Wash. Court of Appeals published opinion — 709569.pdf

subsection (3)(a) does not require that a unit actually be condemned or unlawful to

occupy. It is enough for an agency to notify a landlord that the dwelling will be

condemned or will be unlawful to occupy.

We agree with the Tenants and KCBA. The plain language of RCW 59.18.085(3)
supports this interpretation. Subsection 3(a) applies when a landlord has been notified
that the dwelling will be condemned or unlawful to occupy due to conditions that violate
applicable codes, statutes, ordinances, or regulations. At that point, a landlord who
knew or should have known of the conditions shall be required to pay relocation

6RCW 59.18.085(3)(a)(i)-(ii) also refer to a "condemnation or no occupancy order." These are the
exceptions under which a landlord will not be required to pay relocation assistance, and neither apply
here.

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assistance, unless the conditions are a result of illegal activity, natural disaster, or

acquisition by eminent domain. RCW 59.18.085(3)(i)-(iii).

If a landlord refuses to pay relocation assistance under RCW 59.18.085(3)(a)

and the governing agency is forced to condemn the dwelling, then the enforcement

mechanisms in subsections (3)(c), (f), (g), and (h) come into play. At that point the

landlord must pay the required relocation assistance within seven days of receiving

notice of the condemnation, eviction, or displacement order. If a landlord does not pay

within that period, the governing agency may advance payment to the tenants and seek

to recover from the landlord, with interest. The governing agency is entitled to its fees

and costs and the landlord may face civil penalties if more than sixty days have passed.