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RLTA-MHLTA EVICTION REFORM - Draft Summary

12/11/2020

Tenant Protections

Prohibits landlords from terminating or refusing to renew a rental agreement for "no cause" until 2
years after expiration of any public health emergency unless landlord intends to sell the property
or occupy the property as personal residence and at least 60 days’ notice provided as form signed
under penalty of perjury

Presumes any "no cause" termination notice issued to a tenant for any unpaid rent that accrued
between March 1, 2020, and [Gov eviction moratorium exp. date], is a reprisal or retaliatory action.

Prohibits a landlord from taking any adverse action against a tenant who raises their rights

Prohibits a tenant’s right to possession of dwelling unit used primarily for residential purposes to
be conditioned on satisfaction of any rent that accrued between March 1, 2020, and [Gov eviction
moratorium exp. date].

Prohibits landlords from treating any unpaid rent accrued between March 1, 2020, and [Gov
eviction moratorium exp. date], as an enforceable debt or obligation that is owing or collectable
within an action for possession of the rental property.

Authorizes tenants adversely impacted by COVID-19 to terminate their tenancy upon a 20-day
written notice, which includes a statement that termination of tenancy is due to COVID-19
Prohibits landlords from assessing any penalty, early termination fee, or any other amount
on a tenant who elects to terminate their tenancy for their failure to continue their tenancy
for a predetermined amount of time.

Prohibits forfeiture of any deposit paid by the tenant who terminates their tenancy as

allowed.

Prohibits a tenant’s early termination of a prior lease to be a factor in any housing decision

affecting the tenant’s right or ability to occupy a rental dwelling.

Prohibits a tenant’s nonpayment of any rent that accrued between March 1, 2020, and [Gov

eviction moratorium exp. date], to be a factor in any housing decision effecting a tenant’s right or
ability to occupy a rental dwelling.

Prohibits landlords from charging or imposing late fees or other charges for nonpayment of rent

during any public health emergency.

Prohibits a landlord from denying, discouraging, or otherwise making unavailable any rental

dwelling unit based on a tenant’s or prospective tenant’s medical history, including, but not limited
to, prior or current exposure or infection to the COVID-19 virus.

Prohibits a landlord from inquiring about, considering, or requiring disclosure of a

tenant's or prospective tenant's medical records or history, unless such disclosure is
necessary to evaluate a reasonable accommodation request or reasonable modification
request under RCW 49.60.222.

Declares a violation of this subsection constitutes a violation of chapter 49.60 RCW

Penalizes landlords up to four and one-half times monthly rent with court costs and attorneys’ fees
for violations

Repayment Plans

Requires landlords to first offer tenants before any collection action a repayment plan consisting of
monthly installments dependent upon the months of back rent owed and accrued between March
1, 2020, and [Gov eviction moratorium exp. date]

Requires repayment plan payments to begin no sooner than 60 days after the plan is

offered.

Ensures that any repayment plan entered into by the parties covers only “rent” as

defined in RLTA (no legal fees, late fees, etc.)

Requires any repayment plan to allow for payment from any source of income (benefits

or subsidy programs) or via pledges by non-profits, churches, religious institutions, or
governmental entities

Prohibits repayment plans to include provisions or be conditioned on compliance with

the rental agreement, payment of attorneys’ fees, court costs, or other costs related to
litigation if the tenant defaults on the agreement, or a requirement that the tenant apply
for governmental benefits or provide proof of receipt of governmental benefits

Prohibits repayment plans to authorize any form of expedited eviction process

Authorizes landlords to pursue an unlawful detainer action if tenant refuses offer of repayment
plan or defaults on repayment plan

Provides a defense to an eviction if landlord did not offer a repayment plan but not if

landlord can prove that tenant was offered and refused or failed to comply with
repayment plan

Mediation Session

Replaces the show cause hearing within any RLTA unlawful detainer (UD) action with a required
mediation session between the parties before any trial is scheduled.

Requires the landlord to schedule the mediation session with the court and provide at

least 7 days' notice to the tenant.

Splits costs of mediation between the parties unless one party does not participate in

good faith.

Requires mediator to certify and send results of mediation to court within X days of

conclusion of mediation session.

Requires the court to order and set a trial date without rent or bond required if parties fail

to reach resolution during mediation.

Authorizes tenant to submit defenses at trial unless court has issued at the mediation

session a schedule for asserting any subsequent pleadings.

Authorizes court to issue a writ of restitution if tenant fails to appear but without any

monetary judgment award.

Prohibits issuance of a writ of restitution before a trial on the pleadings otherwise.
Authorizes parties to seek discovery respectively before the hearing.
Prohibits application of provisions requiring the judge to amend the UD complaint at trial if other
tenant offenses found not related to those in original complaint.

Right to Counsel

Requires landlords to inform tenants of their right to counsel and to a court-appointed counsel at
the mediation session or trial if indigent.
Requires courts to appoint counsel at the mediation session and at any scheduled trial.
Requires state to pay costs of right to counsel legal services subject to amounts appropriated.

Appoints OCLA as implementing entity.

Requires courts to attempt to retain same counsel for tenants at trial if counsel provided during
mediation session.

Emergency Rental Assistance Program

Creates a new emergency rental assistance program with Commerce designed to reimburse
landlords for claims of unpaid rent and utilities.

Requires Commerce to provide grants to eligible organizations (county entities) in order to

provide assistance to landlord applicants.
Clarifies that program funds must be used for rental assistance for X months of back and/or future
rent, utility assistance, and administrative costs.
Provides following prioritization for receipt of funds: landlords with no more than 4 units; landlords
with 5-100 units; and all other landlords.

Requires the following conditions for receipt of funds as part of an affidavit signed under penalty of
perjury:

Preservation of the tenancy unless the tenant has terminated the lease early or has

abandoned the lease/unit.

Disclosure of rental units owned by the landlord and name/address of the tenant for which

the claim is submitted.

To the best of landlord's knowledge, tenant for which claim has been submitted has not

applied for or received any other rental assistance.

Requires landlords to waive any remaining rental arrears if program funds reimburse at least 80
percent of FMR rate of claim amount, and waive any other monetary claims for other fees/charges
once reimbursed.
Prohibits access to program and/or requires denial of claim if landlord commits fraud.
Creates affiliated, appropriated account.

Miscellaneous

Prohibits pro se agreements between landlord and tenant pursuant to an eviction action in which
tenant agrees to pay more than statutory judgment limits, amounts other than rent to retain
tenancy, or any tenant rights under judicial discretion or RLTA.
Prohibits dissemination of mediation sessions if they fail to resolve dispute between the parties
under RLTA.
Limits dissemination of eviction actions due to nonpayment of rent resulting from COVID-19.
Requires landlords to pay the balance of a UD filing fee after the mediation session or before the
trial on the pleadings.
Removes prohibition on judicial discretion eligibility if tenant received three or more pay or vacate
notices within previous 12 months.
Declares an emergency.

To voice your opinion on the draft, you can contact the Senator and her staff.
Provided below is their contact information:

Senator Patty Kuderer's email Patty.Kuderer@leg.wa.gov

Also provided is her assistant's email: tanya.lavoy@leg.wa.gov

Also provided is a link to her website with additional contact info: Contact - Sen. Patty Kuderer - Washington State Senate Democrats (wastateleg.org)

To Download a PDF of this summary, please download the PDF below.
Also included is the full bill of the Eviction Reform.
(please see 2nd PDF attachment below for the full bill.

Eviction Reform - Landlord Tenant Protections - Draft - SUMMARY
File Size:	64 kb
File Type:	pdf

Download File

Eviction Reform - Landlord Tenant Protections - Stakeholder Draft - FULL BILL
File Size:	187 kb
File Type:	pdf

Download File

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WBPA Challenging Governor’s Eviction Ban, Demand Small Housing Providers Be Compensated For Services

12/1/2020

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Today, the Washington Business Properties Association (WBPA) is taking another step forward with small housing providers who are challenging Governor Inslee’s unfair and unlawful statewide eviction moratorium in Lewis County State Superior Court. The plaintiffs are seeking injunctive relief of the ban, which for months has cost them their livelihoods.

To be clear: evicting tenants is a last resort for housing providers. That is not what this case is about. Rather, the WBPA is supporting the plaintiffs’ challenge to the statewide eviction moratorium on the following grounds:

The Governor has forced housing providers to support tenants through ”free” rent without providing financial relief for housing providers, who must still pay taxes, mortgages and maintenance costs and try to support their families‎.
Housing providers are prohibited from evicting or seeking repayment from tenants, including tenants that aren’t suffering any financial hardship as a result of the pandemic.
The Governor’s order doesn’t require tenants to prove they have suffered financial hardship and allows tenants to silently ignore good faith attempts to work with them.
The Governor’s order bars access to the courts for housing providers to seek repayment from tenants who are behind on rent, or from renters who simply refuse pay, once the order is lifted.
The eviction moratorium was adopted without statutory authority and extended repeatedly by the Governor without the consent of the Washington state legislature.

No one group or individual alone can bear all of the costs and burden brought on by the COVID-19 pandemic. Yet that is what is being asked of small housing providers. The Governor’s order was hastily adopted and needlessly extended, giving a “free ride” to tenants who can pay but choose not to as well as to tenants engaging in criminal and nuisance behavior or causing property damage. Small housing providers are suffering greatly, so the WBPA has decided to take action.

Read the full court filing here.

Read the full article on the WBPA website: WBPA Challenging Governor’s Eviction Ban, Demand Small Housing Providers be Compensated for Services - Washington Business Properties Association (thewbpa.org)

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From KXly.com Spokane: Washington landlords suing the state over eviction moratorium they fear may be extended - by Kyle Simchuk | KXLY reporter

12/1/2020

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SPOKANE, Wash. — Governor Jay Inslee is facing another lawsuit over his ban on evictions.
The Washington Landlord Association is one of several plaintiffs on the complaint filed Tuesday. They say some landlords have not received a rent payment in eight months, forcing those property owners to make some tough decisions.

The governor’s eviction moratorium is supposed to end on December 31, however the WLA is almost certain it will be extended into the new year.

Washington Landlord Association President Rob Trickler says by skipping rent payments, some tenants are digging themselves into a hole they won’y be able to crawl out of. He fears many landlords will never be reimbursed.

“This order in our opinion has been unlawful since 30 days after it was issued,” said Trickler.
Trickler says landlords have largely been ignored throughout the eviction moratorium.
“Our membership is primarily the mom and pops,” said Trickler.

If tenants aren’t paying rent, landlords still have to pay their mortgage, property taxes, and make home repairs.
Trickler says he feels for people who have truly lost their jobs and income during the pandemic. However, he says some tenants have simply taken advantage of the law.

“I have members and clients that have tenants that are buying new automobiles and camping trailers in the like while not paying their rents, painfully employed,” said Trickler.
He fears the moratorium is a problem that’s ballooning.

“Obviously the longer this goes on and the higher those bills get the less likely the tenant is ever going to manage that and the landlord will never see any of that,” said Trickler.

According to Crosscut, 500,000 renters in Washington were using credit cards or short-term loans to meet their basic spending needs at the end of October, according to the U.S. Census Bureau’s Household Pulse Survey.
In total, 63,000 tenants were occupying their homes without paying rent.

The state of Washington has set aside funds to reimburse landlords for the lost rent. However, Trickler called it a complicated mess, saying the payment is often limited to 80% of three to four months and some landlords may be required to extend the lease through March. He says that’s not a good enough deal for landlords.

To read full article, please click on the link to be directed to the KXLY website: Washington landlords suing the state over eviction moratorium they fear may be extended - KXLY

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WLA NEWS/Legislative Updates

RLTA-MHLTA EVICTION REFORM - Draft Summary

WBPA Challenging Governor’s Eviction Ban, Demand Small Housing Providers Be Compensated For Services

From KXly.com Spokane: Washington landlords suing the state over eviction moratorium they fear may be extended - by Kyle Simchuk | KXLY reporter

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​RLTA-MHLTA EVICTION REFORM - Draft Summary

WBPA Challenging Governor’s Eviction Ban, Demand Small Housing Providers Be Compensated For Services

From KXly.com Spokane: Washington landlords suing the state over eviction moratorium they fear may be extended - by Kyle Simchuk | KXLY reporter

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RLTA-MHLTA EVICTION REFORM - Draft Summary

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