Seattle, WA, has passed an ordinance that bars rental property owners from evicting renters during winter. While Seattle Mayor Jenny Durkan originally expressed concern about the legislation, Durkan allowed the ordinance to become law without her signature. Now passed, evictions are banned from December 1st to March 1st.
According to the Seattle Times, the council amended the original five-month ban to three, restricted the rule to low- and moderate- income renters, and exempts owners with four or fewer units. Seattle’s ordinance does not apply to evictions filed due to a renter engaging in criminal or nuisance activities, due to a resident exhibiting behaviors that jeopardize the safety of their neighbors, or to owner-occupied properties(like house-hacked properties … but is that good enough? And will this trend spread?
Are seasonal eviction restrictions a good idea?
This law was proposed with good intentions. From December to February, U.S. Climate Data shows that the average high is 47ºF, with the average low at 37ºF, and this ordinance aims to keep more renters from becoming homeless and on the streets during the dangerously coldest months. Especially when the average credit score during these months is comparatively low, these renters could be particularly vulnerable if evicted during this time.
On the other hand, laws barring evictions put landlords and property managers in a difficult position. The eviction process can be long, rigorous, and costly, and in the city of Seattle property owners are already under strict “just cause” eviction laws. If a renter does not pay their rent on the first of December, who’s to say if they’ll continue to pay until the first of March? Three months of lost rent, on top of the eventual legal fees for the eviction after March 1st, is a lot to ask.
What Now?
Now that the City of Seattle has passed the ordinance, affected rental properties will need to consult legal guidance in regards to Council Bill 119727.
For everyone else, it's unlikely that this legislation will spread for a while. Although some states do have laws barring evictions during extreme weather conditions or during a state-declared emergency, this ordinance is in a league of its own. In true Seattle fashion, the city is the first to pass an ordinance banning evictions on a seasonal-basis - and it's likely most legislators will want to wait and see how this will pan out before proposing it in their cities and states.