Inslee extends residential eviction moratorium through Aug. 1 with changes

Gov. Jay Inslee on Tuesday extended the moratorium on residential evictions for nonpayment of rent through Aug. 1 and made several changes to it that will affect tenants and landlords.

They include:

• Allowing eviction based on property damage, “except for damage that is not urgent in nature, including conditions that were known or knowable to the landlord prior to the COVID-19 crisis.”
• Prohibiting retaliation against any tenant who invokes rights or protections under the proclamation.
• Allowing owners to evict tenants if the owner plans to occupy or sell the property, after providing at least 60 days’ notice; and
• Establishing a defense to any lawsuit for tenants if a landlord fails to offer a reasonable repayment plan.

Inslee initially put the eviction moratorium into place on March 18. On April 16, he renewed the moratorium through Thursday and expanded it.

The proclamation that the governor signed Tuesday continues the prohibition on landlords assessing late fees or other charges.

Also, landlords still are prohibited from increasing rents or deposits for residential tenants, as well as for commercial properties as long as those tenants have been impacted by COVID-19.

The latest version of the moratorium, however, exempts commercial property rent increases that were executed in a rental agreement before the governor declared the state of emergency on Feb. 29.

Jim Baumgart, a senior policy adviser to Inslee, said Aug. 1 was chosen for the end of the extension because the moratorium will stretch over two more rental periods, providing a “sense of predictability.”

Baumgart said the governor’s office is preparing for a “transitional period” through the proclamation signed Tuesday.

“There are still longstanding issues that we’re going to have to deal with, like back rent. Those types of things are not going to be quickly or easily resolved for either landlord or tenant,” he said.

Baumgart said an estimated 10 percent of Washington’s 1.2 million renters have been unable to pay because of the damage that the COVID-19 epidemic has done to the state’s economy.

Brett Waller is director of government affairs for the Washington Multi-Family Housing Association, which is the state’s chapter of the National Apartment Association.

In an interview, Waller said the multi-family housing association did not see a need for the moratorium extension.

“We’ve seen rent payments consistent with what we would call normal months. Landlords and tenants are working together. We have payment plans for those who can’t make the rent,” he said.

According to the National Multifamily Housing Council, 93.3 percent of apartment households nationwide made a full or partial rent payment by May 27.

Waller said his group has surveyed its members that have about 250,000 apartment units and have found similar results. He cited enhanced unemployment benefits and federal stimulus funds for avoiding a sharp reduction in those making full or partial rent payments.

“There’s definitely some concern come July when those enhanced [unemployment] benefits expire. We’re working at the federal and state level to find opportunities to assist renters.

“We need real solutions like an investment of some of the $2.9 billion CARES Act funds in rental assistance to support residents directly impacted by COVID-19 and to address mounting costs for housing providers,” Waller added.

This story was originally published June 2, 2020 at 7:08 PM.