landlord may apply for a writ of restitution. RCW 59.18.370. To obtain a writ of
restitution, the “landlord must apply for an order for a show cause hearing.” Randy
Reynolds, 193 Wn.2d at 157. At the show cause hearing, the court will determine if the
landlord is entitled to a writ of restitution before a trial on the complaint and any answer
is filed. RCW 59.18.380. If a material factual issue exists, the parties proceed to trial on
the complaint. Id.
Federal, state, and local governmental regulations may affect a landlord’s ability
to evict tenants. 17 WILLIAM B. STOEBUCK & JOHN W. WEAVER, WASHINGTON
PRACTICE: REAL ESTATE § 6.84, at 453 (2d ed. 2004).
B. The CARES Act
The federal CARES Act was enacted in response to the economic disruption
caused by the COVID-19 pandemic. Sherwood Auburn, LLC v. Pinzon, 24 Wn. App. 2d
664, 671-72, 521 P.3d 212 (2002). The CARES Act was passed quickly by Congress
weeks after the pandemic began. Tiger Lily, LLC v. U.S. Dep’t of Hous. & Urb. Dev., 5
5
For the current opinion, go to https://www.lexisnexis.com/clients/wareports/.
Hous. Auth. v. Knight, No. 102905-5
F.4th 666, 674 (6th Cir. 2021) (Thapar, J., concurring) (noting that on “March 21, 2020,
just two days after California announced the country’s first statewide stay-at-home order,
Congress passed [the CARES Act]”). The CARES Act provides certain protections for
tenants living in housing units owned and maintained by lessors or landlords receiving
federal funds. 15 U.S.C. § 9058. That is, the CARES Act protections apply to tenants
living in a dwelling on “covered property,” defined as any property that participates in a
covered housing program or a rural housing voucher program, or that has a federally
backed mortgage loan. 15 U.S.C. § 9058(a)(1), (2)(B).