CHAPTER 13 - GANGS AND GANG-RELATED ACTIVITY
During the 1998 session, the Washington State Legislature added several sections to the Washington Landlord-Tenant Act pertaining to gangs and “gang-related activity.” (e.g. RCW 59.18.500 and 510). In short, gang-related activity is a violation of tenant duties (see 59.18.130(9)) and may subject the tenants to eviction. What is particularly interesting is that under the new law if the landlord does not conduct a reasonable investigation and possibly evict a tenant, neighbors and other tenants have the right to petition the court to evict the tenant. Furthermore, the Court awards attorney fees to the “prevailing party.” If the Court finds that there is in fact gang-related activity occurring, and further finds that the landlord did not conduct an investigation, the Court must award reasonable attorney fees to the tenant or to the complaining neighbors no matter who prevails at trial.
A Definition of a Gang and Gang-Related Activity
The term “gang” is defined as “a group that consists of three or more persons, has identifiable leadership or an identifiable name, sign or symbol and on an ongoing basis, regularly conspires and acts in concert mainly for criminal purposes.” Gang-related activity means “any activity that occurs with the gang or advances a gang purpose.” Seec, gang-related activity (or allowing gang-related activity) is prohibited if the activity,
. . . renders people in at least two or more dwelling units or residences insecure in life or the use of property or that injures or endangers the safety or health of people in at least two or more dwelling units or residences.
In determining whether a tenant is engaged in gang-related activity, the court should consider the “totality of the circumstances.” The circumstances include factors such as whether there have been a significant number of complaints to the landlord about the tenant's activities at the property, damages done by the tenant to the property (including the property of other tenants or neighbors), harassment or threats made by the tenant to other tenants or neighbors that have been reported to law enforcement agencies, any police incident reports involving the tenant, and the tenant's criminal history.
B. The Issue of “Legal Standing”
In order to have legal standing to bring a complaint under RCW 59.18.510, the person whose life, safety, health, or use of property is being injured or endangered must reside, work in or own property in the same multifamily apartment complex, or reside, work, etc. within a one-block block radius. Thus, anyone living or working in the same apartment complex may petition the Court. Furthermore, neighbors within a one-block radius can petition the Court to have the tenancy terminated and the tenants evicted.
C. Notice and Demand
The person (or persons) making the complaint must serve the landlord with a ten-day notice and demand that the landlord commence an unlawful detainer action against the tenant. The notice and demand must set forth, in reasonable detail, facts and circumstances that lead the person to believe gang-related activity is occurring. The notice should be personally served on the landlord (or the landlord’s agent). If the landlord cannot be personally served after “after exercising due diligence,” the person may mail the notice and demand to the landlord at the landlord (or the landlord’s agent’s) last known address.
A copy of the notice and demand must also be served upon the tenant engaging in the gang-related activity by delivering a copy personally to the tenant. However, if the person is prevented from personally serving the tenant due to threats or violence, or if personal service is not reasonable under the circumstances, the person may mail a copy of the notice and demand or leave a copy of the notice and demand in a conspicuous location at the tenant's residence.
D. Duty to Investigate
Within ten days from the time the notice and demand is served, the landlord has a duty to take reasonable steps to investigate the tenant's alleged noncompliance with the tenant duties to avoid gang-related activity. The landlord must notify the person who brought the notice and demand that an investigation is occurring. The landlord has ten days from the time he or she notifies the person in which to conduct a reasonable investigation.
If, after reasonable investigation, the landlord finds that the tenant is in breach of his duties, the landlord may proceed directly to an unlawful detainer action or take reasonable steps to ensure the tenant discontinues the prohibited activity and complies with the duties. If, after reasonable investigation, the landlord finds that the tenant is in compliance with the tenant duties, the landlord shall notify the person who served the notice and demand of the landlord's findings. In the event the landlord finds that the tenant has breached his or her duties, the landlord must notify the person who made the complaint of the landlord’s findings. Thus, the landlord can serve a three day termination notice and evict the tenant if the tenant’s activities are serious, or the landlord can serve a ten-day notice to comply or vacate if the activities are not serious enough to warrant termination of the tenancy. Of course, if the landlord does not discover a breach of the tenant’s duties, the landlord cannot evict the tenant.
E. Third Party Eviction
If the landlord does not evict or take action to correct the problem, the person who served the notice and demand may petition the court to terminate the tenancy and the tenant evicted. The complaining person can petition the court if the tenant fails to discontinue the gang related activity and the landlord failed to conduct a reasonable investigation. The person may also petition the court if the landlord notified the person that the tenant was not engaged in the prohibited activity or if the landlord took reasonable steps to make the tenant comply with the tenant duties, but the tenant has failed to comply within a reasonable time.
If the court finds that the tenant was not in compliance with the tenant duties pertaining to gang-related activity, the court must terminate the tenancy and require the tenant to vacate. The Court cannot terminate the tenancy, however, unless the allegations are corroborated by at least one other source besides the person who petitioned the Court.
The “prevailing party” is entitled to a judgment for reasonable attorney fees and costs. Furthermore, the Court may impose sanctions, in addition to attorneys' fees, on a person who has brought an action against the same tenant on more than one occasion, if the court finds the petition was brought with the intent to harass.
The court must order the landlord to pay costs and reasonable attorneys' fees to the person petitioning for termination of the tenancy if the court finds that the landlord failed to comply with the duty to investigate, regardless of which party prevails.