22.205.090 - Defense related to 2020 eviction moratorium
A.
Subject to the requirements of subsection 22.205.090.B, it is a defense to eviction
if the eviction would result in the tenant having to vacate the housing unit within
six months after the termination of the Mayor's eviction moratorium, and if the reason
for terminating the tenancy is:
1.
The tenant fails to comply with a 14-day notice to pay rent or vacate pursuant to
RCW 59.12.030(3) for rent due during, or within six months after the termination of,
the Mayor's residential eviction moratorium; or
2.
The tenant habitually fails to pay rent resulting in four or more pay-or-vacate notices
in a 12-month period.
For purposes of this Section 22.205.090, "termination of the Mayor's residential eviction moratorium" means termination of
subsection 1.C (creating a defense to a pending eviction action) of the moratorium
on residential evictions ordered by the Mayor's civil emergency order, as amended
by the Council in Resolution 31938 on March 16, 2020.
B.
The tenant may invoke the defense provided in subsection 22.205.090.A only if the
tenant demonstrates that the tenant has suffered a financial hardship and is therefore
unable to pay rent. The tenant's submission of a declaration or self-certification
that the tenant has suffered a financial hardship and is therefore unable to pay rent
creates a presumption to that effect, which the landlord may rebut.
C.