Understanding Washington's New Tenant Protections: Know Your Rights Presentation
Explore key aspects of Washington's new tenant protections through a presentation by Tacoma Pro Bono's Housing Justice Project. Learn about tenant rights, late fees, repayment plans, eviction resolution options, and the Eviction Resolution Pilot Program (ERPP). Discover how these laws impact landlords and tenants in Washington state.
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Washingtons New Tenant Protections KNOW YOUR RIGHTS A Presentation by Tacomaprobono s Housing Justice Project
NEW TENANTS RIGHTS IN WASHINGTON HOUSING LAW NEW COURT DECISIONS AFFECTING ACCESS TO HOUSING OVERVIEW HOW TO GET HELP
REPAYMENT PLANS, LATE FEES & OTHER NEW RULES NEW LANDLORD- TENANT LAWS EFFECTIVE IN 2021 ESTABLISHED NEW RIGHTS EVICTION RESOLUTION PILOT PROGRAM (ERPP) JUST CAUSE EVICTIONS RIGHT TO COUNSEL
New Washington Laws What to Know About Late Fees and Missing or Late Rent Landlords cannot charge any late fees for missing or late rent from March 1, 2020, until December 31, 2021. If you are moving, then your old landlord cannot tell your new landlord about any missing rent from March 1, 2020, through December 31, 2021. A new landlord cannot use any missing rent from March 1 ,2020, through December 31, 2021, as a reason to not rent to you. Landlords who do any of these things can be sued for 2.5 times the monthly rent!
New Washington Laws What to Know about Repayment Plans If a tenant has any unpaid rent from March 1, 2020, through December 31, 2021, then the landlord must offer the tenant a repayment plan before starting the eviction process. Landlord must give tenant 14 days to respond to repayment plan offers. The maximum amount any payments can be is 1/3 of the rent The landlord must give at least 30 days before the first payment is due. If you agree to a repayment plan, your landlord must accept money from any source (nonprofits, churches, rental assistance, etc.) for your payments. You do not need to agree to what the landlord is offering! Court will look at your circumstances and loss of money because of COVID. Landlord who do not offer repayment plans cannot evict tenants for nonpayment!
You must be given an opportunity to use ERPP before the landlord tries to evict you for not paying rent (until July 2023). Evictions If You Owe Rent New Program (ERPP) The Eviction Resolution Pilot Program (ERPP) helps landlords and tenants work out payment plans and work with rental assistance to avoid eviction for not paying rent
ERPP What to Know The ERPP uses the Center for Dialog & Resolution (CDR) to solve missing rent issues between landlords and tenants. The CDR staff are neutral not on your side or the landlord s side CDR is trained to get people to talk and figure out solutions If the CDR cannot resolve the issue, the CDR reaches out to provide you with legal assistance through Housing Justice Project (HJP) If the entire ERPP process does not fix the eviction issue (rental assistance, repayment plan, etc.), then CDR will issue a certificate allowing the landlord to start the court process for eviction
ERPP What to Know Usually started with ERPP notice that is given with the repayment plan offer You must respond to the ERPP notice (see following slides) If you do not work with the ERPP process, a certificate will issue allowing the landlord to start the court eviction process Either a landlord or the tenant may reach out to the ERPP for assistance The ERPP is a free service no cost to you or the landlord
ERPP Rules The ERPP Notice https://www.courts.wa.gov/content/publicUpload/Eviction%20Resol ution%20Program/ERPP%20Notice%20and%20Resource%20Infor mation%20Form%20July%202021.pdf
ERPP Rules What to Know about Rental Assistance If repayment is not an option, tenants OR landlords can immediately apply for rental assistance: http://www.piercecountywa.gov/7142/Rental-Assistance Once a tenant has their rental assistance application accepted, they cannot be evicted for non-payment of rent Rental assistance takes time hang in there
Prior to May 2021, a landlord could evict a month-to-month tenant with 20 days notice without giving any reason. NEW LAW JUST CAUSE Since May 10, 2021, landlords must have one of the 16 specific just causes (reasons) in order to ask you to move. A landlord who removes a tenant without a just cause can be sued by a tenant for the greater of (1) all economic and non-economic damages, or (2) THREE times the monthly rent, PLUS attorney fees and court costs.
Just Causes & Required Notices Non-Payment of Rent. 14-day notice to pay or vacate. Repayment plans required Participation in ERPP required Breach of Rental Agreement. 10-day notice to comply or vacate. You must fix the problem within 10 days or the landlord can move forward with eviction Waste or Nuisance. 3-day notice to quit for waste or nuisance. Your landlord is asking you to move in just 3 days. No chance to fix. Get legal assistance immediately.
Just Causes & Required Notices Landlord Intends to Move Into Your Place. 90-day notice to vacate. Can be immediate family moving in too Cannot have a similar place available in the building If you have a lease, then you can live out your lease 90 days does not apply Selling the Single-Family Residence. 90-day notice to vacate. If you have a lease, then you can live out your lease 90 days does not apply Demolish, Substantially Rehabilitate or Change in Use. 120-day notice to terminate.
More Just Causes & Required Notices Conversion to Condominiums. 120-day notice to vacate. Premises Condemned. 30-day notice to vacate or as much notice as possible. Happens when code compliance is shutting the place down because of code violations Shared Housing with Landlord. 20-day notice to vacate. Must share kitchen or bathroom with landlord Transitional Housing. 30-days advance notice to vacate when program has expired, tenant aged out, or completed the program. Failure to Sign New Rental Agreement. New rental agreement must be provided to tenant at least 30 days prior to expiration of current lease. Does not apply to month-to-month tenancies.
More Just Causes & Required Notices Lying on Rental Application. 30-day notice to vacate. Legitimate Economic or Business Interest. 60-day notice to vacate. Repeated Lease Violations Other Than Monetary Violations. 60-day notice to terminate after the 4th lease violation in 12 months. Landlord can give you the notice even if you fixed the previous notices Sex Offender Registration. 60-day notice to vacate if tenant is required to register during tenancy or failed to disclose requirement to register. Sexual Harassment. 20-day notice to vacate Applies if harassing landlord, landlord staff, or another tenant.
Rent increases were allowed to begin again on July 1, 2021. - Washington law requires 60-day notice before rent increase can take place. JUST CAUSE AND RENT INCREASES After October 31, 2021, evictions for non-payment of rent are allowed; ERPP participation is mandatory and eviction process cannot begin without certification from CDR
Low-income tenants (under 200% FPL) facing eviction have a right to be represented by the Housing Justice Project during their eviction hearing. RIGHT TO COUNSEL Contact the Housing Justice www.tacomaprobono.org Project at www.tacomaprobono.org, hjp@tacomaprobono.org or (253) 572-5134 or meet us in court hjp@tacomaprobono.org
Drug Possession Convictions NEW COURT DECISIONS AFFECT ACCESS TO HOUSING Driver License Suspensions
Drug Possession Convictions Can Be Cleared State v. Blake State v. Blake is a recent Washington State Supreme Court decision that says the state s drug possession law is unconstitutional. If you were convicted of drug possession on or before February 25, 2021, you can get those convictions cleared ( vacated ) and removed from your criminal record. You may also get a refund of the legal financial obligations (LFOs) you paid on your drug possession case. This decision applies to those currently serving time and those no longer incarcerated.
State v. Blake Resources Pierce County Department of Assigned Counsel Online application The Way to Justice: call 509-822-7514 or email contactus@waytojustice.com Civil Survival: email info@civilsurvival.com (western Washington only) Northwest Justice Project: Apply Online or call CLEAR 1-888- 201-1014 weekdays 9:15 a.m. until 12:15 p.m.
If your driver s license was suspended, you may be able to get it back The Department of Licensing can no longer suspend driver s licenses because of unpaid non-criminal traffic tickets or failure to appear at a hearing. Eligible suspended licenses are reinstated as of June 16, 2021. If your previously suspended license is expired, you must renew it before you can drive. You will not be charged the $75 fee. BUT, even if your license is reinstated, you still owe the fines. DOL can still suspend your license for criminal traffic violations (DUI, reckless driving).
Driver License Reinstatement Resources To check the status of your license: dol.wa.gov/licenseexpress.html More resources: http://relicensed.org/ WashingtonLawHelp Driver License Reinstatement Information & Resources
HOW TO GET HELP Tacomaprobono Community Lawyers Online intake WashingtonLawHelp (self-help resources, forms, information) https://www.washingtonlawhelp.org
