Washington State Eviction Resolution Program (ERP)
Washington State housing providers ONLY: Eviction Resolution Program (ERP)
In response to the COVID-19 emergency and the anticipated deluge of eviction filings, Clark County Superior Court has introduced a program to support Landlords and Tenants in resolving cases before they are filed in court. This program, called the Eviction Resolution Program (ERP), is in effect in Washington: Clark, King, Pierce, Snohomish, Spokane and Thurston
Counties.
After the eviction moratoria are lifted, all Landlords in the above counties are required to follow the ERP process prior to filing any eviction complaint for nonpayment. Following the ERP process prior to the expiration of any state and/or local eviction moratoria is encouraged and has practical benefits. Any Landlord that voluntarily follows the ERP process prior to the expiration of the moratoria will be deemed to have followed the requirements and need not do so again once the moratoria expires.
ERP PROCESS
- Prior to serving and/or filing a summons and complaint for nonpayment of rent post-moratoria, the Landlord or Landlord’s counsel:
a. Shall comply with the ERP including Tier One and Tier Two processes;
i. Tier One – Send Notice #1
ii. Tier Two – If there is no response from the Tenant within 14 days, send Notice #2
b. Shall file the ERP DRC Certification Form at the time of filing a summons and complaint with the court.
After the expiration of the moratoria, the ERP process will be mandatory. The benefit of following the ERP process prior to the expiration of the moratoria is twofold. First, it may result in a payment plan whereby you will begin to receive payments for past due rent from a Tenant. Second, if the Tenant does not respond to the notice(s) or comply with the ERP process, you will obtain the ERP DRC Certification form. This form is required to file a summons and complaint for nonpayment. Following the ERP process prior to the expiration of the moratoria allows you to obtain the ERP DRC Certification form and file an eviction complaint promptly upon the expiration of the moratoria and without the delay of completing the ERP process post moratoria.
Finally, please note that the ERP program is separate and distinct from Washington’s Eviction Rental Assistance Program (ERAP). Landlords may encourage their Tenants to apply with ERAP for rent assistance or apply for funds on behalf of Tenants.
This article is not intended as legal advice. Please obtain advice of an attorney for any policy change or decisions regarding residential and commercial Landlord-Tenant matters.