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Wash. Supreme Court published opinion — 1029055.pdf

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Wash. Supreme Court published opinion — 1029055.pdf
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Washington (state)
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At least one federal executive agency agrees with a limited reading of § 9058(c).

The Rural Housing Service of the United States Department of Agriculture (USDA)

issued a final rule amending its program on housing loans and grants to require recipients

to provide tenants with 30 days’ notice prior to an “eviction action for nonpayment of

rent, as statutorily required by the” CARES Act. 7 C.F.R. § 3560. The rule explains

“[t]he requirement to provide 30 days’ notice prior to eviction for nonpayment of rent is

statutory and has been in effect since the enactment of the CARES Act on March 27,

2020.” Id. The final rule’s 30-day notification requirement for failure to pay rent “is

consistent with this requirement of the CARES Act, where ‘The lessor of a covered

dwelling unit [. . .] may not require the tenant to vacate . . . before the date that is 30 days

after the date on which the lessor provides the tenant with a notice to vacate.’” Id. (first

alteration in original) (quoting 15 U.S.C. § 9058(c)(1)). The USDA’s housing division

interpreted subsection (c)’s 30-day notice provision as applying to evictions for

defaulting on rent. We afford an agency interpretation deference, provided it aligns with

the plain language of the statute. Port of Seattle v. Pollution Control Hr’gs Bd., 151

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For the current opinion, go to https://www.lexisnexis.com/clients/wareports/.
Hous. Auth. v. Knight, No. 102905-5

Wn.2d 568, 612, 90 P.3d 659 (2004). As discussed above, the USDA’s interpretation

aligns with the plain language of 15 U.S.C. § 9058(c).

In support of his reading, Knight primarily contends that the notice provision is

freestanding and that it effectively extended the moratorium to all evictions during the