Evictions — Help for Washington Tenants
**Update: On August 26th, the United States Supreme Court ruled that “[i]f a federally imposed eviction moratorium is to continue, Congress must specifically authorize it,” effectively ending the federal eviction moratorium described herein. Washington State’s moratorium expired on October 31, 2021. This blog post is intended for informational purposes only, and not for the purpose of providing legal advice. Eviction laws are changing rapidly. Portions of this post may be out of date.**
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As of July 5th, 15% of renters in Washington State owed back rent, and now that eviction moratoriums are coming to an end, many tenants behind on their rent are struggling to avoid eviction. At a time when workers need to earn nearly $30 an hour to afford a modest two bedroom apartment in our state, rental assistance is vital for those out of work or underemployed due to the pandemic. The Washington Low Income Housing Alliance stated, “The public health crisis is not over, but as the country begins to imagine life after COVID, it is imperative that we also address the profound economic fallout for the lowest-income and most marginalized members of our communities.“ The state has legislated help for tenants and some eviction moratoriums have been extended, but tenants can takes steps today to remain in their homes.
One step tenants can take now is seeking rental assistance. Billions of dollars are available to tenants through federal laws including the American Rescue Plan Act, the CARES Act, and COVID relief bills. It has taken time to establish the infrastructure needed to distribute this money, but programs are growing with more than 40 billion dollars in available assistance. Check for local rental assistance programs at the National Low Income Housing Coalition website, look for Tenant Based Rental Assistance at the Washington State Department of Commerce website, and browse local rental assistance programs through Washington 2.1.1.
The Washington State Legislature recently passed two bills that will impact landlord tenant relationships, House Bill 1236 and Senate Bill 5160. One important provision is that Washington will be the first state to guarantee legal counsel for low income tenants in eviction court. The Office of Civil Legal Aid expects to implement the program statewide by December. Currently, tenants can call the Eviction Defense Screening Line at 855–657–8387 or apply online.
The legislature also increased funding for rental and housing assistance, required payment plans for back rent, and added other renter protections. However, counties must have time to establish legal assistance programs and distribute rental assistance dollars. The Washington LawHelp New 2021 Landlord/Tenant Legislation page has more details about the protections enacted this year.
The federal eviction moratorium briefly expired on July 31st, with President Biden calling on Congress to extend it due to concerns over the COVID Delta variant. After Congress failed to act, the administration announced on August 3rd a limited moratorium for areas of substantial and high COVID transmission. The order will expire on October 3rd, 2021.
The Washington State eviction moratorium was scheduled to end on June 30, but the Governor extended some protections for tenants through the end of September. Local programs are also set to end soon. For example, Seattle extended their moratorium only through September 30. To learn more about the background of the Washington statewide eviction moratorium, see our post Evictions — Crises Converge.
Washington LawHelp has several self-help publications for tenants facing eviction including Did my landlord illegally end my tenancy or evict me and what can I do about it?, New Washington State Law: Eviction Resolution Pilot Programs (ERPPs) and Right to an Attorney for Tenants, Eviction and Your Defense, and I live in a motel or hotel. The owner is threatening to kick me out!
Read on for additional assistance:
Resources
Toll Free Eviction Defense Screening: 855–657–8387 or apply online
Rental assistance programs (National Low Income Housing Coalition)
Tenant Based Rental Assistance (Washington State Department of Commerce)
Local rental assistance programs (Washington 2.1.1) (also check city and county government websites)
Find rental assistance programs by state/county or tribe (Consumer Financial Protection Bureau)
Eviction Resolution Pilot Program (Washington Courts)
Eviction Resolution Pilot Program (Resolution Washington)
Dispute Resolution Centers — Check for your county here
Eviction: Know Your Rights (Washington LawHelp)
Facing Eviction? Get Help! (Washington LawHelp)
Infographics, streaming seminars, and recordings (Northwest Justice Project Facebook page)
Eviction Moratorium Question / Complaint Form (Washington Attorney General — 833–660–4877)
Tenants Union of Washington State
Tenants Union of Washington State Tenants Rights Hotline: 206–723–0500
Solid Ground’s Tenant Services Message Line: 206–694–6767 | TTY: 7.1.1
Videos and Webinars
Washington State Eviction Resolution Program: Understanding How it Works (Resolution Washington)
Information and Q&A sessions for landlords (every other Wednesday) and tenants (every other Tuesday) (Northwest Mediation Center)
Landlord-Tenant Law 2021 Legislative Update (Thurston County Volunteer Legal Services and Thurston County Healthy Homes Program)
Tenant Rights, the Eviction Moratorium, and Housing Updates (Eastside Legal Assistance Program)
Rent Smart Webinar: Payment Plans & What to Expect in Mediation (King County, registration required) — July 28 (Spanish), August 11 (English) (Solid Ground)
Threats of Eviction and Your Rights as a Tenant (King County, registration required) — September 8 (Solid Ground) (WB)
