PROCLAMATION BY THE GOVERNOR

EXTENDING AND AMENDING 20-05 AND 20-19, et seq.

disease 2019 (COVID-19) outbreak in the United States and confirmed person-to-person spread

of COVID-19 in Washington State; and

WHEREAS, as a result of the continued worldwide spread of COVID-19, its significant

progression in Washington State, and the high risk it poses to our most vulnerable populations, I

have subsequently issued several amendatory proclamations, exercising my emergency powers

under RCW 43.06.220 by prohibiting certain activities and waiving and suspending specified

laws and regulations; and

WHEREAS, the COVID-19 disease, caused by a virus that spreads easily from person to person

reduced work hours for a significant percentage of our workforce due to substantial reductions in

business activity impacting our commercial sectors that support our State’s economic vitality,

including severe impacts to the large number of small businesses that make Washington State’s

economy thrive; and

WHEREAS, many of our workforce expected to be impacted by these layoffs and substantially

reduced work hours are anticipated to suffer economic hardship that will disproportionately

affect low and moderate income workers resulting in lost wages and potentially the inability to

pay for basic household expenses, including rent; and

WHEREAS, tenants, residents, and renters who are not materially affected by COVID-19

should and must continue to pay rent, to avoid unnecessary and avoidable economic hardship to

landlords, property owners, and property managers who are economically impacted by the

COVID-19 pandemic; and

WHEREAS, under RCW 59.12 (Unlawful Detainer), RCW 59.18 (Residential Landlord-Tenant

Act), and RCW 59.20 (Manufactured/Mobile Home Landlord-Tenant Act) residents seeking to

avoid default judgment in eviction hearings need to appear in court in order to avoid losing

substantial rights to assert defenses or access legal and economic assistance; and

housing loss statewide; and

WHEREAS, the Washington State Legislature has established a housing assistance program in

RCW 43.185 pursuant to its findings in RCW 43.185.010 “that it is in the public interest to

establish a continuously renewable resource known as the housing trust fund and housing

assistance program to assist low and very low-income citizens in meeting their basic housing

needs;” and

WHEREAS, it is critical to protect tenants and residents of traditional dwellings from

homelessness, as well as those who have lawfully occupied or resided in less traditional dwelling

example, and such residents should be protected from eviction even though they are not

documented in a lease. However, this order is not intended to permit occupants introduced into a

dwelling who are not listed on the lease to remain or hold over after the tenant(s) of record

permanently vacate the dwelling (“holdover occupant”), unless the landlord, property owner, or

property manager (collectively, “landlord”) has accepted partial or full payment of rent,

including payment in the form of labor, from the holdover occupant, or has formally or

informally acknowledged the existence of a landlord-tenant relationship with the holdover

occupant; and

WHEREAS, a temporary moratorium on evictions and related actions throughout Washington

WHEREAS, as of March 2021, current information suggests that at least 76,000 tenants in

Washington will be unable to pay their rent in the near future, reflecting the continued financial

precariousness of many in the state. According to the state’s unemployment information,

significantly more people are claiming unemployment benefits in Washington now versus a year

ago. This does not account for the many thousands of others who are filing claims with separate

programs such as Pandemic Unemployment Assistance and Pandemic Emergency

Unemployment Compensation: in December 2020, nearly 275,000 new and ongoing claims for

unemployment-related assistance were filed; and

WHEREAS, I issued Proclamations 20-25, 20-25.1, 20-25.2,and 20 25.3 (Stay Home – Stay

Healthy), and I subsequently issued Proclamation 20-25.4 (“Safe Start – Stay Healthy” County-

By-County Phased Reopening), wherein I amended and transitioned the previous proclamations’

“Stay Home – Stay Healthy” requirements to “Safe Start – Stay Healthy” requirements,

prohibiting all people in Washington State from leaving their homes except under certain

circumstances and limitations based on a phased reopening of counties as established in

Proclamation 20-25.4, et seq., and according to the phase each county was subsequently assigned

by the Secretary of Health; and

WHEREAS, when I issued Proclamation 20-25.4 on May 31, 2020, I ordered that, beginning on

ordered a freeze on all counties moving forward to a subsequent phase, and that freeze remained

in place while I worked with the Department of Health and other epidemiological experts to

determine appropriate strategies to mitigate the increased spread of the virus, and those strategies

included dialing back business and other activities; and

WHEREAS, on July 23, 2020, in response to the statewide increased rates of infection,

hospitalizations, and deaths, I announced an expansion of the Department of Health’s face

covering requirements and several restrictions on activities where people tend to congregate; and

WHEREAS, on October 6, 2020, due to the increased COVID-19 infection rates across the

WHEREAS, positive COVID-19-related cases and hospitalizations steadily rose from early

September 2020, through early January, 2021, and the number of COVID-19 cases and COVID-

19-related hospitalizations continue to put our people, our health system, and our economy in a

precarious position; and

WHEREAS, when I issued Proclamation 20-19.3 on July 24, 2020, the Washington State

Department of Health reported at least 51,849 confirmed cases of COVID-19 with 1,494

5,149 associated deaths; and

Incident Management Team in coordination with the State Emergency Operations Center and

other supporting state agencies to manage the public health aspects of the incident; and

WHEREAS, the Washington State Military Department Emergency Management Division,

through the State Emergency Operations Center, continues coordinating resources across state

government to support the Washington State Department of Health and local health officials in

alleviating the impacts to people, property, and infrastructure, and continues coordinating with

the Department of Health in assessing the impacts and long-term effects of the incident on

Washington State and its people.

I again direct that the plans and procedures of the Washington State Comprehensive Emergency

Management Plan be implemented throughout State government. State agencies and departments

are directed to continue utilizing state resources and doing everything reasonably possible to

support implementation of the Washington State Comprehensive Emergency Management Plan

and to assist affected political subdivisions in an effort to respond to and recover from the

COVID-19 pandemic.

I continue to order into active state service the organized militia of Washington State to include

the National Guard and the State Guard, or such part thereof as may be necessary in the opinion

identify and provide appropriate personnel for conducting necessary and ongoing incident related

ACCORDINGLY, based on the above noted situation and under the provisions of RCW

43.06.220(1)(h), and to help preserve and maintain life, health, property or the public peace,

except where federal law requires otherwise, effective immediately and until 11:59 p.m. on June

30, 2021, I hereby prohibit the following activities related to residential dwellings and

commercial rental properties in Washington State:

dwelling or parcel of land occupied as a dwelling, including but not limited to an eviction

notice, notice to pay or vacate, notice of unlawful detainer, notice of termination of

rental, or notice to comply or vacate. This prohibition applies to tenancies or other

housing arrangements that have expired or that will expire during the effective period of

this Proclamation. This prohibition does not apply to emergency shelters where length of

stay is conditioned upon a resident’s participation in, and compliance with, a supportive

services program. Emergency shelters should make every effort to work with shelter

clients to find alternate housing solutions. This prohibition applies unless the landlord,

property owner, or property manager (a) attaches an affidavit to the eviction or

termination of tenancy notice attesting that the action is necessary to respond to a

or from wearing face coverings, social distancing, and complying with all other COVID-

19 safety measures upon entry, together with their guests and agents. Any eviction or

termination of tenancy notice served under one of the above exceptions must

independently comply with all applicable requirements under Washington law, and

nothing in this paragraph waives those requirements.

• Landlords, property owners, and property managers are prohibited from seeking or

enforcing, or threatening to seek or enforce, judicial eviction orders involving any

dwelling or parcel of land occupied as a dwelling, unless the landlord, property owner, or

property manager (a) attaches an affidavit to the eviction or termination of tenancy notice

attesting that the action is necessary to respond to a significant and immediate risk to the

acting on eviction orders affecting any dwelling or parcel of land occupied as a dwelling,

unless the eviction order clearly states that it was issued based on a court’s finding that

(a) the individual(s) named in the eviction order is creating a significant and immediate

risk to the health, safety, or property of others; or (b) at least 60 days’ written notice were

provided of the property owner’s intent to (i) personally occupy the premises as the

owner’s primary residence, or (ii) sell the property. Local law enforcement may serve or

otherwise act on eviction orders, including writs of restitution that contain the findings

required by this paragraph.

• Landlords, property owners, and property managers are prohibited from assessing, or

threatening to assess, rent or other charges related to a dwelling or parcel of land

occupied as a dwelling for any period during which the resident’s access to, or occupancy

of, such dwelling was prevented as a result of the COVID-19 outbreak.

• Except as provided in this paragraph, landlords, property owners, and property managers

are prohibited from treating any unpaid rent or other charges related to a dwelling or

parcel of land occupied as a dwelling as an enforceable debt or obligation that is owing or

collectable, where such non-payment was as a result of the COVID-19 outbreak and

occurred on or after February 29, 2020, and during the State of Emergency proclaimed in

all counties in Washington State. This includes attempts to collect, or threats to collect,

health, and other circumstances of that resident; failure to provide a reasonable re-

• Nothing in this order precludes a landlord, property owner, or property manager from

engaging in customary and routine communications with residents of a dwelling or parcel

of land occupied as a dwelling. “Customary and routine” means communication

practices that were in place prior to the issuance of Proclamation 20-19 on March 18,

2020, but only to the extent that those communications reasonably notify a resident of

upcoming rent that is due; provide notice of community events, news, or updates;

document a lease violation without threatening eviction; or are otherwise consistent with

this order. Within these communications and parameters, it is permissible for landlords,

property owners and property managers to provide information to residents regarding

financial resources, including coordinating with residents in applying for rent assistance

through the state’s Emergency Rent Assistance Program (ERAP) or an alternative state

rent assistance program, and to provide residents with information on how to engage with

them in discussions regarding reasonable repayment plans as described in this order.

the noticed rent increase does not take effect until after the expiration of Proclamation 20-

19, et seq., and any modification or extension thereof, and (ii) the notice is restricted to its

limited purpose and does not contain any threatening or coercive language, including any

language threatening eviction or describing unpaid rent or other charges. Unless

expressly permitted in this or a subsequent order, under no circumstances may a rent

increase go into effect while this Proclamation, or any extension thereof, is in effect.

Except as provided below, this prohibition also applies to commercial rental property if

the commercial tenant has been materially impacted by the COVID-19, whether

personally impacted and is unable to work or whether the business itself was deemed

non-essential pursuant to Proclamation 20-25 or otherwise lost staff or customers due to

seq., or any other state or federal law providing rights or protections for residential

dwellings. Nothing in this order prevents a landlord from seeking to engage in

reasonable communications with tenants to explore re-payment plans in accordance with

this order.

• The preceding prohibitions do not apply to operators of long-term care facilities licensed

or certified by the Department of Social and Health Services to prevent them from taking

action to appropriately, safely, and lawfully transfer or discharge a resident for health or

safety reasons, or a change in payer source that the facility is unable to accept, in

accordance with the laws and rules that apply to those facilities. Additionally, the above

notice of services and are applied in accordance with the laws and rules that apply to

those facilities, including any advance notice requirement.

Terminology used in these prohibitions shall be understood by reference to Washington law,

including but not limited to RCW 49.60, RCW 59.12, RCW 59.18, and RCW 59.20. For

purposes of this Proclamation, a “significant and immediate risk to the health, safety, or property

of others created by the resident” (a) is one that is described with particularity; (b) as it relates to

“significant and immediate” risk to the health and safety of others, includes any behavior by a

resident which is imminently hazardous to the physical safety of other persons on the premises

FURTHERMORE, it is the intent of this order to prevent a potential new devastating impact of

the COVID-19 outbreak – that is, a wave of statewide homelessness that will impact every

community in our state. To that end, this order further acknowledges, applauds, and reflects

gratitude to the immeasurable contribution to the health and well-being of our communities and

families made by the landlords, property owners, and property managers subject to this order.

ADDITIONALLY, it is also the intent of this order to extend state emergency rent assistance

programs and to incorporate the newly approved federal rental assistance funding. The goal is to

continue to provide a path for eligible tenants to seek rental assistance, but to now also allow

property managers.

ADDITIONALLY, I want to thank the vast majority of tenants who have continued to pay what

they can, as soon as they can, to help support the people and the system that are supporting them

through this crisis. The intent of Proclamation 20-19, et seq., is to provide relief to those

individuals who have been impacted by the COVID-19 crisis. Landlords and tenants are

expected to communicate in good faith with one another, and to work together, on the timing and

terms of payment and repayment solutions that all parties will need in order to overcome the

severe challenges that COVID-19 has imposed for landlords and tenants alike. I strongly

encourage landlords and tenants to avail themselves of the services offered at existing dispute

managers may desire additional direction concerning the specific parameters for reasonable re-

payment plans related to outstanding rent or fees. This is best addressed by legislation, and I

invite the state Legislature to produce legislation as early as possible during their next session to

ensure that the needed framework is passed into law.

Violators of this order may be subject to criminal penalties pursuant to RCW 43.06.220(5).

Signed and sealed with the official seal of the state of Washington on this 18th day of March,

Jay Inslee, Governor

BY THE GOVERNOR: