Lawsuit over state’s eviction moratorium names Spokane, alleging ‘government-compelled physical occupation’

A class-action lawsuit has been filed by property owners in Washington state, including Spokane, against Governor Bob Ferguson, the state, and several municipalities like Seattle, challenging the legality of eviction moratoriums implemented during the COVID-19 pandemic. The plaintiffs claim these moratoriums constituted an unlawful “taking” of their property, forcing them to allow tenants to occupy properties without compensation while still being responsible for associated costs. Attorneys involved state the case is in its early stages, with many defendants yet to be served.

The suit argues the government “compelled” landlords to allow tenants to remain on their properties without pay, violating their Fifth Amendment rights. While the Washington Supreme Court previously ruled against a similar claim under state law, the plaintiffs hope to appeal to the U.S. Supreme Court, citing differing rulings in other states. The Rental Housing Association of Washington emphasizes the financial burden fell disproportionately on small- to mid-sized property owners.

Conversely, the Tenants Union of Washington State argues the moratoriums saved lives by limiting interactions during the pandemic and preventing homelessness. They highlight that tenants were often unable to work due to emergency orders, not by choice. The case is expected to face a motion to dismiss and could potentially expand to include a larger class of plaintiffs, with the rental housing association asserting the need to protect the rights of small landlords who provide crucial affordable housing.

(Source：Columbian)