Washington Supreme Court Sides with RHAWA: Major Victory for Housing Providers in Housing Authority

In a significant legal victory for rental housing providers, the Washington State Supreme Court has agreed with RHAWA’s position that the CARES Act’s 30-day notice requirement applies only to evictions for nonpayment of rent—not to all evictions. This ruling in Housing Authority of King County v. Knight clarifies an important aspect of federal law, resolves conflicting lower court interpretations, and upholds landlords' ability to address serious lease violations in a timely manner.

Background of the Case

The case arose when the King County Housing Authority (KCHA) sought to evict a tenant, Andre Knight, for repeated nuisance and criminal activity at the property. The Housing Authority had documented years of violations, including police reports of shootings, stolen vehicles, and drug-related incidents. After multiple warnings and failed compliance efforts, KCHA served Knight a three-day notice to vacate in accordance with Washington state law for nuisance-related evictions.

However, the trial court dismissed the eviction action, ruling that the CARES Act required a 30-day notice, even for lease violations unrelated to rent. A split emerged in the Washington Court of Appeals—Division Two (Pierce County and South) held that the CARES Act's notice requirement applied to all evictions (Pendleton Place, LLC v. Asentista), while Division One (King County and North) ruled it applied only to nonpayment of rent (Housing Authority v. Knight). Given this conflict, the Washington Supreme Court granted review.

Washington Supreme Court’s Decision

The Court firmly sided with the narrower interpretation, ruling that the CARES Act’s 30-day notice requirement applies only to evictions based on failure to pay rent. The justices highlighted that:

• The CARES Act was designed as emergency economic relief during the COVID-19 pandemic, primarily to prevent tenants from being evicted due to financial hardship.
• The statute’s notice provision must be read in conjunction with its eviction moratorium, which was explicitly limited to nonpayment of rent.
• Expanding the 30-day notice requirement to all evictions would override state landlord-tenant laws and traditional property rights—an action that Congress would have had to make “unmistakably clear,” which it did not.

In short, the Court ruled that Washington landlords are not required to provide 30-day notices for lease violations unrelated to rent, restoring the state’s established eviction procedures for cases involving nuisance, criminal activity, and safety concerns.

RHAWA’s Role and Why This Matters

RHAWA played a pivotal role in this case by submitting an amicus curiae (friend of the court) brief, advocating for the correct interpretation of the CARES Act. This legal effort was fully funded by our Legal Defense Fund (LDF), which relies entirely on donations from our members.

This ruling is a major win for housing providers because it:

• Prevents unnecessary delays in evictions related to serious lease violations.
• Restores clarity and consistency in Washington’s landlord-tenant laws.
• Reinforces that federal regulations should not override established state eviction procedures unless explicitly stated.

Our Legal Defense Fund made this victory possible, and continued member support is critical to defending against overreach and protecting housing providers' rights. Please consider donating to the LDF today to help us continue fighting for fair and balanced housing policies. Donate to the Legal Defense Fund here.

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What’s Next for Housing Providers?

While this decision is a victory, housing providers must remain vigilant as tenant advocates continue pushing for expanded eviction protections through legislation and local ordinances. RHAWA will continue to monitor developments, advocate for fair housing policies, and provide resources to ensure members stay informed and compliant.

We also note that a bill has been introduced into both the Senate and House of Representatives to fully repeal the CARES Act. Given it was only meant to be a temporary law, we hope that the bill passes. Some wind was added to the sails when Iowa Supreme Court ruled that it had expired entirely, including for non-payment.

This case underscores the importance of legal advocacy and why RHAWA remains committed to protecting the rights of rental housing providers. If you have questions about this ruling or need legal guidance, please contact our team or visit our advocacy resources.

Stay informed. Stay engaged. Support the Legal Defense Fund. Together, we ensure a fair and balanced rental housing system in Washington State.

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