Washington State Update: End Date for Offer of Reasonable Repayment Plan and ERPP Program

Multifamily NW Members,

Some of the Washington State requirements of housing providers related to termination for nonpayment of rent are nearing their expiration. Currently, housing providers must provide renters with a reasonable repayment plan when serving a termination notice for nonpayment of rent. The law requires that housing providers must continue to offer the reasonable repayment plan with any termination notice for nonpayment of rent that includes debts that accrued between March 1, 2020, and April 30, 2023.

However, as of May 1, 2023, if a Washington State housing provider issues a termination notice for outstanding rent for May 2023 rent and beyond, it is not required to offer a repayment plan.

With this in mind, best practices to satisfy this requirement would be to serve every renter, who has not already received an offer a reasonable payment plan, an independent repayment plan (do not include a termination notice) for any rent due and owing through April 30, 2023. Renters would have the option to enter a repayment plan at that time.

Having definitively satisfied the repayment plan obligations under State law, a housing provider could then serve notices to pay or vacate in May 2023 and beyond without ever having to offer a repayment plan again to any of its renters (so long as those notices do not demand any rent owing for periods prior to May 2023).

The Eviction Resolution Pilot Program (ERPP) ends July 1, 2023. Any termination for nonpayment of rent issued through June 30, 2023, must include the ERPP Notice.

Beginning July 1, 2023, it will no longer be needed to include the ERPP notice with a termination for nonpayment of rent, submit paperwork to the Dispute Resolution Center (DRC), or otherwise obtain a DRC certificate prior to filing an unlawful detainer action.

This article is not intended as comprehensive legal advice. It's recommend that Washington State housing providers verify with their landlord/tenant law attorney the changes in these requirements, and that no new laws have passed reinstating these rules - or that local jurisdictions have placed additional requirements on housing providers. Always obtain advice of an attorney for any policy changes or decisions regarding Landlord/Tenant matters.