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Seattle City Council Votes to Restrict Winter-Time Evictions

On Monday, February 12, the Seattle City Council unanimously passed a new ordinance that will significantly restrict residential evictions during the winter.  Council Bill 119726, if signed by the Mayor or allowed to pass into law without her signature, will prohibit Seattle landlords from evicting low- and moderate-income tenants for unpaid rent between December 1 and March 1.  The unanimous vote was only possible after amendments were added to reduce the time period, to exempt landlords managing four or fewer housing units and to restrict the scope to low- and moderate-income tenants.

Read the full text of CB 119726 here.

When or if CB 119726 becomes effective depends on whether or not Mayor Durkan chooses to veto it and is governed by SMC 1.04.020.

Notice Loophole a Scary Prospect for Month-to-Month Tenants

According to a recent article in Crosscut – Legislators passed eviction protections. Washington landlords found loopholes — a new provision in the recently-revised Residential Landlord-Tenant Act may prove to be a scary prospect for month-to-month tenants.

RCW 59.18.410(3)(d) states:

“A  tenant  who  has  been  served  with  three  or  more  notices to pay or vacate for failure to pay rent as set forth in RCW 59.12.040 within twelve months prior to the notice to pay or vacate upon which the proceeding  is  based  may  not  seek  relief  under  this  subsection (3).”

On its face, this subsection would appear to undo many of the new tenant protections put in place by the Washington Legislature.  Crosscut asserts that landlords across the state have started serving pay-or-vacate notices the day after rent becomes due, often in situations where tenants have been accustomed to a short grace period.  That grace period can be important for low-income tenants relying on the arrival of Social Security or other social services’ payments.  Tenants who receive three such notices in a 12-month period, regardless of having made their rent payments, would not be able to take advantage of the other protections provided in RCW 59.18.410(3).

The text of ESSB 5600, as signed by the Governor, is here.

New Law Helps Property Owners Remove Squatters

On May 10, 2017, Governor Inslee signed a new law, which will allow property owners in certain circumstances to have squatters removed from their property by law enforcement immediately, rather than having to navigate the lengthy eviction process.

SB 5388, which passed with unanimous, bipartisan support in both the House and Senate, took effect July 23, 2017.

Specifically, the law allows property owners to file a declaration that a trespasser – not a tenant – is on their property. This allows law enforcement to remove the person immediately, unless that person can prove they were a legal tenant within the past 12 months.

A property owner, or their agent, may initiate a law enforcement investigation and request the removal of an unauthorized person or persons. They must declare:

  • They are the owner of the premises
  • The individuals entered and remain illegally on the property
  • That the individual(s) were not a tenant at the property in the past 12 months
  • The individual(s) were not authorized to enter or remain on the property
  • That they have demanded that the unauthorized individual(s) vacate the property, but the individual(s) failed to do so

You can download a free copy of the Request to Remove Trespasser form here.

Any false declarations made by an owner or their agent under this law may bring a cause of action against them for false swearing or for making a false or misleading statement to a public servant, both of which are gross misdemeanors, and the declarant may be held liable for actual damages, costs, and reasonable attorneys’ fees.

Law enforcement must provide the individual(s) with a reasonable opportunity to secure and present any credible evidence, which the officer must consider, showing that the person or persons are tenants, legal occupants, or the guests or invitees of tenants or legal occupants.

If it is determined by law enforcement that the individual(s) are on the property illegally, they may then proceed with removing them from the premises, with or without an arrest being made, and order them to remain off the premises or be subject to arrest for criminal trespass.

Handbook for Washington Seniors Updated

Legal Voice has updated the Handbook for Washington Seniors: Legal Rights and Resources for 2016 into 2017. The Handbook is a quick-reference guide covering legal rights, health care, housing, etc. The Handbook answers common questions about the issues seniors are likely to face. The Handbook may also be helpful to the family and caregivers of seniors.

You can find a digital copy of this resource available for free at www.legalvoice.org/handbook. You can also order a copy for $20 from Legal Voice.

You may also view a copy of this resource in the library, available at RES KF 390.A4 H36 (ask for it at the front information desk).

What Can I Do About An Eviction On My Record?

This link leads to a guide written by the Northwest Justice Project on the WashingtonLawHelp website.  The guide describes what can and cannot be done to remove the record of any eviction from your court record.  It answers several key questions including:

  • How do I determine whether there is an eviction on my record?
  • How can I get an eviction removed from my court record?
  • How do I discuss a past eviction with a potential landlord?
  • Is there something I can do to change the laws so that I could get my eviction case removed from my court record in the future?

Want more information? Check out our list of Housing Law Clinics & Resources, as well as our Eviction Process Guide.

New Law Helps Tenants With Evictions

On June 9, 2016 Engrossed Senate Bill 6413 was enacted. This bill creates a procedure called “Order of Limited Dissemination” which would prevent tenant screening companies from disclosing an eviction on their report. A judge may sign your order if:

  1. You were wrongly named in an eviction/unlawful detainer action or there was no basis for the action.
  2.  Your tenancy was reinstated after the filing of the unlawful detainer.
  3.  Some other “good cause” which is up to the discretion of the judge.

If you are granted this order you may take it to a tenant screening agency and they will not disclose any evictions on your report. You may then use this report for up to 30 days while trying to obtain housing. This process does not remove the eviction from the public record and so it is still discoverable to the general public.The law also gives landlords up to 21 days to either return the security deposit or submit a statement detailing how the deposit was applied.

Want more information? Check out our list of Housing Law Clinics & Resources, as well as an Eviction Process Guide.