Senate passes bill banning no-cause evictions, 28-21

Landlords may be required to provide reasoning before ending a tenancy if a bill is signed into law during this year’s state legislative session. The Senate passed House Bill 1236 in a 28-21 vote during a virtual legislative debate Thursday and it heads back to the House with the Senate’s amendments.

HB 1236 would modify the Residential Landlord-Tenant Act by specifying “exclusive causes for eviction, refusal to renew a tenancy and termination of a tenancy,” according to the bill’s text.

Current law allows landlords to terminate a tenancy, without reasoning, by giving at least a 20-day written notice. Landlords looking to demolish or substantially renovate a property must provide a 120-day notice.

Sen. Patty Kuderer, D-Bellevue, said during the virtual legislative debate Washington is currently facing an “eviction crisis.” Over 200,000 Washingtonians are behind on rent and will face eviction once the state’s eviction moratorium is lifted, she said.

HB 1236 would provide flexibility and protect both landlords and tenants alike, Kuderer said. Without this bill, the communities all legislators represent may have a greater risk of getting evicted and becoming homeless, she said.

“Home is critical to everything,” Kuderer said. “That is what we’re trying to preserve here today.”

Under HB 1236, landlords may not evict, refuse to continue a tenancy or terminate a tenancy unless the failure to pay rent did not accumulate between March 1, 2020, and the end of a declared COVID-19 public health emergency, according to the bill’s text.

If a tenant has unpaid rent accumulated between the said timeframe, the landlord must offer the tenant a payment plan of “not more than one-third of the tenant’s monthly rent,” according to the bill’s text.

Landlords also cannot evict, refuse to continue a tenancy or terminate a tenancy unless a local agency deems the property uninhabitable, according to the bill’s text. The landlord must give a 30-day notice to the tenant.

Sen. Mark Schoesler, R-Ritzville, said during the virtual legislative debate HB 1236 “is a totally one-sided bill.” The bill only protects big landlords and places small landlords at a disadvantage.

Sen. Phil Fortunato, R-Auburn, said during the virtual legislative debate HB 1236 is “slanted away” from housing providers and places them in jeopardy of losing their property.

“We want to make sure (people are) not getting evicted for no reason,” Fortunato said, “but by the same token, we can’t put such a strain on landlords that they wind up not being able to pay their mortgages and sell their units.”

The House passed HB 1236 on March 7 in a 54-44 vote. April 25 is the last day for this year’s state legislative session.

During the morning session, the Senate also approved these bills:

HB 1325 (in a 49-0 vote): Makes the Partnership Access Line for Moms and Mental Health Referral Service for Children and Teens programs permanent. Rep. Tom Dent, R-Moses Lake, is co-sponsoring this bill. The bill now heads to the governor’s desk.

HB 1514 (45-4): Modifies the state’s definition of ride-sharing. The bill will return to the House to consider the Senate’s amendments.