wa-law.org > bill > 2023-24 > SB 6210 > Original Bill
The legislature finds that legislative and gubernatorial pandemic responses to landlord-tenant relationships have caused a significant backlog of court cases. The legislature also finds that substantial legislative overhauls to civic protection orders and the uniform guardianship act have contributed to this backlog, causing an immense burden on the courts. The legislature intends to address this burden by improving the unlawful detainer process and providing additional resources to implement these statutory mandates successfully and consistently.
The superior court of the county in which the property or some part of it is situated shall have jurisdiction of proceedings under this chapter.
In each county, the superior court may appoint one or more attorneys to act as commissioners pursuant to this chapter to exercise all powers and perform all duties of a court commissioner appointed pursuant to RCW 2.24.010. A person appointed under this chapter as a court commissioner may also be appointed to any other commissioner position authorized by law. The county legislative authority must approve the creation of court commissioner positions pursuant to this chapter.
The district or superior courts of this state may exercise jurisdiction over any landlord or tenant with respect to any conduct in this state governed by this chapter or with respect to any claim arising from a transaction subject to this chapter within the respective jurisdictions of the district or superior courts as provided in Article IV, section 6 of the Constitution of the state of Washington.
In each county, the superior court may appoint one or more attorneys to act as commissioners pursuant to this chapter to exercise all powers and perform all duties of a court commissioner appointed pursuant to RCW 2.24.010. A person appointed under this chapter as a court commissioner may also be appointed to any other commissioner position authorized by law. The county legislative authority must approve the creation of court commissioner positions pursuant to this chapter.
At the time and place fixed for the hearing of plaintiff's motion for a writ of restitution, the defendant, or any person in possession or claiming possession of the property, shall answer in writing, and assert any legal or equitable defense or set-off arising out of the tenancy. The court shall examine the parties and witnesses orally to ascertain the merits of the complaint and answer, and if it shall appear that the plaintiff has the right to be restored to possession of the property, the court shall enter an order directing the issuance of a writ of restitution, returnable 10 days after its date, restoring to the plaintiff possession of the property and if it shall appear to the court that there is no substantial issue of material fact of the right of the plaintiff to be granted other relief as prayed for in the complaint and provided for in this chapter, the court may enter an order and judgment granting so much of such relief as may be sustained by the proof, and the court may grant such other relief as may be prayed for in the plaintiff's complaint and provided for in this chapter, then the court shall enter an order denying any relief sought by the plaintiff for which the court has determined that the plaintiff has no right as a matter of law: PROVIDED, That within three days after the service of the writ of restitution issued prior to final judgment, the defendant, or person in possession of the property, may, in any action for the recovery of possession of the property for failure to pay rent, stay the execution of the writ pending final judgment by paying into court or to the plaintiff, as the court directs, all rent found to be due, and in addition by paying, on a monthly basis pending final judgment, an amount equal to the monthly rent called for by the lease or rental agreement at the time the complaint was filed: PROVIDED FURTHER, That before any writ shall issue prior to final judgment the plaintiff shall execute to the defendant and file in the court a bond in such sum as the court may order, with sufficient surety to be approved by the clerk, conditioned that the plaintiff will prosecute his or her action without delay, and will pay all costs that may be adjudged to the defendant, and all damages which he or she may sustain by reason of the writ of restitution having been issued, should the same be wrongfully sued out. The court shall also enter an order directing the parties to proceed to trial on the complaint and answer in the usual manner.
If it appears to the court that the plaintiff should not be restored to possession of the property, the court shall deny plaintiff's motion for a writ of restitution and enter an order directing the parties to proceed to trial within 30 days on the complaint and answer. If it appears to the court that there is a substantial issue of material fact as to whether or not the plaintiff is entitled to other relief as is prayed for in plaintiff's complaint and provided for in this chapter, or that there is a genuine issue of a material fact pertaining to a legal or equitable defense or set-off raised in the defendant's answer, the court shall grant or deny so much of plaintiff's other relief sought and so much of defendant's defenses or set-off claimed, as may be proper.
Subject to the availability of amounts appropriated for this specific purpose, the court must appoint an attorney for an indigent tenant in an unlawful detainer proceeding under this chapter and chapters 59.12 and 59.20 RCW. The office of civil legal aid is responsible for implementation of this subsection as provided in RCW 2.53.050, and the state shall pay the costs of legal services provided by an attorney appointed pursuant to this subsection. In implementing this section, the office of civil legal aid shall assign priority to providing legal representation to indigent tenants in those counties in which the most evictions occur and to indigent tenants who are disproportionately at risk of eviction.
For purposes of this section, "indigent" means any person who, at any stage of a court proceeding, is:
Receiving one of the following types of public assistance: Temporary assistance for needy families, aged, blind, or disabled assistance benefits, medical care services under RCW 74.09.035, pregnant women assistance benefits, poverty-related veterans' benefits, food stamps or food stamp benefits transferred electronically, refugee resettlement benefits, medicaid, or supplemental security income; or
Receiving an annual income, after taxes, of 200 percent or less of the current federally established poverty level.
The office of civil legal aid shall require documented verification of income or participation in a qualifying public assistance program as outlined in this section.
$5,250,000 of the general fund—state appropriation for fiscal year 2025 is provided solely for a grant program to be administered by the department of commerce in collaboration with the office of civil legal aid to assist eligible counties in funding commissioner positions created under RCW 59.12.050 and 59.18.050. Counties with populations greater than 527,000, according to 2023 estimates prepared by the office of financial management, are eligible to apply. No county with a population under 2,000,000 may receive more than $750,000.