Seattle City Council approves new tenant protections bills, urges extension of eviction moratorium

The Seattle City Council approved a package of bills Monday afternoon meant to expand tenant protections as both the city and statewide eviction moratoriums are set to expire at the end of June.

The set of three tenant-rights bills were passed out out the Sustainability & Renters' Rights committee, led by Councilmember Kshama Sawant, earlier in May. Each of the bills were sponsored or co-sponsored by Sawant, who called the passage of the bills a victory for the tenants' rights movement.

"Today’s bills put people before profits. They put the rights of renters above the interests of corporate landlords. They prioritize housing stability instead of racist gentrification," Sawant said in a statement. "By getting organized, today we won the nation’s strongest ban on school-year evictions, the resolution to extend the eviction moratorium, and the strengthening of our city’s eviction defense laws."

Council Bill 120046 passed 6-1 with Councilmember Alex Pedersen opposing. The bill will prohibit the eviction of children, their families and educators during the school year. According to a study cited in the bill text, 87.5% of evicted families with school-age children reported school performance suffered as a result of the eviction.

"As many parents and educators have said to us, 'Just imagine trying to focus on your schoolwork as a child while losing your home,'" Sawant remarked during Monday's council briefing. 

Sawant said the legislation also addressed a racial justice issue as Black youth and other students of color disproportionately face homelessness in Seattle — 40% of homeless students in Seattle were Black, despite only making up 14% of Seattle's public school student populations. The legislation has been supported by the Seattle Education Association, the Martin Luther King, Jr. County Labor Council and School Board Director Zachary DeWolf.

There is on exception following an adoption of an amendment proposed by Councilmember Teresa Mosqueda, which will add a exemption for property owners moving back into their rental units during the school year.

The second bill, CB 120090, will give tenants the right of first refusal and require landlords to give a just cause for refusing to renew a lease. The bill passed 5-2 with Councilmember Debora Juarez and Pedersen opposing. There are currently 18 approved reasons listed in the city's Just Cause Eviction Ordinance.

Councilmember Tammy Morales, one of the sponsors of the bill, argued that the legislation would close a loophole that allowed end-of-lease terminations without just cause.

"By closing this longstanding gap in protections, we’re showing renters that we believe the place in which they live isn’t just a temporary set of walls, but rather that it is their home; cultivated by them, cared for by them, and appreciated by them," Morales said in a statement. 

The final bill, CB 120077, would prevent evictions based on non-payment if the rent was due during the city's COVID-19 civil emergency. The bill passed in a 5-2 vote with Pedesen and Juarez opposing.

"Tens of thousands of Seattle residents fell behind on rent during COVID, and this new law protects them against being evicted for being unable to pay," Sawant said.

Some landlords and property owners who own one or two properties called in during the public comment period to oppose the passage of the bills. Charlotte Thistle of the Seattle Grassroots Landlords group said that the council was "recklessly endangering both residents and owners of rental housing" by refusing to include safety protections in the just cause eviction legislation.

Another landlord, Jeffrey Flogel, said the legislation would cause smaller landlords like him to stop listing privately-held properties for rent, exacerbating the city's housing shortage.

"If you're a renter, who do you want your housing provider to be five, ten, fifteen years from now? With this city council pushing small landlords out of the market, you'll have the choice of a small corporate-owned apartment, public housing if you qualify or moving elsewhere," Flogel said during public comment.

During the morning council briefing, Sawant said that larger corporate property management companies use these smaller landlords as a "figleaf" to prevent renter's rights bills from passing.

The council unanimously passed a non-binding resolution urging Mayor Jenny Durkan and Gov. Jay Inslee to extend the city and state's eviction moratoriums through 2021, a move which has been supported by over 50 organizations in the city.

Under the current moratorium, people can be evicted on issues of health or safety, but not because they're unable to pay their rent. Renters also can't accrue late fees or other charges. Once the orders are lifted, people will still be expected to pay the rent they owe and can face eviction. Housing advocates have warned for months about the potential for a wave of evictions and homelessness once the moratoriums are lifted.

Neither Durkan or Inslee has responded to the resolution, and it is unclear whether the city or state moratorium will be extended.