Governor Inslee Expands Scope Of Eviction Moratorium And Extends Moratorium Until June 4, 2020

Todd J. Cook Edmonds LawyerOn April 16, 2020, Washington Governor Jay Inslee issued Proclamation 20-19.1 extending and expanding the scope of the residential eviction moratorium originally imposed in Proclamation No. 20-19 issued on March 18, 2020.  As originally imposed, the residential eviction moratorium prohibited residential landlords and local law enforcement from engaging in certain residential eviction activities until April 17, 2020.  On the day the original moratorium proclamation expired, Governor Inslee chose to expand the scope and duration of the moratorium.

The new moratorium order focuses on residential dwellings, but it also imposes one restriction that relating to both residential dwellings and commercial rental properties.  Proclamation 20-19.1 imposes the following restrictions on landlords, property owners, property managers, and local law enforcement until June 4, 2020:

  1. Prohibiting landlords, property owners, and property managers from serving, enforcing, or threatening to serve or enforce, any notice requiring a resident to vacate any dwelling or parcel of land occupied as a dwelling including, but not limited to, eviction notices, notices to pay or vacate, notices of unlawful detainer, notices of termination of rental, and notices to comply or vacate; provided, however, that such notices may be served if accompanying by an affidavit attesting that the action is necessary to respond to a significant and immediate risk to the health or safety of others created by the resident (hereinafter, a “Risk Affidavit”).
  2. Prohibiting landlords, property owners, and property managers from seeking or enforcing, or threatening to seek or enforce, judicial eviction orders or agreements to vacate involving any dwelling or parcel of land occupied as a dwelling, unless supported by an accompanying Risk Affidavit.
  3. Prohibiting local law enforcement from taking certain actions with respect to eviction orders affecting any dwelling or land occupied as a dwelling, “unless the eviction order clearly states that it was issued based on a court’s finding that the individual(s) named in the eviction order is creating a significant and immediate risk to the health and safety of others.”
  4. Prohibiting landlords, property owners, and property managers from assessing or threatening to assess late fees for non-payment or late payment of rent for any dwelling or parcel of land occupied as a dwelling “where such non-payment or late payment occurred on or after February 29, 2020, the date when a State of Emergency was proclaimed in all counties in Washington State.”
  5. Prohibiting landlords, property owners, and property managers from assessing, or threatening to assess, rent or other charges related to a dwelling or parcel of land occupied as a dwelling “for any period during which the resident’s access to, or occupancy of, such dwelling was prevented as a result of the COVID-19 outbreak.”
  6. Prohibiting landlords, property owners, and property managers from treating any unpaid rent or other charges related to a dwelling or parcel of land occupied as a dwelling as an enforceable debt or obligation that is owing and collectable, where such non-payment was a result of the COVID-19 outbreak and occurred on or after February 29, 2020. This prohibition, however, DOES NOT APPLY if the landlord, property owner, or property manager “demonstrates by a preponderance of the evidence to a court that the resident was offered, and refused or failed to comply with, a re-payment plan that was reasonable based on the individual financial, health, and other circumstances of the resident.”
  7. Prohibiting landlords, property owners, and property managers from increasing, or threatening to increase, the rate of rent or the amount of any deposit for any dwelling or parcel of land occupied as a dwelling. Notably, this prohibition also applies to “commercial rental property” if the commercial tenant has been materially impacted by the COVID-19 outbreak.

The stated intent of the expanded moratorium is to “prevent a potential new devastating impact of the COVID-19 outbreak – that is, a wave of statewide homelessness that will impact every community in our state.”  In light of the potential adverse economic impact the moratorium may have on landlords, the Governor’s Proclamation “acknowledges, applauds, and reflects gratitude for the immeasurable contribution to the health and well-being of our communities and families made by the landlords, property owners, and property managers subject to this order.”  Finally, the Governor encouraged “every tenant to pay what they can, as soon as they can, to help support the landlords, property owners, and property managers who are supporting them through this crisis.”

The Governor has established a web form that can be used to report suspected violations of the eviction moratorium.  A violation of the order is punishable as a Gross Misdemeanor under RCW 43.06.220(5).

For additional web resources regarding Governor Inslee’s COVID-19 Proclamations, please see my blog entry titled Understanding Governor Inslee’s COVID-19 Proclamations and Guidance.

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