Tenant victims gain more protections under Kessler bill

March 5, 2009

OLYMPIA – By a unanimous vote, the state House of Representatives passed legislation yesterday that will protect tenants who are victims of sexual harassment, assault and stalking by their landlords.

“If this bill saves one person from living in fear, I think it is worth it,” said Rep. Lynn Kessler (D – Hoquiam), the bill’s prime sponsor, in a speech from the House floor.

Tenants who find themselves in these situations would have the right to change the locks on their unit’s door, preventing unannounced entering by the landlord. A key would be given to a third party, and the landlord would not be able to enter without a law enforcement officer present.

The right to break a lease without forfeiting rent already paid is another protection the bill affords. Under current law, sexual assault victims can terminate a lease early but are not able to receive a pro rata refund.

The measure also extends the same protections to members of the tenant’s household.

“Imagine that your teenage daughter is the one being sexually harassed by your landlord. You’d want to do everything to protect her,” Kessler said.

The Northwest Women’s Law Center made Kessler’s bill one of their priorities for the 2009 legislative session.

“People should be able to feel safe in their own homes, yet women across the state have reported being sexually assaulted, harassed, or stalked by their landlords,” said David Ward, staff attorney for the Northwest Women’s Law Center in Seattle. “We support this bill because it will fill gaps in existing law and will strengthen tenants’ remedies when they are caught in these terrifying situations.”

Kessler worked together with both tenant and landlord organizations on the bill’s specifics. Initial concerns by landlord groups were eventually allayed.

“The landlords have worked very hard with me on this bill, and I was pleased they supported it,” Kessler said.

The bill, HB 1856, now moves to the state Senate for consideration.