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CARES Act Eviction Regulations

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The federal CARES Act requires housing providers to give tenants a minimum of 30 days notice before they can be required to vacate a "covered property." Most Washington courts interpret this to mean any pre-eviction notice must have a 30 day deadline or longer (e.g. a 30 Day Notice to Pay Rent or Vacate). As of February 15, 2024, King, Snohomish, Skagit, Island, San Juan and Whatcom county courts only apply this notice to Pay or Vacate Notices, not other types of pre-litigation notices. The Washington Supreme Court is considering a case that will adopt one of these two requirements statewide; when the supreme court rules, it will take retroactive effect, potentially invalidating notices in King, Snohomish, Skagit, Island, San Juan and Whatcom counties retroactively.

 

There are two reasons a property may be covered: either (1) the property participates in a federal housing program or (2) the loan on the property is federally backed.

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In general, almost all income-based rental programs trigger coverage, including:

  • Public housing

  • Section 8 Housing Choice Voucher program

  • Section 8 project-based housing

  • Section 202 housing for the elderly

  • Section 811 housing for people with disabilities

  • Section 236 multifamily rental housing

  • Section 221(d)(3) Below Market Interest Rate (“BMIR”) housing

  • HOME

  • Housing Opportunities for Persons with AIDS (“HOPWA”)

  • McKinney-Vento Act homelessness programs

  • Section 515 Rural Rental Housing

  • Section 514 and 516 Farm Labor Housing

  • Section 533 Housing Preservation Grants

  • Section 538 multifamily rental housing

  • Low-Income Housing Tax Credit (“LIHTC”) / Section 42

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Properties with federally-backed loans, include any property with a federal loan guarantee (e.g. VA loans), and any property where the loan is held by Fannie Mae, Freddy Mac, or any other federal program. Many properties with conventional loans originated by banks and mortgage companies are sold to federal programs even if your loan servicer does not change.

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Statewide Requirements

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​The Governor's Eviction Moratorium (Proclamation 20-19 et seq.) and Bridge Proclamation (21-09 et seq.) have expired and are no longer in effect. The statewide declaration of emergency (Proclamation 20-05 et seq.) expired on October 31, 2022, and is no longer in effect.

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Certain COVID-19 restrictions passed by the Washington Legislature remain in place on a long-term or permanent basis.

  • It is unlawful retaliation to make any housing decision based on a tenant's late payment or non-payment of rent accrued between February 29, 2020, and December 31, 2021, other than to offer a payment plan and issue a pay or vacate notice.

  • Housing providers are prohibited from reporting any non-payment of rent that fell due between March 1, 2020, and December 31, 2021, to a potential new housing provider.

  • Housing providers may not use medical records (such as vaccination status) when making housing decisions.

  • Any notice to pay rent or vacate that is based on rent that falls due from March 1, 2020, to April 30, 2023, (6 months after the end of the state of emergency) must be accompanied by an offer of a repayment plan that meets certain statutory requirements. A sample plan is available on our forms page.

  • Any notice to pay rent or vacate that is issued through July 1, 2023, must be accompanied by an Eviction Resolution Program notice. There is a link to the state form on our forms page.

We are also tracking local restrictions in our standard service area

King, Kitsap, Pierce, Snohomish, and Thurston Counties:

City of Burien

School Bus

Burien Ordinance 789 (extending and modifying Ordinances 773 and 783) prohibits eviction of residential tenants for non-payment of rent or late fees until October 31, 2022, (the end of the state of emergency).

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Burien Ordinance 773 provides that any notice to pay or vacate based on non-payment of rent that came due prior to October 31, 2022, must include the following language in bold, underlined, 12 point font: “You may not be evicted for rent that became due during the Governor’s State of Emergency if your lease lapsed or expired, or the rent was unpaid because of a substantial reduction in household income or a substantial increase in expenses related to the COVID-19 pandemic. This does not relieve you of the obligation to pay back rent in the future.”

 

The ordinance permanently prohibits

  • Eviction for non-payment of rent that came due between February 29, 2020, and September 30, 2021, if the rent "was unpaid because of a substantial reduction in household income or a substantial increase in expenses resulting from the COVID-19 pandemic" and 

  • Enforcing the end date of a lease that expired between February 29, 2020, and September 30, 2021, if "the tenant has experienced a substantial reduction in household income or a substantial increase in expenses resulting from the COVID-19 pandemic."

City of Kenmore

An Old Alley

Kenmore Ordinance 21-0525 (extended by Ordinance 21-0536) requires housing providers to take additional steps before taking action against residential tenants based on non-payment of rent that came due between February 29, 2020, and October 31, 2022 (the end of the state of emergency):

  • Any notice to pay rent or vacate must include the following language in bold, underlined, 12 point font: “You may not be evicted for rent that became due during the public health emergency if the rent was unpaid because of a substantial reduction in household income or a substantial increase in expenses related to the Coronavirus pandemic. This does not relieve you of the obligation to pay back rent in the future.”

  • Prior to taking any collection activity, housing providers must make a good faith efforts to obtain rental assistance through any available resources, including the Landlord Mitigation Fund under RCW 43.31.605, the Limited Landlord Relief Program operated by the Washington State Department of Commerce, the King County Eviction Prevention and Rental Assistance Program, or any other resources provided by federal, state, or local government, OR identify why the housing provider is not eligible for each program.

  • Any notice to pay rent or vacate must include a certification of what rental assistance programs to which the housing provider applied in a form prepared by the city.

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The ordinance permanently prohibits eviction for non-payment of rent that came due between February 29, 2020, and the end of the public health emergency, if the rent "was unpaid because of a substantial reduction in household income or substantial increase in expenses resulting from the Coronavirus (COVID-19) pandemic."

King County

Old city

King County Ordinance 2020-0191 requires housing providers to take additional steps before taking action against residential tenants based on non-payment of rent that came due between March 1, 2020, and March 1, 2021. The majority of the requirements are also included in state law (or state law provides greater protections). In addition to those provisions:

  • A housing provider may not issue a no-cause notice of termination of tenancy or refuse to renew a tenancy without cause while a tenant is following a reasonable repayment plan for debt incurred between March 1, 2020, and March 1, 2021.

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The Ordinance also restricts the following actions regarding small commercial tenants based on rent that came due between March 1, 2020, and March 1, 2021:

  • Terminating a tenant for non-payment of rent until after providing the tenant with "a repayment plan that was reasonable based on the individual financial, health and other circumstances of the tenant" if the non-payment was caused by the COVID-19 pandemic; and

  • Charging late fees if the non-payment was caused by the COVID-19 pandemic.

City of Kirkland

Family at a Beach

Kirkland Ordinance O-4759 expired September 30, 2021. Any notice that includes rent which came due before that date must include the following statement  in bold, underlined, 12 point font: "You may not be evicted for rent that became due during the City of Kirkland's Proclamation of  Emergency if your rent was unpaid because of a substantial reduction in household income or a substantial increase in expenses related to the COVID-19 pandemic. This does not relieve you of the obligation to pay back rent in the future. For more information for renters or landlords, call (425) 587-3326 or go to housinghelp@kirklandwa.gov.”

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The ordinance permanently prohibits eviction for non-payment of rent that came due between February 29, 2020, and September 30, 2021, if it was unpaid "because of a substantial reduction in household income or a substantial increase in expenses resulting from the COVID-19 pandemic. This includes, but is not limited to, where, as a result of the pandemic, the tenant suffered a loss of employment or a reduction in hours, was unable to work because their children were out of school, was unable to work because they were sick with COVID-19 or caring for a household or family member who was sick with COVID-19, they were complying with a recommendation from a public health official or agency to self-quarantine, including to avoid the risk of medical complications to themselves or others, or they incurred substantial out of pocket medical expenses due to COVID-19."

Kitsap County Superior Court

Forest Scene

The Kitsap County Superior Court local rule on the timing of pay or vacate and repayment plan notices has expired. Prior to its expiration, that rule required housing providers to serve the offer of a repayment plan required by RCW 59.18.630 at least 14 days before serving the Eviction Resolution Program (ERP) notice and the 14 day notice to pay rent or vacate. In general, Kitsap County housing providers may serve both notices simultaneously provided the tenant's options on receipt of these notices is clear and unambiguous.

City of Seattle

Cargo Ship at the Port

The Seattle eviction moratorium was terminated on February 28, 2022. The general state of emergency was terminated effective October 31, 2022. The various housing restrictions have distinct end dates based on which event was used to trigger their expiration.

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The following actions regarding residential tenants are prohibited related to the COVID-19 pandemic:

  • Late fees are prohibited until October 31, 2023 (one year after the civil emergency ends);

  • Tenants may not be evicted for rent that fell due between March 3, 2020, and October 31, 2022, (the civil emergency) if they certify that they suffered financial hardship that prevented them from paying rent during the state of emergency and can prove that hardship if challenged in court by the housing provider;

  • Any notice which may lead to eviction must include the following statement: "RIGHT TO LEGAL COUNSEL: CITY LAW PROVIDES RENTERS WHO ARE UNABLE TO PAY FOR AN ATTORNEY THE RIGHT TO FREE LEGAL REPRESENTATION IN AN EVICTION LAWSUIT. If you need help understanding this notice or information about your renter rights, call the Renting in Seattle Helpline at (206) 684-5700 or visit the web site at www.seattle.gov/rentinginseattle." The first sentence must be in BOLD ALL CAPS and the full disclosure must be in at least 12 point font.

  • Any notice based on rent which came due between March 3, 2020, and April 30, 2023, must include the following statement: "City law requires a landlord to offer a reasonable schedule for repayment of unpaid rent that accrued between March 3, 2020, and six months following the termination of the civil emergency proclaimed by Mayor Durkan on March 3, 2020. If your landlord does not offer such a repayment plan or give you 14 days to accept a reasonable repayment plan before proceeding with an unlawful detainer action, you may raise this as a defense to eviction in court."

  • Any notice based on rent which came due between March 3, 2020, and October 31, 2022, must include the following statement: "If you cannot pay rent due during the civil emergency proclaimed by Mayor Durkan on March 3, 2020, your inability to pay is a defense to eviction that you may raise in court."

  • Notices should only include the statements that apply based on the rent included in the notice.

 

The following actions regarding small commercial businesses/non-profits were prohibited by Ordinances 126347 and 126066 from March 1, 2020, until October 31, 2022, (the end of the civil emergency):

  • Rent increases for month-to-month tenants;

  • Rent increases in renewal of term tenancies;

  • Evict the tenant for non-payment of rent that came due during the civil emergency or within 6 months of its termination if the tenant follows a repayment schedule that does not require payment of more than 1/3 of one month's rent per month toward the arrearage or last longer than one year provided that the burden is on the tenant to propose a repayment schedule that meets these terms; and

  • Charging any amount for the late payment or non-payment of rent that came due during the civil emergency or within 12  months of its termination.

Snohomish County Superior Court

Take Off

The Snohomish County Superior Court local rule on the timing of pay or vacate and repayment plan notices has expired. Prior to its expiration, that rule required housing providers to serve the offer of a repayment plan required by RCW 59.18.630 at least 14 days before serving the Eviction Resolution Program (ERP) notice and the 14 day notice to pay rent or vacate. In general, Snohomish County housing providers may serve both notices simultaneously provided the tenant's options on receipt of these notices is clear and unambiguous.

*All information displayed on the LT Services website is informational and shall not be deemed as legal advice.  If you would like legal representation or advice, please contact us through e-mail or by phone.  Until an attorney-client relationship has been established, no information you provide is privileged or confidential.

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