The Washington Supreme Court ruled Thursday that the CARES Act’s 30-day eviction notice requirement for subsidized housing only applies to instances of nonpayment of rent.
The decision eliminates the universal 30-day notice requirement, allowing landlords to evict tenants in as little as three to 10 days. Congress passed the CARES Act in 2020 to provide economic relief through various means during the COVID-19 pandemic.
The CARES Act provided stimulus checks and eviction protections for subsidized housing and federally backed mortgages; however, except for nonpayment of rent, landlords in Washington must now follow state law for all other evictions, which they consider a win.
“The CARES Act,” according to the ruling, “was intended primarily to provide economic support to tenants during an emergency situation, not to alter the general eviction laws of every state.”
Previously, the Washington State Court of Appeals offered conflicting rulings. One division held that the 30-day notice requirement applied to all evictions, while the other ruled that it only applies to nonpayment of rent. The state Supreme Court upheld the latter on Thursday.
The justices heard oral arguments over King County Housing Authority v. Knight last November.
According to Thursday’s ruling, Angela Knight and her children lived in a rental managed by the housing authority. In 2023, KCHA served them with a three-day notice to vacate due to nuisance and criminal conduct at the unit. It also served notices multiple times from 2013 to 2018.
Among the incidents listed, law enforcement responded to the unit for shootings, stolen vehicles, and arrested two suspects, including Knight’s son.
“The unit contained evidence of drug activity, bullet holes, and dog feces,” according to the ruling, “and was missing smoke detectors when police and Housing Authority representatives entered it in January 2023, prior to issuing the vacate notice.”
Thursday’s ruling allows landlords to issue 10-day comply-or-vacate notices to tenants who violate lease agreements. The decision also enables landlords to issue three-day notices for “waste or nuisance upon the premises,” unlawful activity and/or interfering with neighbors.
The Center Square contacted KCHA for a statement but did not receive an immediate response. However, Spokane-based attorney Mack Mayo said the Knight decision returns a sense of normalcy.
“Landlords have been forced to provide notices with unnecessarily lengthy compliance deadlines for tenants whose behavior violates the lease, landlord policies, or law,” Mayo told The Center Square. “The Knight decision will let landlords return to the norm by getting problematic tenants out faster, based on shorter notice periods, and hopefully with less expense.”
The justices affirmed the latter Court of Appeals’ decision with the “clear statement rule.” They argued that landlord-tenant relationships are a state responsibility and that Congress would’ve made it clear if it intended to impose a permanent federal notice requirement.
“The clear statement rule requires Congress to make its intent “unmistakably clear” when intruding on an area traditionally regulated by the states,” according to the ruling. “That rule supports a narrower reading, limited to nonpayment of rent.”
Washington’s ruling sets a precedent, but the question remains as to how many other states will follow suit.
