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 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.
ability to occupy a rental dwelling.
to, prior or current exposure or infection to the COVID-19 virus.
necessary to evaluate a reasonable accommodation request or reasonable modification request under RCW 49.60.222.
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]
governmental entities
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
plan or defaults on repayment plan
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.
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.
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.
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:
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. ![]()
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WBPA Challenging Governor’s Eviction Ban, Demand Small Housing Providers Be Compensated For Services12/1/2020 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:
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) 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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