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Seattle weighs options after court strikes down ‘Eviction Defense for Renters’

A key component of Seattle’s efforts to protect renters from eviction as the city emerges from years of COVID-19 restrictions has been struck down by the Washington State Court of Appeals.

CHS reported here in May 2020 on Seattle’s “Eviction Defense for Renters,” a policy that was designed to provide renters with a six-month cushion after the lifting of COVID-19 eviction restrictions. The Seattle City Council legislation from then council president M. Lorena González was intended to create “a defense a tenant may use for six months should a landlord take their tenant to eviction court” and establish that renters can use “non-payment of rent for any reason as a defense to eviction, as long as they submit a declaration of financial hardship to the court.

Monday, the appeals court agreed with the landlord-friendly Rental Housing Association of Washington, ruling that the eviction defense deprives landlords of due process. Meanwhile, the court upheld Seattle’s ban on wintertime evictions.

It is not clear what steps City Attorney Ann Davison’s office will take. The office could file a motion to reconsider and or request a review by the state Supreme Court.

Councilmember Kshama Sawant says she has directed her office to prepare legislation to change the city’s law in response to the court ruling.

In February, Mayor Bruce Harrell decided to end the long string of extensions of Seattle’s eviction restrictions with his administration and many officials at City Hall pointing at the defense and other programs put in place during the pandemic as important protections to stave off a possible wave of evictions in the city.

“The challenged protections remain in place until final action by the appellate courts,” Harrell’s office said in a statement. “The Mayor’s Office is in communication with the City Attorney’s Office on next steps as they evaluate this ruling and a potential appeal.”

 

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d4l3d
d4l3d
2 years ago

So will the court then provide storage and accommodations to the renter in question to preserve the renter’s due process or will the court wash it’s hands because the renter has no fixed address/homeless and can’t meet the court’s requirements for defense? Will they finally have shelter because they’ve been jailed for non-appearance?

Seaside
Seaside
2 years ago
Reply to  d4l3d

So you want the court to sanction legalized theft !!