Housing court commissioners

AN ACT Relating to addressing court capacity for unlawful 1
detainer actions by authorizing superior courts to appoint housing 2
court commissioners; adding new sections to chapter 59.18 RCW; adding 3
a new section to chapter 59.20 RCW; and creating a new section.4
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:5
NEW SECTION. Sec. 1. The legislature finds that nearly 40 6
percent of Washington households are renter households. Washington is 7
one of the most expensive rental markets in the country. Rent 8
increases are outpacing incomes, disproportionately impacting: 9
Seniors; Black, indigenous, and people of color households; and 10
families with children, and are a significant cause of homelessness. 11
As of November 2024, Washington was experiencing the highest eviction 12
filing count on record, with 23,000 filings and with nine counties 13
already breaking records, including Clark, Grant, Jefferson, King, 14
Klickitat, Okanogan, Spokane, Thurston, and Whitman. Seven additional 15
counties were also on track to break records in 2024, including 16
Asotin, Columbia, Douglas, Kittitas, Pend Oreille, Skagit and Walla 17
Walla.18
A significant surge in unlawful detainer filings has contributed 19
to delays in court proceedings and case resolutions, creating 20
additional burdens for both landlords and tenants.21
H-0801.1
HOUSE BILL 1621
State of Washington 69th Legislature 2025 Regular Session
By Representatives Macri, Taylor, Peterson, Ramel, Ormsby, and Hill
Read first time 01/27/25. Referred to Committee on Civil Rights &
Judiciary.
p. 1 HB 1621
The legislature further finds that the right to counsel program 1
in eviction proceedings provides a vital safety net for low-income 2
renters, providing access to attorneys to ensure procedural fairness 3
in court and significantly reducing the risk of housing loss and 4
evictions into homelessness. Since January 2022, every tenant 5
screened and found eligible has been assigned an attorney through an 6
eviction defense provider contracted by the office of civil legal 7
aid. Of the clients served, 39 percent had a disability and 45 8
percent were Black, indigenous, and people of color.9
It is the intent of the legislature to address delays in court 10
proceedings by authorizing superior courts, with the consent of the 11
county legislative authority, to appoint well-trained and unbiased 12
court commissioners who can hear unlawful detainer cases.13
The legislature respectfully requests that superior courts 14
continue to closely coordinate their dockets with right to counsel 15
assignments for eligible defendants in unlawful detainer cases, and 16
encourages the courts to give consideration to the availability of 17
right to counsel attorneys when expanding their dockets.18
NEW SECTION. Sec. 2. A new section is added to chapter 59.18 19
RCW to read as follows: 20
(1) Except as provided in subsection (2) of this section, in each 21
county the superior court may appoint the following persons to assist 22
the superior court in disposing of its business related to unlawful 23
detainer actions for residential tenancies covered by this chapter 24
and chapter 59.20 RCW: 25
(a) One or more attorneys to act as housing court commissioners; 26
and 27
(b) Such investigators, stenographers, and clerks as the court 28
finds necessary to carry on the work of the housing court 29
commissioners. 30
(2) The position of a housing court commissioner may not be 31
created without prior consent of the county legislative authority.32
(3) The appointments provided for in this section are made by a 33
majority vote of the judges of the superior court of the county and 34
may be in addition to all other appointments of commissioners and 35
other judicial attaches otherwise authorized by law.36
(4) The appointments may be full-time or part-time positions. A 37
person appointed as a housing court commissioner may also be 38
appointed to any other commissioner position authorized by law.39
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(5) Housing court commissioners and investigators serve at the 1
pleasure of the judges appointing them and receive such compensation 2
as the county legislative authority shall determine.3
(6) A person appointed as a housing court commissioner shall 4
comply with the fairness and impartiality standards established in 5
RCW 3.34.110. 6
(7)(a) A person appointed as a housing court commissioner must 7
receive training as soon as reasonably practicable from the 8
administrative office of the courts on the following topics:9
(i) The residential landlord-tenant act, this chapter;10
(ii) The manufactured/mobile home landlord-tenant act, chapter 11
59.20 RCW; 12
(iii) Show cause hearing processes in the context of evictions 13
and unlawful detainer actions; and 14
(iv) Unlawful detainer procedures, chapter 59.16 RCW.15
(b) The administrative office of the courts may coordinate with 16
the office of civil legal aid to develop and deliver the training 17
described in (a) of this subsection. 18
NEW SECTION. Sec. 3. A new section is added to chapter 59.18 19
RCW to read as follows: 20
(1) By majority vote, the judges of the superior court of the 21
county may authorize housing court commissioners appointed pursuant 22
to section 2 of this act to perform any and all of the following 23
duties in an unlawful detainer action under this chapter:24
(a) Receive all applications, petitions, and proceedings filed in 25
the superior court related to unlawful detainer actions for 26
residential tenancies covered by this chapter; 27
(b) Order investigation and reporting of facts upon which to base 28
warrants, subpoenas, orders, or directions in actions or proceedings 29
related to unlawful detainer actions for residential tenancies 30
covered by this chapter; 31
(c) For the purpose of this chapter, exercise all powers and 32
perform all the duties of a court commissioner appointed pursuant to 33
RCW 2.24.010(1); 34
(d) Hold hearings in proceedings related to unlawful detainer 35
cases for residential tenancies covered by this chapter and make 36
written reports of all such proceedings, which shall become a part of 37
the record of the superior court; 38
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(e) Provide such supervision in connection with the exercise of 1
its jurisdiction as may be ordered by the presiding judge; and2
(f) Cause the orders and findings to be entered in the same 3
manner as orders and findings are entered in cases in the superior 4
court. 5
(2) All acts and proceedings of a housing court commissioner are 6
subject to revision by the superior court as provided in RCW 7
2.24.050. 8
NEW SECTION. Sec. 4. A new section is added to chapter 59.20 9
RCW to read as follows: 10
(1) By majority vote, the judges of the superior court of the 11
county may authorize housing court commissioners appointed pursuant 12
to section 2 of this act to perform any and all of the following 13
duties in an unlawful detainer action under this chapter:14
(a) Receive all applications, petitions, and proceedings filed in 15
the superior court related to unlawful detainer actions for 16
residential tenancies covered by this chapter; 17
(b) Order investigation and reporting of facts upon which to base 18
warrants, subpoenas, orders, or directions in actions or proceedings 19
related to unlawful detainer actions for residential tenancies 20
covered by this chapter; 21
(c) For the purpose of this chapter, exercise all powers and 22
perform all the duties of a court commissioner appointed pursuant to 23
RCW 2.24.010(1); 24
(d) Hold hearings in proceedings related to unlawful detainer 25
cases for residential tenancies covered by this chapter and make 26
written reports of all such proceedings, which shall become a part of 27
the record of the superior court; 28
(e) Provide such supervision in connection with the exercise of 29
its jurisdiction as may be ordered by the presiding judge; and30
(f) Cause the orders and findings to be entered in the same 31
manner as orders and findings are entered in cases in the superior 32
court. 33
(2) All acts and proceedings of a housing court commissioner are 34
subject to revision by the superior court as provided in RCW 35
2.24.050. 36
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