Washington eviction moratorium remains despite NAHB court ruling

March 26, 2021

We know those of you who rent residential properties are working with your tenants to help them weather the economic hardships caused by COVID-19. We continue to work to find ways to support both you and your tenants as the state continues to recover.

On March 25, NAHB shared news of a court victory protecting NAHB members nationwide from the effects of the CDC’s national eviction moratorium. However, Washington’s moratorium remains in place through June 30.

CDC exceeded its authority

According to the NAHB update, “on March 10, NAHB won a key legal decision when the U.S. District Court for the Northern District of Ohio ruled that, by issuing an eviction moratorium, the CDC exceeded the authority granted to it by Congress. NAHB brought the lawsuit as a plaintiff on behalf of its members and we were the only association to do so.”

The NAHB update went on to say, “On March 24, the Department of Justice (DOJ) confirmed that the district court’s order applies to all NAHB members across the nation who rent residential properties to covered persons who submitted CDC declarations — not just those who reside in Ohio.

In other words, pending further guidance from the district court or subject to an appeal by the DOJ, the CDC eviction moratorium is currently set aside for all NAHB members.”

State and local eviction restrictions remain

However, as noted in the update, NAHB members must still comply with state or local eviction restrictions. In Washington, Gov. Jay Inslee has extended the state’s eviction moratorium through June 30, citing the roughly 76,000 tenants who are still struggling to pay their rent.

As a reminder, the federal Emergency Rental Assistance Program makes $25 billion available to help households pay rent and utilities. Landlords with tenants behind on rent may help them apply for these funds to cover as much as 15 months of assistance. Find more information on how and when to access these funds at https://www.commerce.wa.gov/serving-communities/homelessness/.