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Burien, WA Rental Property Rules: Repairs & Habitability (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified October 2026

Key Facts

Standards source
Director's checklist, building code, fire code, RCW 59.18.060
Inspection cycle
Once every three years
Certificate freshness
Physical inspection within 90 days of the certificate
Deemed uninhabitable
After 30 days of noncompliance
Daily penalty
$100.00 for 10 days, then $250.00 per day
Falsified certificate
Gross misdemeanor, fine up to $5,000

Summary

In the City of Burien, Washington, rental habitability is enforced through the Rental Housing Inspection Program in Chapter 5.62 BMC. The Community Development Director publishes a checklist that can draw on the building code, the fire code and RCW 59.18.060, and a rental that never produces a certificate is deemed uninhabitable after 30 days of noncompliance.

(2) The director is authorized to create and publish a checklist to be used for declarations of compliance and inspections submitted or conducted under this chapter, and is authorized to include additional standards including, but not limited to, those within the building code, fire code, or RCW 59.18.060. (3) All certificates of inspection submitted under this chapter must state that all units subject to inspection have been inspected, and that all units inspected comply with the requirements of the checklist. ... (5) The certificate of inspection shall list and show compliance with the minimum standards for each residential housing unit that was inspected using the checklist provided by the city and shall contain such other information as determined by the director to carry out the intent of this chapter. ... After 30 days of noncompliance, the property shall be deemed to be uninhabitable. If there is a valid business license, that license shall be deemed revoked as of the thirty-first day of noncompliance.

Full Breakdown

Burien measures rental habitability through a Director-published checklist rather than a fixed list of standards printed in the chapter. Under BMC 5.62.070(2), the Community Development Director is authorized to create and publish a checklist for declarations of compliance and inspections, and to add standards including those within the building code (Chapter 15.40 BMC), the fire code (Chapter 15.20 BMC) and RCW 59.18.060.

Landlords certify against that checklist. A declaration of compliance must state that each unit complies with the requirements of the chapter and that no conditions in the units endanger or impair the health or safety of a tenant (BMC 5.62.040(2)(d)). A certificate of inspection must state that all units subject to inspection have been inspected and comply with the checklist, must rest on a physical inspection done not more than 90 days before the certificate date, and must list and show compliance with the minimum standards for each inspected unit (BMC 5.62.070(3) to (5)).

Failure carries housing consequences, not just fines. Under BMC 5.62.080 the Director can notify an owner that it is unlawful to rent or let a tenant continue to occupy a unit until a valid certificate or declaration is provided, and the unit is then placarded as an unlawful or unsafe structure or unfit for human occupancy under International Property Maintenance Code Section 111.1, 111.1.3 or 111.1.4. After 30 days of noncompliance the property is deemed uninhabitable, the business license is deemed revoked as of the thirty-first day, and the owner becomes financially responsible for tenant relocation under RCW 59.18.090. BMC 5.62.120 preserves the city's ability to inspect and cite conditions that could amount to an immediate health or safety threat. BMC 8.25.300 also adopts KCC 8.36.010, titled Use of certain dwellings prohibited, by reference.

Violations & Fines

The penalty for a rental operating without a certificate of inspection is $100.00 per day for the first 10 days and $250.00 per day after that (BMC 5.62.070(8)), continuing until each tenant is relocated once the property is uninhabitable. BMC 5.62.110 requires written notice by personal service or certified mail, with time to correct, before penalties or license action. Knowingly submitting a falsified certificate is a gross misdemeanor with a fine of not more than $5,000 (BMC 5.62.140(2)).

Frequently Asked Questions

What habitability standards apply to Burien rentals?
BMC 5.62.070(2) authorizes the Community Development Director to publish a checklist and to include additional standards such as those in the building code (Chapter 15.40 BMC), the fire code (Chapter 15.20 BMC) and RCW 59.18.060. A certificate of inspection must show compliance with the minimum standards for each inspected unit using that checklist.
What does a Burien landlord certify about conditions?
A declaration of compliance under BMC 5.62.040(2)(d) must state that each unit complies with Chapter 5.62 and that no conditions in the units endanger or impair the health or safety of a tenant. It is a statement to the best of the landlord's knowledge after an on-site review of the rental unit (BMC 5.62.030(6)).
What happens after 30 days without a certificate?
BMC 5.62.070(8) deems the property uninhabitable after 30 days of noncompliance and deems any valid business license revoked as of the thirty-first day. The owner becomes financially responsible for assisting each tenant's relocation as provided in RCW 59.18.090 and stays liable for the $250.00 per day penalty until each tenant has been successfully relocated.
Can Burien act on an immediate danger in a rental?
Yes. BMC 5.62.120 says nothing in Chapter 5.62 limits the city's ability to inspect properties and issue citations for property-related conditions that may constitute an immediate health or safety threat. BMC 5.62.130 adds that the city does not warrant the safety, fitness or suitability of any dwelling or any unit inspected.

Sources & Official References

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