Supreme Court to Hear CARES Act Notification

The Washington Supreme Court has agreed to review whether the Coronavirus Aid, Relief, and Economic Security Act's (CARES) eviction notice requirement only applies to tenants late on rent, or all tenants including those who have violated other lease provisions or who pose a threat to the property, neighbors, or staff.

At issue is two conflicting lower appellate court rulings on how broadly the CARES Act notice applies and the what remedy is available to landlords when confronted with tenants engaged in criminal activity that puts others at risk.

In February, a panel of the Washington State Court of Appeals, Division I, sided with the King County Housing Authority, which served a three-day eviction notice on tenants allegedly involved with drugs and a shooting.

In a published opinion, the three-judge panel said the plain, unambiguous meaning of the CARES Act applies only to evictions stemming from nonpayment of rent. The judges said they doubted Congress intended to leave landlords "helpless" for weeks before being able to kick out tenants engaged in "antisocial activity."

The February published opinion set up a court split following a January opinion in another case by a separate Washington appellate court panel that said the CARES Act's eviction notice requirement applies beyond late-rent cases.

The case is The Housing Authority of the County of King v. Angela Knight et al. in the Washington State Supreme Court.

WMFHA will be watching this case closely and will keep members informed as it progresses.