Seattle City Council passes bill giving some renters right to free legal counsel for evictions

The Seattle City Council on Monday passed legislation giving people in Seattle who are facing eviction the right to free legal counsel if they can't afford it.

The bill -- which passed unanimously -- comes more than a year after the city and state put into place eviction moratoriums to prevent people from losing their homes during the coronavirus pandemic.

"Every eviction is an act of violence. Every eviction adds to our community's misery and suffering," Councilmember Kshama Sawant said during the council meeting Monday ahead of the vote.

Sawant warned of the potential for a "tsunami of evictions" once the eviction moratoriums are lifted. Evictions, she added, often result in homelessness and disproportionately impact people of color.

"With a lawyer, far fewer people are evicted. This is because unjust evictions are overturned in court," Sawant said. "Eviction defense attorneys can and do help connect people with social services when they are needed ... Statistically, even for people who are ultimately evicted, having an attorney still improves the outcomes."

The bill was passed with an amendment that requires tenants who receive the free aid to meet an "indigency standard," which is defined as someone who is "unable to pay the cost of counsel for representation in the unlawful detainer suit because the person’s available funds are insufficient to retain counsel," according to the amendment.

Under the amendment, people would likely need to provide a self-attestation that they could not pay for legal counsel on their own, council members said. There would not be a test to show they qualify or required documents, council members said.

"I was interested in pursuing an amendment that accomplished two things: One that made the bill legally defensible and a more workable bill that would actually bring to fruition the right to counsel to those tenants who need it the most," Council President Lorena González said. "Secondarily, I have a strong interest in supporting this policy and ensuring access to legal aid for those tenants who need it the most."

Council members pushed back against the accusation the amendment represented a form of means testing. They said the amendment would ensure the bill could withstand legal challenges.

Sawant opposed the amendment, saying she didn't think there should be anything that could serve as a barrier to people getting representation.

Ahead of the vote Monday, dozens of people called into the council to urge them to pass the bill, saying people deserved a right to counsel when going through eviction proceedings. Residents urged the council to pass the legislation without amendments many people referred to as "means testing." People also warned evictions often result in homelessness.

The bill's passage comes shortly after Mayor Jenny Durkan extended the city's eviction moratorium for residents, small businesses and nonprofits through the end of June of this year. Gov. Jay Inslee also extended the statewide eviction moratorium for the same amount of time. Both moratoriums were first put into place last year when the coronavirus started to spread throughout the community, closing businesses and impacting thousands of people.

"We certainly don't need more housing insecurity at a moment of uncertainty during this pandemic," Inslee said during a news conference earlier this month.

Under the moratoriums, people can't be evicted for not paying their rent. They can be evicted for other reasons. Once the orders are lifted, people will still be expected to pay the rent they owe and can face eviction. Advocates have warned for months about the potential for a wave of evictions and homelessness once the moratoriums are lifted.

Throughout the pandemic, thousands have struggled to afford rent and other basic necessities after losing their jobs due to restrictions in place to slow the spread of the virus.

Over the past several months, city, state and federal officials have worked to provide rent relief to people in need. Last month, Inslee signed a $2.2 billion COVID-19 relief bill that put $365 million toward rental and utility assistance. More relief is expected to be allotted moving forward.