation period of 5 months from the date of the receipt of the relocation assistance; and c. a statement that at the conclusion of this relocation period, if the tenant remains in the dwelling unit, the tenant shall be obligated to pay the increased rent in accordance with the increase notice for the duration of the tenant's occupancy of the dwelling unit and to repay the relocation assistance. C. If, within 45 calendar days after each tenant receives an increase notice indicating a rent increase of 8 percent or more within a rolling 12-month period, the tenant may provide a request for relocation assistance to the landlord. 1. Within 31 calendar days of receiving the request for relocation assistance, the landlord shall pay to the tenants relocation assistance equivalent to: a. Either a sum equalling three times the current fair market monthly rent for Bellingham, WA as defined by HUD Office of Policy Development and Research for an apartment of the same size; or b. three times the tenant's existing monthly rent, whichever is larger. 2. The requirements of this Subsection apply per dwelling unit, not per individual tenant. Section 3. Return of Relocation Assistance. A. If the tenant receives timely relocation assistance as provided for under this Ordinance, the tenant shall have a relocation period of 5 months from the date of the receipt of the relocation assistance. B. At the conclusion of this relocation period, if the tenant remains in the dwelling unit, the tenant shall be obligated to pay the increased rent in accordance with the increase notice for the duration of the tenant's occupancy of the dwelling unit and to repay the relocation assistance. Section 4. Notice to the City. A landlord shall provide notice to the City of Bellingham of: A. All requests for relocation assistance, within 30 days of receipt of such notices; and B. All payments of relocation assistance within 30 days of making such payments. Section 5. Enforcement. A. In the event of a landlord's failure to comply with any section or subsection of this Ordinance, a tenant shall have a cause of action in any court of competent jurisdiction for such payments and damages listed herein and other remedies as may be appropriate. 1. A landlord that fails to comply with any of the requirements set forth in this Ordinance shall be liable to the tenant for an amount equal to double the amount of relocation assistance specified herein, actual damages, and reasonable attorney fees and costs. 2. In addition to any other legal defense a tenant may have, it is an additional affirmative defense against eviction that the landlord is in violation of this Ordinance. B. Complaints that any provision of this chapter has been violated may also be presented to the City Attorney, who is hereby authorized to investigate and, if they deem appropriate, initiate legal or other action to remedy any violation of this chapter. C. The City has the authority to issue notices of civil infraction and to order injunctive relief including payment of unpaid relocation assistance and other forms of relief. D. In addition to any other remedy provided by this Ordinance or allowed by law, any landlord violating any of the provisions or failing to comply with any of the requirements of this chapter shall have committed a civil infraction and shall be punished by a fine not to exceed the following amounts: 1. First offense — $500.00. 2. Second offense — $750.00. 3. Third offense— $1,000. Section 6. Exceptions. The Economic Displacement Relocation Assistance provisions of this Ordinance do not apply to any of the following: A. A landlord and tenant living on the same site if the site has four or fewer dwelling units; B. Tenants who have lived in the dwelling unit for less than six months; C. Transitional housing. Section 7. Severability The provisions of this section are severable. If any provision of this Ordinance or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application. Section 8. Codification. Sections 1 through 7 of this Act constitute a new chapter in Title 6 of the Bellingham Municipal Code. Section 9. Effective Date. The effective date of this ordinance shall be 60 days after passage.