Seattle City Council Passes Right to Counsel Ordinance 

By Michael Safren, Esq.

The laws, statutes, ordinances, and requirements related to residential landlords and tenants have always changed and developed over time.  However, since the outbreak of Covid-19 pandemic, a number of significant changes in landlord/ tenant laws and processes have occurred including a state-wide eviction moratorium running through June 30, 2021, an eviction moratorium for the city of Seattle running through June 30, 2021, and a Supreme Court order requiring participating in the Eviction Resource Program. 

On March 29, 2021, the Seattle City Council passed a new ordinance, CB 120007, also known as “the right to counsel” which provides free legal counsel to any “indigent” residential renter in Seattle responding to an unlawful detainer suit.  A person is “indigent” if they are unable to pay the cost of counsel for representation in the unlawful detainer suit, at any stage in the suit, because the person’s available funds are insufficient to retain counsel. Free counsel would be provided though appropriate organizations that are experienced in representing tenants, such as Housing Justice. 

Another important facet of this new ordinance requires landlords to provide notice to the tenant of their right to counsel in any notice required by Seattle Municipal Code under subsection 22.206.160.C, such as 14-day eviction notices, certain termination of tenancy notices, and certain notices for tenant relocation. Failure to include the required language on any notice issued pursuant to subsection 22.206.160.C is a defense to eviction.

Why Is Tenant Access to A Free Attorney Significant to You as a Landlord?

When tenants have access to attorneys, landlords are less likely to prevail in eviction actions.  In an unpublished study by Housing Justice Project on Seattle evictions in 2019 found that 52% of tenants with attorneys during their evictions were able to stay in their homes, while only 8% of those with no representation stayed in their homes.  Reports from New York, which earlier adopted a right to counsel law, found that 86% of the people who were represented in an eviction proceeding avoided an eviction. 

Tenant attorneys review the myriad of laws, local ordinances, and court mandated processes to try to find some error or failing by the landlord to prevent the eviction.  Everything from the tenant screening process, the lease agreement, the maintenance history, registration and licensing requirements for the property itself, the payment history, the provision of required disclosures, the posted notices, the service of process, and summons and complaint are all subject to scrutiny.  Even if the tenant attorney cannot find a valid basis for challenging the eviction, tenant attorneys are likely experienced in appearing in Court before the same judges and commissioners who will hear the case and can make appeals for the Court to consider some of the human factors allowable under RCW 59.18.410 to force a payment plan or just delay signing the order to grant the writ of restitution.

The “Right to Counsel” ordinance is significant to property owners and landlord outside the city of Seattle as well.  Cities and municipalities over the course of time tend to adopt many of the landlord/ tenant ordinances that are first enacted in Seattle. Second, a similar “right to counsel” provision is currently under consideration (SB 5160) by the Washington state legislature and if enacted would apply statewide.

What Can You Do as a Landlord?

Because residential landlords will likely face further scrutiny when proceeding with an eviction action against a tenant, Landlord should review their practices, process, documentation, lease agreements, and communications with their tenants to ensure that they comply with all applicable laws, ordinances, and statutes.

A landlord would be wise to speak with an attorney who is experienced with the complex, exhaustive, and overlapping sets of rules, regulations, laws, and ordinances to better understand the applicable laws, statutes, and ordinances based on the location of the property, the type of tenancy, and the number of tenants that a Landlord has.  Furthermore, if necessary, a landlord may consider, after careful consultation with an attorney, modifying their practices, process, documentation, lease agreements, and communications with their tenants to ensure that they comply with all applicable laws and can successfully fend off challenges by tenant attorneys.

If you have questions about the Seattle “Right to Counsel” ordinance or how the recent changes in the Residential Landlord/ Tenant laws impacts you, please contact our offices to discuss your individual concerns.

 Michael Safren is a Partner at The Law Offices of Jenny Ling, PLLC.  His practice focuses on business, real estate, probate, and civil litigation.