City of Bellingham Law Summary
The City of Bellingham began developing rental regulations in 2015 with the introduction of a registration and inspection program. In 2018, another ordinance added some tenant protections including a prohibition of source of income discrimination, extended rent increase notice and termination notice. In 2023, a voter initiative created additional resident rights in the City of Bellingham. The resulting city codes apply to all tenancies governed by RCW 59.18 (Residential Rentals) and include the following chapters:
Source of Income Discrimination (BMC 6.11) City of Bellingham code on Source of Income Discrimination in housing mirrors the state law under RCW 59.18.255, both effective in 2018. See article Work with Rental Assistance Programs for details. The city code varies slightly as follows:
• The City of Bellingham can fine a housing provider from $500 to $1000 for failing to comply with this code based on the number of offenses.
Notice of Rent Increase (BMC 6.12)
• At least 120 days notice is required for rent increases of any amount. (This was changed by voter initiative 2023-02 from the previous 60 days notice for increases of 10% or more.)
• Exception: Does not apply where the owner shares the dwelling unit with the tenant.
• A landlord and tenant may ONLY agree, in writing, to waive specific requirements of this chapter if all of the following conditions have been met:
o The agreement to waive specific provisions is in writing and identifies the specific provisions to be waived; and
o The agreement does not appear in a standard form written lease or rental agreement; and
o There is no substantial inequality in the bargaining position of the two parties; and
o The attorney for the tenant has approved the agreement
Notice of No Cause Termination (BMC 6.13) In 2018, Bellingham adopted a 60-day "no cause" termination notice which at the time superseded the WA State 20 day "no cause" termination notice. The WA State "just cause termination" (see Support Center article Good Cause to End Tenancy (Statewide Guide) for details) now supersedes this 60-day no cause notice.
Economic Displacement Assistance Mandate in Landlord-Tenant Relations (BMC 6.14) While any rent increase requires 120 days’ notice, if the total rent increase is 8% or more over a 12 month rolling period, there are a number of additional notice requirements, and the tenant will be eligible for relocation assistance if they move due to the increase.
Additional Notice Requirements (≥8%)
• The notice shall be delivered in the manner required by RCW 59.12.040
• The notice shall include the fol lowing:
1. the amount of the increase;
2. the total amount of the new rent or associated housing costs;
3. the date when the increase be comes effective;
4. a rationale for the rent increase;
5. the total amount of relocation assistance available under the Bellingham Municipal Code to tenants of the unit upon dis placement; and 6. the rights of under the Belling ham Municipal Code (a) to re quest economic displacement relocation assistance within 45 days of receipt of the increase notice; (b) that if the tenant receives relocation assistance as provided under the Bellingham Municipal Code, the tenant shall have a relocation period of 5 months from the date of receipt of the assistance; and (c) that at the conclusion of the 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 and to repay the re location assistance.
Relocation Assistance (≥8%) If an increase is 8% or more, the tenant may provide a request for relocation assistance to the landlord within 45 days of receiving a notice of rent increase greater than . Within 31 calendar days of receiving the tenant’s notice, the landlord shall pay: Either a sum equaling three times the current fair market rent for Bellingham, WA as defined by HUD the Housing and Urban Development Office of Policy Development and Research for an apartment of the same size; or three times the tenant’s existing monthly rent, whichever is larger.
The landlord shall notify the city of all requests for relocation assistance within 30 days of each request and of all payments of relocation assistance within 30 days of each payment. The economic displacement relocation payment requirement does not apply to: (a) A landlord and tenant living on the same site if the site has four or few er dwelling units; (b) Tenants who have lived in the dwelling unit for less than six months; or (c) Transitional housing.
Rental Registration and Safety Inspection Program (BMC 6.15) Rental registration requirements were implemented in Bellingham in 2015.
Another ordinance in 2024 made inspection required before renting in stead of the previous "declaration of compliance." All rental properties in the City of Bellingham must now:
• Be registered.
• Get a safety inspection before renting.
• Have their rental license renewed every year.
• Be inspected approximately every 3-3.5 years (during the assigned quarter). See https://cob.org/services/permits/ rentals for full details and current fees.
Formal legal advice and review is recommended prior to selection and use of this information. RHAWA does not represent your selection or execution of this information as appropriate for your specific circumstance. The material contained and represented herein, although obtained from reliable sources, is not considered legal advice or to be used as a substitution for legal counsel.