Governor Inslee has extended the eviction moratorium and rent freeze, until March 31st 2021. We are still waiting for the official proclamation to be released.

For housing members this means you are still unable to issue any notice of a rent increase or evict a tenant due to none payment. The proclamation does not, however, apply when there is a significant and immediate risk to the health, safety, or property of others.  In such circumstances, the individual may be evicted.  

We do anticipate one change that may allow eviction action against tenants who are financially able to pay rent but refuse to do so.

For long term care providers, the proclamation still includes language allowing fee increases that are customary and reasonable related to operating costs and the provision of care and services.  The proclamation continues to also allow new reasonable charges for COVID-19 related costs. Covid related fees should have some provable mathematical basis to demonstrate that such fees are reasonable. These exceptions include all setting types, including CCRCs (Life Plan Communities) and the independent living portion of a licensed assisted living community. Providers must provide notice of fee increases consistent with RCW 70.129.005, RCW 74.42.030, or any other setting specific regulations regarding notice of fee increases. You must also provide any applicable notice of change of services or care.  

Discharges are also permitted if the private pay resident exhausts resources and is eligible for Medicaid and the provider is not contracted to accept Medicaid payment or provide care and services and, as noted, for other permitted safety and health reasons.  

Below is the language in the proclamation that addresses long term care.

The preceding prohibitions do not apply to operators of long-term care facilities licensed or certified by the Department of Social and Health Services to prevent them from taking action to appropriately, safely, and lawfully transfer or discharge a resident for health or safety reasons, or a change in payer source that the facility is unable to accept, in accordance with the laws and rules that apply to those facilities. Additionally, the above prohibition against increasing, or threatening to increase, the rate of rent for any dwelling does not apply to customary changes in the charges or fees for cost of care (such as charges for personal care, utilities, and other reasonable and customary operating expenses), or reasonable charges or fees related to COVID-19 (such as the costs of PPE and testing), as long as these charges or fees are outlined in the long-term care facility’s notice of services and are applied in accordance with the laws and rules that apply to those facilities, including any advance notice requirement.

Please let me know if you have questions.

Alyssa Odegaard- Vice President, Public Policy 

c: 206.948.2279