Inslee’s COVID-19 eviction ban was legal, state Supreme Court rules

The court ruled 5-4 against landlords who argued Inslee exceeded his authority with the pandemic-era measure.

Logo for news use, for stories regarding Washington state government — Olympia, the Legislature and state agencies. No caption necessary. 20220331

By Laurel Demkovich / Washington State Standard

A divided Washington Supreme Court on Thursday rejected claims that Gov. Jay Inslee exceeded powers granted to him under state law when he imposed an emergency ban on evictions during the depths of the COVID-19 pandemic.

Landlords sued over the restrictions, arguing Inslee overstepped his authority and violated the state constitution. Lower courts sided against the landlords, and the Supreme Court’s 5-4 decision upholds those rulings.

Though the eviction moratorium is no longer in place, the court said it was still important to rule on the case.

“Undoubtedly, our state will face crises again that will call for the use of emergency power,” according to the opinion. “It is appropriate for this court to consider whether that power was used lawfully here to guide its use in the future.”

The decision marks another win for Inslee with his pandemic-era emergency proclamations, a number of which have been challenged and upheld in court.

“We appreciate the justices’ careful consideration of this matter,” Inslee spokesman Mike Faulk wrote in an email. “The eviction moratorium was an important piece of our life-saving efforts during the worst of the pandemic.”

The court ruling notes estimates showing that without the moratorium, 790,000 people in Washington would have been evicted from their homes during the pandemic.

Rent obligations ‘never waived or suspended’

Gene and Susan Gonzales, the Horwath Family Two, LLC, and the Washington Landlord Association filed a lawsuit in May 2021 over Inslee’s statewide eviction moratorium.

In March 2020, Inslee issued his first proclamation prohibiting landlords and law enforcement from proceeding with evictions for tenants’ failure to pay rent. Over the next year and a half, Inslee extended and modified the moratorium alongside a similar federal policy.

The plaintiffs argued that Inslee exceeded his authority as governor by waiving state laws that required tenants to pay rent.

But Chief Justice Steven González wrote in the majority opinion that Inslee’s proclamation never took away the requirement for tenants to pay rent and instead emphasized that tenants that could afford to should pay.

“The obligation to pay rent was never waived or suspended, regardless of whether some tenants took advantage of the fact they would not be immediately evicted if they stopped paying,” González wrote.

The challengers also argued that Inslee violated the state constitution’s contracts clause and its doctrine on the separation of powers between the state’s three branches of government.

The court disagreed. The justices in the majority found that the eviction moratorium did not violate the contracts clause because it did not cancel tenants’ obligations to pay rent, and instead only delayed the consequences of them failing to do so.

The court rejected the separation of powers claims on the grounds that the laws surrounding evictions were created by the Legislature, with lawmakers delegating the governor authority to change them as needed during a state of emergency.

The opposing view

Richard Stephens, attorney for the landlords, said the Gonzales’s and the Horwath’s were “deeply disappointed” in the court’s decision, which he said prevents them from seeking any relief against tenants who had a steady income during the pandemic but chose not to pay their rent.

“The decision is a significant undercutting of individual rights,” he said.

Justices Sheryl Gordon McCloud, Mary Yu, Raquel Montoya-Lewis and Debra Stephens signed onto the majority opinion.

Four justices – Charles Johnson, Barbara Madsen, Susan Owens and Helen Whitener – joined in a dissenting opinion. In it, Johnson wrote that the governor did not have the authority to suspend landlords’ legal right to evict and tenants’ legal obligation to pay rent.

While the dissent agreed that the moratorium didn’t suspend any laws surrounding evictions and rent payments, it said it had the effect of doing so by limiting when landlords could evict tenants.

Washington State Standard is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Washington State Standard maintains editorial independence. Contact Editor Bill Lucia for questions: info@washingtonstatestandard.com. Follow Washington State Standard on Facebook and Twitter.

Talk to us

> Give us your news tips.

> Send us a letter to the editor.

> More Herald contact information.

More in Northwest

A rental sign seen in Everett. Saturday, May 23, 2020 (Sue Misao / Herald file)
Compromise reached on Washington bill to cap rent increases

Under a version released Thursday, rent hikes would be limited to 7% plus inflation, or 10%, whichever is lower.

The Washington state Capitol on April 18, 2025. (Photo by Jacquelyn Jimenez Romero/Washington State Standard)
Parental rights overhaul gains final approval in WA Legislature

The bill was among the most controversial of this year’s session.

Trees and foliage grow at the Rockport State Park on Wednesday, April 3, 2024 in Rockport, Washington. (Annie Barker / The Herald)
Washington Legislature approves hiking Discover Pass price to $45

The price for a Washington state Discover Pass would rise by $15… Continue reading

Cherry blossoms in bloom at the Washington state Capitol on April 18, 2025. (Photo by Jacquelyn Jimenez Romero/Washington State Standard)
Democrats in Washington Legislature wrap up budget negotiations

Democratic budget writers are done hashing out details on a new two-year… Continue reading

Rep. Travis Couture, R-Allyn, speaks on the House floor in an undated photo. He was among the Republicans who walked out of a House Appropriations Committee meeting this week in protest of a bill that would close a facility in Pierce County for people with intellectual and developmental disabilities. (Photo courtesy of Legislative Support Services)
Republicans walk out after WA House committee votes to close center for people with disabilities

Those supporting the closure say that the Rainier School has a troubled record and is far more expensive than other options.

Jacquelyn Jimenez Romero / Washington State Standard
Gov. Bob Ferguson signing Senate Bill 5480, a bill that would exempt medical debt from credit reports, on Tuesday.
WA bill to keep medical debt off credit reports signed into law

Washingtonians’ medical debt will not be included in their credit reports, under… Continue reading

Jacquelyn Jimenez Romero / Washington State Standard 
Gov. Bob Ferguson during a media availability on April 1.
Ferguson criticizes Democrats’ $12B tax plan as ‘too risky’

The governor is still at odds with lawmakers in his party over how much revenue the state should raise to deal with a multibillion dollar shortfall.

Gov. Bob Ferguson in his first bill signing event on Friday, April 4, 2025. (Photo by Jacquelyn Jimenez Romero/Washington State Standard)
WA bill to restrict outside National Guard from entering state is signed into law

During his inaugural address in January, Gov. Bob Ferguson highlighted his support… Continue reading

Ryan Berry / Washington State Standard
Washington state Attorney General Nick Brown, seen here during a January interview, is sparring with members of Congress over the state’s immigration policy
Washington AG defends state’s ‘sanctuary’ policy amid congressional scrutiny

Republican U.S. Rep. Michael Baumgartner, who represents eastern Washington, is among those pressuring Attorney General Nick Brown on immigration issues.

The Washington state Capitol on March 27. (Photo by Jacquelyn Jimenez Romero/Washington State Standard)
Democrats in Washington Legislature reveal sweeping new tax plan

It cobbles together a range of hikes, including on businesses, capital gains, and property. A question now is whether Gov. Bob Ferguson will support the proposals.

A student walks down a hallway at Evergreen Middle School past a sign displaying different values the students should embody while occupying the space on a 2024 school day in Everett. (Olivia Vanni / The Herald)
Washington takes ‘historic’ step toward full funding for special education

The House passed a Senate bill that ditches a cap on the flow of state dollars to school districts.

A damaged vehicle is seen in the aftermath of a June 2024 crash in Thurston County, in which the driver of another vehicle was suspected of speeding and driving under the influence. (Photo courtesy of Thurston County Sheriff Office)
Washington Senate passes bill to require speed limiting devices for habitual speeders

The state Senate passed a bill Tuesday attempting to stop habitual speeders… Continue reading

Support local journalism

If you value local news, make a gift now to support the trusted journalism you get in The Daily Herald. Donations processed in this system are not tax deductible.