A BALANCING ACT: King County Courts and Seattle City Council Address Eviction Reforms

Over the past two years, the eviction process in King County has been broken and a major focus of RHAWA has been trying to fix it, both at the local level and state level. While the length of time that it currently takes to evict a tenant who refuses to pay rent or who posses a threat to other tenants is extremely frustrating and costly to housing providers, we are pleased to see elected local officials taking action to address the situation.

King County Superior Court has announced new measures to tackle the significant backlog of unlawful detainer (eviction) cases, a move that offers a partial victory for housing providers seeking timely resolutions. The changes, effective August 12, 2024, are a response to the challenges we have faced during the pandemic, with the court aiming to increase efficiency and fairness in handling these cases.

“RHAWA applauds these new actions the court will undertake. Led by Presiding Judge Keta Shah, these measures should modestly help reduce the backlog of unlawful detainer hearings the court is facing,” said RHAWA President Sean Flynn. “While the court is taking steps to address this serious matter, it doesn’t solve the underlying problem created by the state and some local elected officials.”

In 2019, the state legislature passed bills that substantially reduced housing providers' ability to properly enforce provisions of the leases they sign with their tenants. In addition, local jurisdictions, such as Seattle adopted other anti-housing provider laws to limit their ability to properly manage their rental units. RHAWA is working at the city and state level to address these issues in the coming months. In the meantime, we can look forward to assessing whether reforms made by the King County Superior will be effective.

KEY UPDATES

• New Hearing Process: Eviction cases will now be heard in the Court's Ex Parte Department, streamlining procedures.

• Expanded Calendar: The court will offer more hearing dates and times, potentially speeding up the process for landlords waiting on delayed cases.

• Increased Judicial Resources: More judges will be available to handle the increased number of eviction cases, which have piled up due to legislative changes and eviction moratorium.

A STEP IN THE RIGHT DIRECTION

These updates are designed to help reduce the backlog of cases, a significant concern for landlords who have faced prolonged uncertainty and financial strain. By improving the hearing process and expanding availability, the court aims to provide quicker resolutions.

NEW SYSTEM DETAILS

• Two-Part Hearings: Cases will now involve a first and second show cause hearing, conducted via Zoom.

• Initial Hearing Schedule:

o Timing: Four days a week (Monday-Thursday), from 8:30 a.m. to noon.

o Focus: The initial hearing will screen for representation needs, decide on a 30-day continuance, assess readiness for a contested or one-party default hearing, and determine if a commissioner should handle specific cases.

MORE WORK AHEAD 

While these changes represent progress, there is still a long way to go. Housing providers will benefit from the increased efficiency and resources, but the system must continue to Tim Hatley evolve to address the challenges of the post-pandemic landscape. The target of processing 50 cases per calendar is a positive step, but the real victory will be achieved when the backlog is fully resolved, and housing providers can rely on a timely and effective judicial process.

In addition to the Superior Court action, King County Council member Reagan Dunn has introduced legislation at the County Council requesting an audit of how the Housing Justice Project (HJP) is spending taxpayers' dollars on their efforts to delay the eviction process on behalf of tenants who do not pay rent. While Council member Dunn’s motion has yet to be scheduled for a committee hearing, we hope there will be one soon. HJP’s concerted efforts to delay the eviction process denies housing providers ability to manage their properties, to cover improvement costs, and ensure proper tenant safety.

Finally, word has been leaking out about potential legislation at the Seattle City Council that would address the issue of the winter eviction moratorium and other related laws the council passed over the past six years. We shall see if these efforts move forward