Wash. Rev. Code § 59.18 § 59.18.710
Landlord -- Prohibition on certain rent increases -- Exemptions. (Expires July 1, 2040.)
Operative Text
(1) A landlord may increase rent in an amount greater than allowed under RCW 59.18.700 only as authorized by the exemptions described in this section. Rent increases are not limited by RCW 59.18.700 for any of the following types of tenancies: (a) A tenancy in a dwelling unit for which the first certificate of occupancy was issued 12 or less years before the date of the notice of the rent increase. (b) A tenancy in a dwelling unit owned by a: (i) Public housing authority; (ii) Public development authority; (iii) Nonprofit organization, where maximum rents are regulated by other laws or local, state, or federal affordable housing program requirements; or (iv) Nonprofit entity, as defined in RCW 84.36.560 , where a nonprofit organization, housing authority, or public development authority has the majority decision-making power on behalf of the general partner, and where maximum rents are regulated by other laws or local, state, or federal affordable housing program requirements. (c) A tenancy in a qualified low-income housing development as defined in RCW 82.45.010 , where the property is owned by any of the organizations described in (b)(i) through (iv) of this subsection. (d) A tenancy in a qualified low-income housing development which was allocated federal low-income housing tax credits authorized under 26 U.S.C. Sec. 42 or successor statute, by the Washington state housing finance commission or successor state-authorized tax credit allocating agency, so long as there is an enforceable regulatory agreement with the Washington state housing finance commission under the low-income housing tax credit program. (e) A tenancy in a dwelling unit in which the tenant shares a bathroom or kitchen facility with the owner who maintains a principal residence at the residential real property. (f) A tenancy in a single-family owner-occupied residence, including a residence in which the owner-occupant rents or leases no more than two units or bedrooms including, but not limited to, an attached or detached accessory dwelling unit. (g) A tenancy in a duplex, triplex, or fourplex in which the owner occupied one of the units as the owner's principal place of residence at the beginning of the tenancy, so long as the owner continues the occupancy. (2) Subsection (1)(e) through (g) of this section only apply where the owner is not any of the following: (a) A real estate investment trust, as defined in section 856 of the internal revenue code; (b) A corporation; or (c) A limited liability company in which at least one member is a corporation. (3) This section expires July 1, 2040.
Washington's Wash. Rev. Code § 59.18.010 et seq. § 59.18.710 identifies categories of rental housing that are not subject to the rent-increase cap established under RCW 59.18.700. Exempt categories include newer buildings (first certificate of occupancy issued 12 or fewer years before the rent-increase notice), units owned by public housing authorities, public development authorities, and qualifying nonprofits with regulated rents, low-income housing tax credit properties under enforceable regulatory agreements, and certain owner-occupied arrangements such as shared facilities, single-family homes, and small owner-occupied multi-unit buildings. The owner-occupancy exemptions do not apply when the owner is a real estate investment trust, a corporation, or an LLC with at least one corporate member. This provision is set to expire on July 1, 2040.
Plain English — not legal advice.
Under Wash. Rev. Code § 59.18.010 et seq. § 59.18.710, landlords whose properties fall into one of the listed exempt categories are generally not bound by the RCW 59.18.700 rent-increase limit when raising rents. Operators typically document the basis for any claimed exemption—such as the date of the first certificate of occupancy, the nature of the ownership entity, or the existence of an enforceable regulatory agreement with the Washington State Housing Finance Commission—before issuing a rent-increase notice. Landlords who are corporations, real estate investment trusts, or LLCs with a corporate member should note that the owner-occupancy exemptions in subsections (1)(e) through (g) are explicitly unavailable to those ownership structures.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Wash. Rev. Code § 59.18.010 et seq. § 59.18.710 sets out the specific circumstances under which a landlord may raise rent beyond the cap in RCW 59.18.700, meaning tenants in non-exempt housing generally retain the protection of that cap. Tenants who receive a rent increase that appears to exceed the RCW 59.18.700 limit may want to determine whether their unit genuinely qualifies for one of the exemptions—for example, by checking the building's certificate of occupancy date or the ownership structure of their landlord. Tenants with questions about whether an exemption applies to their situation can reach out to a local tenant-rights organization or Washington's statewide tenant assistance resources for general information.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 7, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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