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A state appeals court Monday, saying that parts of Seattle鈥檚 eviction moratorium are not legal.

Two parts of the moratorium, codified under council legislation, were struck down: that which allows tenants to avoid eviction for six months after the expiration of the eviction moratorium under the mayor鈥檚 civil emergency鈥� which technically ended earlier in February; and a provision which bans the accrual of interest on unpaid rent during the civil emergency.

Seattle council upholds eviction moratorium expiration set for Feb. 28

In the court鈥檚 opinion, the judge writes that tenants do not have to prove financial hardship as the legislation is written. Ultimately, landlords will have the ability to challenge tenant claims of financial hardship were they to avoid eviction under laws passed by the council.

鈥淣otably, the six-month eviction ban extension drops the requirement that the tenant prove they suffered a financial hardship during the COVID-19 civil emergency. While the tenant must submit a 鈥榮elf-certification鈥� to assert a financial hardship, there is no provision requiring the tenant to actually prove the existence of such a hardship,鈥� the appeals court鈥檚 opinion reads.

鈥淥n summary judgment, 鈥� we conclude that the ordinance prohibiting a landlord from evicting a tenant for nonpayment of rent for six months after the end of the civil emergency, without affording the landlord the opportunity to challenge a tenant鈥檚 self-certification of a financial hardship, violates the landlord鈥檚 right to procedural due process. We otherwise affirm.鈥�

The council legislation in question largely relates to which extended the mayor鈥檚 eviction moratorium for the six-month period following the end of the civil emergency. A subsequent ordinance, , banned the accrual of interest on unpaid rent during that time, which the appeals court deemed unlawful Monday.

“We are grateful for the Court鈥檚 decision, which stops the cycle of debt for housing providers and residents trapped in Seattle鈥檚 ongoing COVID-19 eviction ban. 90 cents of every dollar of rent goes to the operating costs of a property 鈥� and Seattle鈥檚 laws that prevent timely rental payments have resulted in the loss of hundreds of rental homes from the marketplace. We applaud the court for seeing that the ordinances did not adhere to basic constitutional protections. We continue to examine our issues with Seattle鈥檚 winter eviction ban,鈥� a statement from the Rental Housing Association of Washington reads.

Other portions of the eviction moratorium, including the winter eviction ban, remain intact.

“The challenged protections remain in place until final action by the appellate courts. The Mayor鈥檚 Office is in communication with the City Attorney鈥檚 Office on next steps as they evaluate this ruling and a potential appeal. Information about additional protections and resources for tenants and small landlords continues to be available at this ,” reads a statement on behalf of Mayor Bruce Harrell.

成人X站 Newsradio’s Hanna Scott and Diane Duthweiler contributed to this report.聽