SB 5197 – Eviction Processes

Addressing landlord-tenant relations by providing technical changes to eviction notice forms and modifying certain eviction processes.

Sponsors: Kuderer, Saldaña, Frame, Nguyen, Nobles, Wellman, Wilson, C.

Status:  Amended version passed out of (S) Housing on Feb. 8, referred to Rules Committee

Summary

• Provisions of the bill we Oppose:
  • Allows the tenant an extended period of time to reinstate the tenancy
    • Creates uncertainty in the eviction process outside of the courtroom and very likely will lead to Writs being served inadvertently for lack of communication by local Sheriff’s departments
    • Attorney fee increases
  • Show cause hearing whether or not the tenant responds
    • Cost of eviction actions increases where the tenant does not participate in the process for resolution of their nonpayment of rent issue
    • Already required in numerous counties.
  • Removes requirements to limit additional provisions
    • Under current programs, costs the State more money because we cannot address nonpayment of rent when it happens but have to wait 6 months to serve a notice
    • Rental assistance programs require us to provide a notice served on a tenant OR a Summons and Complaint in order to access funding
    • This is a reasonable restriction on rental assistance program overreach into the rental contract that addresses the issues before the court and makes all parties whole.
  • Removes 3 pay or vacates / reinstatement
    • Agreement made in 2019 that has never been applied
• Provisions of the Bill to Support
  • Strikes reference to the Eviction Resolution Pilot Program
  • Permits virtual testimony
  • Creates a TPP entitlement requiring State to pay rental assistance regardless of appropriation

Amended Bill

• Allows remote participation by any party in forcible and unlawful detainer actions.
• Allows judges to consider the validity or 14-day pay or vacate notices served as the basis for prohibition on eligibility for tenants to seek good cause judicial discretion.
• Extends permanently the exception to the prohibition on eligibility for good cause judicial discretion for tenants using the tenancy preservation program.
• Extends the period of time that landlords must suspend court action to allow for payment of emergency rental assistance funds from seven to 14 days.
• Removes language in the uniform 14-day pay or vacate notice requiring landlords to provide 14-day pay or vacate notices to dispute resolution centers upon expiration of the eviction resolution pilot program.

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