On the evening of June 29 Governor Inslee issued a new proclamation regarding evictions. Please see the outline below for more details via our partners at the Washington Low Income Housing Alliance. It is critical that tenants know of these new rights and how they have changed from the initial order, most importantly that tenants must apply for rental assistance in order to protect themselves from eviction. More resources available via Washington LawHelp here.
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Proclamation 21-09, amending proclamation 20-05
The proclamation is in effect from July 1 – September 30, 2021
Past Rent Owed between Feb 29, 2020 and July 31, 2021
Landlords are prohibited from serving, enforcing or threatening to serve or enforce any notice requiring a tenant to vacate any dwelling until:
1) A rental assistance program and an eviction resolution pilot program have been implemented and are operational in the county and,
2) since July 1, 2021 a tenant has been provided with an opportunity to participate in an operational rental assistance program & operational eviction resolution pilot program (ERP) and the tenant has rejected for failed to respond within 14 days of receipt of such notice to participate.
Additionally, tenants must respond to landlords regarding the establishment of reasonable payment plans as per SB 5160 and must participate in the eviction resolution programs per the timelines established in SB 5160.
Who attests to the program being “operational” and who do they attest to?
1) Rental assistance grant recipients attest to the Department of Commerce
2) ERPs attest to the Administrative Office of the Courts, Office of Civil Legal Aid and the Office of Financial Management.
3) Additionally, such attestations shall be posted to the local county or court public-facing website.
What is considered an “operational rental assistance program”?
“For purposes of this order, an operational rental assistance program means a program located in the county in which the rental property is located, is receiving or able to receive applications for rental assistance from eligible renters and landlords, is currently disbursing or is able to disburse funds, and remains open throughout the time period of this order.” And it, “must be accessible to persons with limited English proficiency (including access to appropriate professional interpreter services) and either accessible to persons with disabilities or able to serve persons with disabilities by providing a reasonable accommodation.”
What is considered an “operational eviction resolution pilot program”?
“For purposes of this order, an operational eviction resolution pilot program means a program that complies with the provisions of Section 7 of E2SSB 5160, is located in the county in which the property is located, is serving or is able to serve pilot program clients, and is located in a jurisdiction in which a standing judicial order of the relevant superior court exists. If an out-of-county resolution program is accepting out-of-county applications, a tenant and landlord may agree, but are not required, to use an operational eviction resolution program located in a different county.” And it, “must be accessible to persons with limited English proficiency (including access to appropriate professional interpreter services) and either accessible to persons with disabilities or able to serve persons with disabilities by providing a reasonable accommodation.”
Additional details regarding arrears accumulated between Feb 29, 2020 and July 31, 2021
– Any rental payment made on or after August 1, 2021 must be applied to current rent before applying towards arrears.
– Each rental assistance program is authorized to share the application status of a tenant with the tenant’s landlord.
– Landlords are prohibited from otherwise attempting to collect rental arrears accumulated during this time period including by attempts or threats to collect the debt independently or through a collection agency, by withholding any portion of a security deposit, by reporting to credit bureaus or by other means.
– No landlord can evict without first providing a tenant with written notice of the funding resources and programs established in SB 5160.
Future rent owed (August 1, 2021 through September 30, 2021)
As of August 1, 2021 for rent owed on or after August 1, 2021 tenants must:
– pay rent in full, negotiate a lesser amount or a payment plan, or actively seek rental assistance.
Who cannot be evicted in August or September?
– Tenants who made a full or partial payment of rent based on their individual circumstances as negotiated with the landlord,
– Tenants who have a pending application for rental assistance that has not been fully processed,
– Tenants who reside in a jurisdiction in which the rental assistance program is anticipating receipt of additional rental assistance resources but has not yet started their program or the rental assistance program is not yet accepting new applications for assistance.
Additional details:
– There is a presumption that any rent paid on or after August 1, 2021 is applied to the current rent before applying towards arrears.
– A landlord is not required to accept partial payment of rent but is required to offer a tenant a reasonable payment plan in accordance with SB 5160.
– No landlord can evict without first providing a tenant with written notice of the funding resources and programs established in SB 5160.
Late Fees or other charges:
Landlords are prohibited from assessing or threatening to assess late fees for nonpayment of rent or other charges related to the dwelling where nonpayment occurred due to COVID-19 between February 29, 2020 and September 30, 2021.
Rent increases
While this order does not prohibit rent increases, any rent notice increases that were prohibited pursuant to Proclamation 20-19 et seq., continue to be prohibited and may not be retroactively imposed. Any rent increases issued within the effective dates of this order must conform to RCW 59.18.140. Landlords accepting funds through state and/or federal rent assistance program may be prohibited from increasing rents as part of state or local program guidelines.
Payment plans
No landlord can evict or threaten to evict if:
– The landlord has made no attempt to establish a reasonable payment plan in accordance with SB 5160,
– Or if the landlord and tenant cannot agree on a plan and no eviction resolution pilot program per SB 5160 exists.
– “Reasonable payment plans” in accordance with SB 5160 means a repayment plan or schedule for unpaid rent that does not exceed monthly payments equal to one-third of the monthly rental charges during the period of accrued debt.
– Tenants must respond within 14 days of the landlords offer, per the timeline established in SB 5160.
– If a tenant fails to accept the terms of a reasonable repayment plan or if the tenant defaults on any rent owed under a repayment plan, a landlord must first provide notice to the tenant informing the tenant of the eviction resolution pilot program, and then follow the procedures provided by E2SSB 5160, before filing an unlawful detainer action. The pilot program must be operational at the time the notice is sent and must be able to provide the tenant with an opportunity to participate in the program.
Evictions per HB 1236 – Statewide Just Cause Eviction
Excepting the prohibitions stated herein, all other allowable evictions under ESHB 1236 and the current Residential Landlord-Tenant Act (RCW 59.18) and Manufactured/Mobile Home Landlord-Tenant Act (RCW 59.20) may proceed as otherwise allowed by law.
Right to counsel:
“Nothing in this order modifies the requirement in Section 8 of E2SSB 5160 that a court must appoint an attorney for an indigent tenant in an unlawful detainer proceeding while this order is in effect.”
Exclusions:
– Emergency shelters where length of stay is conditioned upon a residents participation in and compliance with a supportive services program.
– Long term care facilities licensed or certified by DSHS.
– “transient housing in hotels and motels”
– Airbnbs
– Motor homes, RVs
– Public lands and camping areas.
Misc:
– Landlords are not prohibited from communicating with tenants on “customary and routine” means.
– Landlords are prohibited from retaliating against tenants who invoke their rights under this proclamation or any other proclamation or under any other state or federal law.
– Violators of the order are subject to criminal penalties pursuant to RCW 43.06.220(5)