The biggest sections establish a pilot dispute resolution program (temporary for now), mandate attorneys to represent indigent tenants, and require landlords to submit reasonable repayment plans before filing an eviction matter in court.
More on this legislation after the jump break.
I also did not previously note at least two extensions on the eviction moratorium from Governor Inslee. The current moratorium, as of this post, runs through June 30, 2021.
SB 5160 started in the state Senate on January 12. The House made changes and passed their version 72-26. It went back to the Senate, which approved 27-22. The bill reached Governor Inslee's desk on April 20.
Governor Inslee vetoed two sections, but signed the rest into law on April 22, 2021. He explained the reasons for vetoing Sections 12 and 13 of the bill:
- Section 12, which would have provided direct financial relief to landlords, did not sufficiently prioritize landlords that need the money the most.
- Section 13 was similar to what the governor already signed into law and could have led to administrative problems and landlord confusion.
The laws took effect immediately upon signing, given the emergent nature of COVID-19.
You can read the full signed bill's contents here.
Section 1: Explains the emergent nature in passing this law and having it take effect immediately. It notes many tenants have lost their jobs and are otherwise struggling financially. Life, health, and safety risks are also addressed.
Section 2: Provides new definitions. Notably, it defines the eviction moratorium, limits the scope of the term "public health emergency" to the COVID-19 pandemic, and determines who is a tenant covered under these new sections.
Section 3: Several subsections here really help tenants.
- Landlords cannot collect late fees for rent monies owed from 3/1/2020 through six months after the moratorium ends.
- Landlords cannot tell other future landlords of tenant's monies owed from 3/1/2020 through six months after the moratorium ends.
- Landlords cannot report evictions for nonpayment of rent from 3/1/2020 through six months after the moratorium ends.
- No adverse action from a prospective landlord to a tenant because of nonpayment of rent from 3/1/2020 through six months after the moratorium ends.
- Prospective landlord cannot deny, discourage application, or make unit unavailable because of tenant's medical history, which includes COVID-19 diagnosis.
- Any landlord cannot inquire on tenant's medical history unless it is to address a reasonable accommodation/modification.
- Landlords breaking this section are liable for up to 2.5 times the monthly rent, plus reasonable attorney fees and costs.
Section 4: Landlord duties and possible relief. Also gives a possible tenant defense. The applicable time frame here is either six months after the moratorium ends (six months after June 30, 2021) or six months after the public health emergency ends, whichever is longer.
- If tenant still has rent money due after that point, the landlord must offer a reasonable payment plan (conditions stated in the section) and the tenant has 14 days to accept.
- If not accepted, the landlord may file an unlawful detainer (UD) action, subject to Section 7.
- Landlords may become eligible to recoup monies owed under the Landlord Mitigation Program.
- Any repayment plan must only cover rent owed, no other charges/expenses.
- Landlord cannot require payment until 30 days after the plan is offered to the tenant.
- Landlords should take money from any source of income defined under RCW 59.18.255, plus any nonprofits, governmental entities, etc.
- The plan cannot contain certain conditions, such as tenant compliance with rental agreement or needing a tenant to waive any notice rights under RCW 59.12.030.
- If a landlord does not offer a reasonable repayment plan, tenant can use that as a defense to a UD filing.
Section 5: Adds provisions to RCW 43.31.605 so landlords can claim relief for unpaid rent owed under the Landlord Mitigation Program. Capped at $15,000.
Section 6: Slightly amends RCW 43.31.615 to include landlord relief for unpaid rent owed under the Landlord Mitigation Program. The Department of Commerce must prioritize these funds.
Section 7: Establishes a court-based eviction resolution pilot program to resolve nonpayment of rent cases. The section expires July 1, 2023.
- There will be a local dispute resolution center assigned to cover a particular area.
- Landlord and tenant must use this program before the landlord can file a UD action.
- Landlord must serve both notice of nonpayment of rent AND notice that this pilot program exists.
- Notice about the pilot program must contain certain language, as noted in the statute.
- Landlord must retain the proof of service of both notices.
- Landlord is responsible for sending copies of the notices to the appropriate dispute resolution center.
- Landlord must get a "certification of participation" from the dispute resolution center before being able to file a UD matter in court.
- Superior courts must report certain stats for calendar year 2022 to the administrative office of the courts.
Section 8: An indigent tenant gets an attorney. The meaning of "indigent" is defined within the section. The Office of Civil Legal Aid is responsible for implementing the section and the state pays for it.
Section 9: Gives time for the Office of Civil Legal Aid to hire attorneys to represent the indigent tenants. Office of Civil Legal Aid has one year from effective date of section to submit a plan on how to implement this tenant representation program (Section 8).
Section 10: Tweaks the 14-Day Pay Rent or Vacate notice. Establishes steps taken after the pilot dispute resolution program ends on 7/1/2023.
Section 11: Amends the summons for a residential UD matter. Notably adds language consistent with Section 8 above.
Sections 12 and 13: Governor vetoed.
Section 14: RCW 59.12.040 amended to omit reference to RCW 59.18.375 because that section got repealed. See Section 19, infra.
Section 15: RCW 59.18.230 amended to provide additional tenant protections. Tenants not required to agree to pay certain statutory amounts or waive certain statutory rights under the Residential Landlord-Tenant Act.
Section 16: Includes certain sections to also apply to the mobile home parks section (RCW 59.20). Most importantly, the section for indigent tenants getting an attorney applies here, too.
Section 17: Allows for a tenant to be reinstated to the tenancy if he/she can show ability to pay landlord again. This period extends only until one year after the moratorium ends.
Section 18: The above sections do not apply to assisted-living facilities, nursing homes, adult family homes, or continuing care retirement communities.
Section 19: Repeals RCW 59.18.375.
Section 20: Sections 2-4 supersede any other existing, conflicting section within RCW 59.12 or RCW 59.18.
Section 21: This act takes effect immediately upon Governor Inslee's signature.
