Legal action against state’s eviction ban targets Spokane, claiming ‘government-induced…’

A lawsuit has been filed against the state of Washington, including Spokane, challenging the legality of the eviction moratorium enacted during the COVID-19 pandemic. Property owners claim that the policy was an unlawful government seizure of property rights. The lawsuit names Governor Bob Ferguson, the state of Washington, and several municipalities like Seattle and Spokane, which enforced measures preventing landlords from evicting tenants for over a year.

According to the lawsuit filed in Thurston County, the eviction moratoriums imposed by government entities forced landlords to allow non-paying tenants to occupy properties without compensation while still being responsible for taxes, mortgages, and maintenance costs. The lawsuit argues that this government-compelled physical occupation of properties violates the Fifth Amendment of the United States Constitution.

Attorney John DiLorenzo from Davis Wright Tremaine law offices in Seattle noted that the lawsuit is in its early stages, with some defendants, including the City of Spokane, not yet served with legal documents. The litigation includes 12 local governments that enacted similar ordinances to the state’s eviction moratorium to ensure all involved parties are addressed.

Small property owners like Steve Otten, a plaintiff in the suit, faced significant financial burdens due to the moratorium, especially those who owned duplexes or single-family homes. Sean Flynn, the executive director of the Rental Housing Association of Washington, highlighted the challenges faced by property owners in recouping lost rent and argued that the moratorium violated their constitutional rights.

Despite the Washington Supreme Court ruling that the eviction moratorium did not constitute a taking under state law, the lawsuit aims to have the United States Supreme Court reassess the legal implications of the policy. While the lawsuit raises important legal questions, Terri Anderson, director of the Tenants Union of Washington State in Spokane, emphasized that the moratoriums saved lives by preventing evictions that involve costly legal procedures and physical removal of tenants.

Anderson noted that the moratoriums were essential in protecting tenants facing financial difficulties due to the pandemic. The committee established by former Governor Jay Inslee, comprised of tenant and landlord advocates, aimed to address the challenges faced by both parties during the moratorium period. Anderson stressed that the primary goal of the policy was to ensure public safety by limiting movement and interactions during the early stages of the pandemic.

The ongoing lawsuit is expected to navigate various legal obstacles, with potential for substantial growth in the number of plaintiffs involved in the case. Flynn pointed out that the legal action was necessary to safeguard property rights and address the constitutional concerns raised by the eviction moratorium policy. While the legal battle continues, the lawsuit remains a critical step in challenging the constitutionality of government actions during emergencies.