Washington Supreme Court Upholds Eviction Moratorium During COVID-19 Pandemic
In a 5-4 ruling on September 28, 2023, the Washington Supreme Court upheld the eviction moratorium that was issued by Governor Jay Inslee during the COVID-19 pandemic. The moratorium, which was in effect from March 2020 to October 2021, prevented landlords from evicting tenants for non-payment of rent.
The case, Gonzales v. Inslee, was brought by a group of landlords who argued that the governor did not have the authority to issue the moratorium. The landlords claimed that the moratorium violated the state constitution and that it was an overreach of executive power.
However, the Supreme Court ruled that the governor did have the authority to issue the moratorium under the state’s Emergency Management Act. The court found that the pandemic constituted a state of emergency and that the moratorium was necessary to protect the public health and safety.
The court also found that the moratorium did not violate the state constitution. The landlords argued that the moratorium violated the contracts clause of the constitution, which prohibits the government from impairing contracts. However, the court found that the moratorium did not impair contracts because it did not cancel tenants’ obligations to pay rent. Instead, the moratorium simply delayed the consequences of tenants failing to pay rent.
The court’s decision is a victory for tenants who were struggling to pay rent during the pandemic. The moratorium helped to prevent thousands of people from being evicted from their homes. The decision is also a reminder that the government has the power to take extraordinary measures to protect the public during a state of emergency.
Implications of the Ruling
The Supreme Court’s ruling in Gonzales v. Inslee has a number of implications for tenants, landlords, and policymakers.
For tenants, the ruling means that they will not be evicted for non-payment of rent during the pandemic. This is a significant relief for tenants who have been struggling to make ends meet.
For landlords, the ruling means that they will have to wait until the pandemic is over to evict tenants for non-payment of rent. This could be a financial hardship for landlords who have been unable to collect rent from their tenants.
For policymakers, the ruling is a reminder that the government has the power to take extraordinary measures to protect the public during a state of emergency. The ruling also highlights the importance of having clear and concise laws in place to govern the government’s response to emergencies.
Conclusion
The Washington Supreme Court’s ruling in Gonzales v. Inslee is a victory for tenants and a reminder that the government has the power to take extraordinary measures to protect the public during a state of emergency. The ruling has a number of implications for tenants, landlords, and policymakers.
You can read the text of the opinion here: https://www.courts.wa.gov/opinions/pdf/1009925.pdf
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