During the COVID-19 pandemic, Congress enacted the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”). Section 4024 of the CARES Act (codified at 15 U.S.C. § 9058) established a 30-day notice period for certain eviction notices at properties subject to the terms of the CARES Act, including those which participate in certain Federal programs (e.g., Low Income Housing Tax Credit) and/or with Federally-backed loans.
Over the past year, there have been conflicting Washington court interpretations of the notice provision in 15 U.S.C. § 9058(c), resulting in a split of authority between two divisions of the Washington State Court of Appeals. More specifically, Division II of the Court of Appeals held the CARES Act required a minimum of 30-days’ notice to tenants at CARES Act covered properties for all eviction notices, regardless of the basis for eviction. Sherwood Auburn LLC v. Pinzon, 24 Wn. App. 2d 664, 521 P.3d 212 (2022). In contrast, Division I of the Court of Appeals determined that the 30-day notice requirement in § 9058(c) applies only to evictions stemming from the non-payment of rent, and thus, landlords are able to issue notices for shorter time periods where allowed by State and local law. King County Housing Authority v. Knight, Court of Appeals Division I, Case No. 85031-8-I.
After the ruling in Knight, the HJP petitioned the Washington State Supreme Court for review of Division I’s decision. Attorneys of Montgomery Purdue participated in oral argument before the Supreme Court on November 21, 2024, after which the Court took the matter under advisement. The Supreme Court’s decision is currently pending and is expected to be issued in early 2025. The decision is anticipated to provide clarity regarding application of the notice requirement under § 9058 and has the potential to affect the eviction notice process for a significant number of Washington landlords. Further updates will be provided here as the case progresses.
Please feel free to contact Briana Irani or any of our other attorneys specializing in landlord-tenant law if you are a Washington landlord looking for legal help.