Wash. Court of Appeals published opinion — D2 55915-3-II Published Opinion.pdf

Citation: Wash. Court of Appeals published opinion — D2 55915-3-II Published Opinion.pdf
Jurisdiction: Washington (state)
Source verification: official_capture_completeness_unverified
Original Source: https://www.courts.wa.gov/opinions/pdf/D2%2055915-3-II%20Published%20Opinion.pdf ↗

Related Parts of This Source

Full Text

1,744 chars

Proclamation 20-19.1 adopted different and expanded language, generally prohibiting,

under RCW 43.06.220(1)(h), landlords from engaging in a number of activities, including: (1)

“serving or enforcing, or threatening to serve or enforce, any notice requiring a resident to vacate

any dwelling . . . , including but not limited to an eviction notice, notice to pay or vacate, notice

of unlawful detainer, notice of termination of rental, or notice to comply or vacate”; and (2)

“seeking or enforcing, or threatening to seek or enforce, judicial eviction orders.” Proclamation

20-19.1 at 3-4. All the subsequent proclamations contained these prohibitions.

Proclamation 20-19.1 and subsequent proclamations contained an exception if the

prohibited eviction activities were “necessary to respond to a significant and immediate risk to

the health or safety of others created by the resident.” Proclamation 20-19.1 at 3. Proclamation

20-19.2 and subsequent proclamations added an exception for when the property owner planned

to personally occupy or sell the rental property. Proclamation 20-19.2 at 3.

Proclamation 20-19.1 also contained the following provision:

Except as provided in this paragraph, landlords, property owners, and property
managers are prohibited from treating any unpaid rent or other charges related to a

8
For the current opinion, go to https://www.lexisnexis.com/clients/wareports/.
No. 55915-3-II

dwelling or parcel of land occupied as a dwelling as an enforceable debt or
obligation that is owing or collectable, where such non-payment was as a result of
the COVID-19 outbreak and occurred on or after February 29, 2020.

Proclamation 20-19.1 at 4. However, this prohibition contained the following exception: