Proposed Spokane law would slow evictions for nonpayment, make tenant aid more accessible

Spokane landlords may soon be required to participate in eviction prevention programs.

The City Council is considering changes to local laws in January which would also make the programs more easily accessible.

Funding for the programs – which includes help to pay back rent, legal fees and mediation between landlords and tenants – has been coming from the state to the city of Spokane and the county for years, effectively a continuation of the state’s eviction protections that began during the COVID-19 pandemic. While the widespread moratorium on evictions has long since ended, the funding for eviction prevention has not: the most recent two-year cycle, which runs until June 2027, includes $2.9 million from the state Department of Commerce for eviction prevention within the city.

If the Spokane City Council approves the reforms in January, the city would start maintaining a more informative and frequently updated list of the various nonprofits that receive that funding to make it easier for tenants to navigate. Landlords would be required to include information about these resources in lease agreements and also in notices of intent to evict for nonpayment.

The city would also designate a diversion program operator to either help tenants access eviction prevention funds or otherwise mediate disputes between landlords and their indigent tenants.

Landlords would be required by city law to participate “in good faith” in the diversion program for at least 30 days after submitting a demand for payment, though only if they began eviction proceedings purely for nonpayment of rent. Tenants who violate other aspects of state law, including using illegal drugs on the property or seriously damage the property, could be evicted without the 30-day grace period.

While these programs remain funded, the mandatory use of these programs could assist landlords in recouping back rent and removing a tenant without having to go through eviction courts. But if and when the programs run out of money, landlords would still be required to participate in the diversion program for 30 days before evicting a tenant.

And it appears likely that the programs would run out of funding within a given two-year cycle. Gaps could occur due to delays in contracting or protracted debates over the state budget. The state funding source, a mix of general funds and document-recording fees, appears fairly stable, according to Commerce officials, but that’s not a guarantee, and demand may well outstrip funding even if it remains static. Designated nonprofits spent 100% of Spokane’s funding in the last cycle in a truncated timeline and without the kind of universal communications the city is now considering to make the programs more accessible.

“So we could expend all funds in advance of contracts (ending) in this round depending on demand and utilization of funds,” wrote Dawn Kinder, director of Spokane’s Neighborhood, Housing and Human Services division.

But Councilman Paul Dillon, one of the cosponsors of the reforms, argued that landlords should still be required to participate in eviction diversion even if funding isn’t available to pay back rent, because the alternative “sets us up to fail.”

In part, he argues that having a strong program would make the city attractive for additional state eviction prevention funds, potentially expanding the pool of available resources. But even if funds to cover back rents dried up, other resources could still be available.

“There are additional resources, such as the Northwest Mediation Center, the eviction courts, legal counsel, that would be folded into this program as a resource,” Dillon said. “Which is why, if the funds weren’t there, I still want to make sure that people can access these resources and get deferrals.

A vote on the eviction prevention reforms was delayed until January in order to get more stakeholder feedback – though Dillon says initial feedback from both tenants and landlord groups has been positive – and to shore up a few of the technical details with amendments. A vote is scheduled for Jan. 12.