‘Obsolete provisions’: Spokane repeals COVID-19 pandemic tenant protections

(The Center Square) – During its weekly meeting, the Spokane City Council voted to adopt Ordinance No. C36417 amending much of the local process surrounding rental assistance programs, back rent, and eviction processes. Put forth as an emergency measure, after passing unanimously with a 6-0 vote, the changes to Spokane Municipal Code took effect immediately.

The ordinance was focused on residential rental housing regulations, and repealed the entirety of Spokane Municipal Code Title 18 Chapter 8, or the Human Rights Rental Assistance Programs portion of the code.

A statement released by the council after adoption of the ordinance noted that SMC 18.08, which was adopted in January of 2022 while COVID 19 pandemic protections were still evolving, has since “become obsolete after termination of the statewide eviction moratorium and the July 1, 2023.”

“While initially essential during the pandemic, provisions of SMC 18.08 needed to be reevaluated following the termination of the statewide eviction moratorium and related rental assistance programs,” Councilmember Michael Cathcart said in a statement following adoption of the ordinance.

One local, who commented during Monday’s meeting, worries passage of the ordinance sends the wrong message.

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“I’m worried that this is going to give out some misinformation and that tenants will feel they don’t have protections. They do,” said Teri Anderson, statewide policy director for the Tenants Union of Washington State.

“More than anything, I’m here so that if any renters are listening or hear about this, I want them to know they still have the right to council even if you repeal this ordinance,” she added.

The council’s own Frequently Asked Questions document, released after passage of the ordinance, addressed that very subject.

“Do Tenants facing evicted have a right to legal counsel?” the document asked, before answering, “Low-income Tenants that qualify do have a right to counsel. See RCW 59.18.640 for more information. Tenants can also call the Northwest Justice Project’s Eviction Defense Screening line at 1-855-657-8387 or Apply Online to see if they qualify.”

The change does not allow landlords to evict tenants for back rent accrued prior to May 1, 2023, provided tenants are offered a reasonable payment plan for back rent accrued between March 1, 2020 and April, 30 2023.

It is also noted that landlord participation in the Eviction Resolution Pilot Program is “no longer a pre-requisite to filing court eviction proceedings for non-payment of rent.”

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