Wash. Court of Appeals published opinion — 850318.pdf

Citation: Wash. Court of Appeals published opinion — 850318.pdf
Jurisdiction: Washington (state)
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Original Source: https://www.courts.wa.gov/opinions/pdf/850318.pdf ↗

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THE HOUSING AUTHORITY OF THE
COUNTY OF KING, a Washington DIVISION ONE
municipal corporation,
No. 85031-8-I
Appellant,
PUBLISHED OPINION
v.

ANGELA KNIGHT, and all occupants,
including ANDRE KNIGHT and
DELANEY KNIGHT,

Respondents.

DWYER, J. — Does the federal Coronavirus Aid, Relief, and Economic

Security Act1 (CARES Act) require 30 days’ notice for any eviction from dwellings

covered by the Act? With all due respect to our colleagues at Division II, we

conclude that the answer is no.2 The CARES Act requires such notice only for

evictions stemming from a tenant’s nonpayment of rent.

I

In January 2023, the King County Housing Authority served a notice to

vacate on a rental unit, alleging that its occupants had engaged in nuisance and

criminal activity on the premises. The unit was occupied by Angela Knight,

Andre Knight, and Delaney Knight. The notice provided them with three days to

vacate the unit. Three days later, they had not done so. The Housing Authority

1 Pub. L. No. 116-136, 134 Stat. 281 (2020) (codified at 15 U.S.C. ch. 116).
2 See infra Section III. E.
For the current opinion, go to https://www.lexisnexis.com/clients/wareports/.
No. 85031-8-I/2

subsequently filed an unlawful detainer petition and a motion to show cause in

King County Superior Court.

A superior court commissioner denied the Housing Authority’s petition and

dismissed its eviction action without prejudice. The commissioner stated that he

had relied on our opinion in Sherwood Auburn LLC v. Pinzon, 24 Wn. App. 2d

664, 521 P.3d 212 (2022), review denied, 1 Wn.3d 1005 (2023), to conclude that

the CARES Act requires 30 days’ notice for all evictions from dwellings covered

by the Act, and that, regardless of the Housing Authority’s asserted basis for