[WSBARP] Is a Landlord Required to Accept Rental Assistance

[Paul Neumiller]

I don't know the answer if a LL HAS to accept the money, BUT, on a practical basis, I would not want to stand in front of a judge and try to evict a T when there is free rent money on the table.  So, if there are no other grounds or reasons to evict, I can see where the LL would take the money (that should be a lot of rent to build up a litigation war chest) and then evict when the T fails to pay on the fourth month in the future.

Be careful if they ask the LL to sign anything.  In Island County, the Opportunity Council will pay forward only 3 months but require the LL to sign an agreement saying the LL will not evict for 6 months (in small print on the back of the form).  I have pointed this out to the Opportunity Council and they quite admit that the LL could be left hanging for 3 months of nonpayment of rent prior to being able to evict if the LL signs the agreement in order to get the money.


[cid:image001.jpg at 01D924DD.F5A2F490]

From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Jeff at bellanddavispllc.com
Sent: Tuesday, January 10, 2023 9:57 AM
To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Is a Landlord Required to Accept Rental Assistance

Listmates:

Tenant defaulted in rent payment for over a year, and caused other problems.  All the required notices and a reasonable repayment plan offered.  No response to any of the notices and the dispute resolution certificate issued.  Just as the UDA is to be filed, a rental assistant program offers to pay the back due rent and 3 months forward.  Must the LL accept that offer.  I saw nothing in RCW 59.18.630 or 660 saying the LL shall accept the offer, at this late date.  However I wonder how RCW 59.18.255 plays into this as it talks about cannot refuse to lease based on source of income, which includes housing assistance.  Any one have experience with this?

Jeff Davis
W. Jeff Davis
BELL & DAVIS PLLC
Attorneys at Law
P.O. Box 510
720 E. Washington Street, Suite 105
Sequim WA 98382
Phone: (360) 683.1129
Fax: (360) 683.1258
email: jeff at bellanddavispllc.com<mailto:jeff at bellanddavispllc.com>
www.bellanddavispllc.com<https://na01.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.bellanddavispllc.com%2F&data=05%7C01%7C%7C770f8fe780ba48c5122b08daf334b642%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C638089704992575877%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=JyYleDfV2Kyc%2Bj5qobMZZ5USgP1RyjCgGwc6bCbgqD8%3D&reserved=0>

The information contained in this e-mail message may be privileged, confidential, and protected from disclosure. If you are not the intended recipient, any dissemination, distribution, or copying is strictly prohibited. If you think that you have received this e-mail message in error, please e-mail the sender at info at bellanddavispllc.com<mailto:info at bellanddavispllc.com>  or call 360.683.1129.


-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20230110/8e691b52/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image001.jpg
Type: image/jpeg
Size: 14264 bytes
Desc: image001.jpg
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20230110/8e691b52/image001.jpg>