Did Seattle pass a law prohibiting evictions during the winter?
Yes, the Seattle City Council has passed legislation that prohibits certain evictions during the period December 1 to March 1. The legislation’s purpose is to prevent evictions during the winter months of those tenants who are behind in their rent and may become homeless if an eviction is carried out. The law applies only to rental properties in the city of Seattle. It’s important to note that the law exempts landlords with 4 or fewer rental units.
A tenant may raise a defense to an eviction hearing occurring during the period December 1 and March 1. However to exercise this defense, the tenant household must have low to moderate income, that is, household income must be at or below the Area Median Income (AMI). The court can dismiss the eviction, stay the proceedings until March 1, require the landlord to refile for eviction at a later date or take some other action except enter an order evicting the tenant.
Tenants will still be held responsible for rent during the months covered by the moratorium including fees and penalties.
An eviction regardless of the time of year is permitted for reasons such as:
- The tenant’s conduct has a substantial detrimental impact on or constitutes an imminent threat to the health or safety of the other tenants or the owner.
- The tenant fails to comply with a 3-day or 10-day notice for a drug-related activity nuisance, or maintenance of an unlawful business.
- The tenant, or with consent a sub-tenant, or guest has engaged in criminal activity on the property or on the public right-of-way abutting the premises. Criminal activity means drug-related activity and other criminal activity that affects the health or safety of other tenants or the owner.
- Removal of the unit from the market after receipt of a notice of violation.
- The owner seeks to reduce the number of individuals residing in the rental unit to comply with maximum occupancy limits.
- An emergency order exists requiring the unit(s) to be vacated.
The legislation covers other provisions such as assistance to tenants renting income-restricted or rent-restricted units and the establishment of a mitigation fund.
A landlord whose property is covered by the Seattle eviction moratorium should conduct his own research to determine full compliance requirements and restrictions.