A Seattle policy meant to reduce evictions after the end of the city’s eviction moratorium has been struck down by the Washington State Court of Appeals.
an ordinance the City Council passed in May 2020 said tenants who fell behind on rent and faced eviction could, for six months following the end of the moratorium, assert a defense in court if they self-certified that they suffered financial hardship and couldn’t pay the rent.
In a written decision Monday, the Court of Appeals upheld other city protections, but said the six-month eviction defense “deprives the landlords of their property interest without due process by not affording them the opportunity to test the veracity of a tenant’s self-certification of financial hardship.”
The Rental Housing Association of Washington, which represents landlords and sued the city over the rental regulations, said in a statement: “We are grateful for the Court’s decision, which stops the cycle of debt for housing providers and residents trapped in Seattle’s ongoing COVID-19 eviction ban.”
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