SPOKANE Passes “Pathways to Eviction Diversion” Ordinance

On February 2, the Spokane City Council approved Ordinance C36808, titled “Pathways to Eviction Diversion for Spokane,” on a 5-2 vote. Sponsored by Council Members Paul Dillon and Kitty Klitzke, the ordinance creates a mandatory eviction diversion framework that adds strict procedural requirements for housing providers before initiating most residential eviction actions.

This ordinance is scheduled to take effect June 1, 2026. Here is what RHAWA members operating in Spokane need to know to prepare.

WHAT THE ORDINANCE REQUIRES

The ordinance imposes two primary obligations on housing providers:

1. Mandatory Informational Notices: Landlords must provide tenants with written notice of all city-managed eviction prevention programs and state-funded pre-eviction legal services. This notice must be provided at the following specific times:
   
   • At lease signing
   • At lease renewal
   • With any rent increase notices
   • With any 14-day pay-or-vacate notices
     (Note: As of April, no copy of this upcoming mandatory notice has been shared with RHAWA or the community. We will update our members as soon as it is provided by the City.)

2. 30-Day Diversion Participation: For evictions based solely on nonpayment of rent, landlords must participate “in good faith” in a city-designated eviction diversion program for at least 30 days after submitting a demand for payment, prior to proceeding with an unlawful detainer action. The City will designate a diversion program operator to connect tenants with rental assistance funds or mediate disputes between tenants and landlords.

EXEMPTIONS

The 30-day diversion requirement applies only to nonpayment cases.

• Imminent Hazards: Tenants who engage in conduct presenting an imminent hazard (e.g., dangerous criminal activity or severe property damage) can still be removed through existing state law processes without entering diversion.
• Behavioral Violations: Other behavioral violations under the Residential Landlord-Tenant Act (RCW 59.18) remain outside the mandatory diversion framework.

Crucial Exception: Even for exempt behavioral violations, the informational notice requirements regarding legal and prevention services still apply broadly to rent increases, mutual termination agreements, and notices of non-renewal.

COMPLIANCE IS A SUBSTANTIVE DEFENSE

This is the detail that matters most for day-to-day operations: failure to provide the required notices can be raised as a defense by tenants in any subsequent eviction proceeding. Housing providers should expect courts to treat compliance with the new notice and diversion requirements as a threshold issue. In practical terms, an otherwise valid eviction action can fail entirely if the landlord did not follow the ordinance’s specific procedural steps.Front-loading your compliance is not optional—it is essential.

OPERATIONAL CONCERNS & CHALLENGES

Timing and the 60-Day Window: RHAWA and local housing attorneys have flagged a significant concern regarding the interaction between the new 30-day diversion period and the existing state-law requirement that evictions for nonpayment proceed within 60 days of serving a pay-or-vacate notice (RCW 59.18). This compressed timeline leaves little margin for error. Housing providers should work closely with legal counsel to map out their compliance calendar once the City publishes its operational rules.

The Funding Question

The ordinance establishes a diversion process but does not appropriate new money to fund it. It relies on existing state funding streams administered through the Department of Commerce.

Important: Even when assistance funds are exhausted, the 30-day diversion participation requirement remains in effect. Landlords must still engage in the process regardless of whether financial assistance is ultimately available.

THE COUNCIL VOTE

The ordinance passed 5-2.

• In Favor: Council Members Dillon, Klitzke, Telis, Dixit, and Zappone.
• Opposed: Council Member Michael Cathcart and Council President Betsy Wilkerson.

ACTION ITEMS: WHAT TO DO NOW

Although the ordinance does not take effect until June 1, the preparation window is short. RHAWA strongly recommends taking the following steps immediately:

• Look for RHAWA communications about the new required document. RHAWA will provide updated lease language, addendums, and additional education once the City releases the required notice and operational details.
• Consult Legal Counsel: Speak with your attorney about how the 30-day diversion period will interact with your existing nonpayment eviction timeline under state law.
• Stay Connected: Contact RHAWA’s Spokane office with questions about compliance or to report operational issues as the program rolls out.

A Final Note: We want to sincerely thank all of our members and community partners who came down to City Hall and voiced their concerns during this process. RHAWA will continue to track the City’s implementation process and provide updates as operational details are finalized.