Washington Supreme Court hands landlords major victory after CARES Act challenge
This story was originally published on MyNorthwest.com.
The Washington Supreme Court ruled last week that the CARES Act's 30‑day eviction notice requirement for subsidized housing applies exclusively to cases of nonpayment of rent, allowing landlords to follow state law—and issue shorter notices—in other eviction matters. The decision was unanimous.
'The context of the CARES Act… demonstrates that it was intended primarily to provide economic support to tenants during an emergency situation, not to alter the general eviction laws of every state,' the Court explained.
With this interpretation, landlords in Washington may now issue 10‑day comply‑or‑vacate notices for breaches of lease agreements and even 3‑day notices for issues such as nuisance, waste, or unlawful activity.
The decision comes amid conflicting rulings from the Washington State Court of Appeals and resolves the dispute in the case of King County Housing Authority v. Knight.
The case involved Angela Knight and her children, who resided in a unit managed by the King County Housing Authority (KCHA). In 2023, following repeated incidents dating from 2013 to 2018—including responses by law enforcement to shootings, stolen vehicles, and arrests—the housing authority served Knight with a three‑day notice to vacate for nuisance and criminal conduct.
But Knight did not leave and the King County Superior Court concluded that the subsidized housing fell under the CARES Act's 30-day notice requirement for evictions.
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In the opinion, the Court underscored the traditional state role in landlord‑tenant matters, noting that, 'The clear statement federalism rule is a canon of interpretation that requires Congress to make its intent ''unmistakably clear' when enacting statutes that would alter the usual constitutional balance between the Federal Government and the States.'
This precedent-set ruling allows landlords to move more swiftly in addressing problematic tenancy situations by reverting to the notice periods established under state law.
The opinion reinforces that while the CARES Act provided vital emergency relief during the COVID‑19 pandemic—including protections for tenants in subsidized housing—it was never intended to permanently supplant state eviction procedures.
Justice Barbara Madsen authored the opinion.
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