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; creating a new section; and 4
declaring an emergency. 5
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:6
NEW SECTION. Sec. 1. The legislature finds that nearly 40 7
percent of Washington households are renter households. Washington is 8
one of the most expensive rental markets in the country. Rent 9
increases are outpacing incomes, disproportionately impacting: 10
Seniors; Black, indigenous, and people of color households; and 11
families with children, and are a significant cause of homelessness. 12
As of November 2024, Washington was experiencing the highest eviction 13
filing count on record, with 23,000 filings and with nine counties 14
already breaking records, including Clark, Grant, Jefferson, King, 15
Klickitat, Okanogan, Spokane, Thurston, and Whitman. Seven additional 16
counties were also on track to break records in 2024, including 17
Asotin, Columbia, Douglas, Kittitas, Pend Oreille, Skagit and Walla 18
Walla.19
S-1377.1
SENATE BILL 5741
State of Washington 69th Legislature 2025 Regular Session
By Senators Alvarado, Bateman, Nobles, and Pedersen
Read first time 02/13/25. Referred to Committee on Housing.
p. 1 SB 5741
A significant surge in unlawful detainer filings has contributed 1
to delays in court proceedings and case resolutions, creating 2
additional burdens for both landlords and tenants. 3
The legislature further finds that the right to counsel program 4
in eviction proceedings provides a vital safety net for low-income 5
renters, providing access to attorneys to ensure procedural fairness 6
in court and significantly reducing the risk of housing loss and 7
evictions into homelessness. Since January 2022, every tenant 8
screened and found eligible has been assigned an attorney through an 9
eviction defense provider contracted by the office of civil legal 10
aid. Of the clients served, 39 percent had a disability and 45 11
percent were Black, indigenous, and people of color.12
It is the intent of the legislature to address delays in court 13
proceedings by authorizing superior courts, with the consent of the 14
county legislative authority, to appoint well-trained and unbiased 15
court commissioners who can hear unlawful detainer cases.16
The legislature respectfully requests that superior courts 17
continue to closely coordinate their dockets with right to counsel 18
assignments for eligible defendants in unlawful detainer cases, and 19
encourages the courts to give consideration to the availability of 20
right to counsel attorneys when expanding their dockets.21
NEW SECTION. Sec. 2. A new section is added to chapter 59.18 22
RCW to read as follows: 23
(1) Except as provided in subsection (2) of this section, in each 24
county the superior court may appoint the following persons to assist 25
the superior court in disposing of its business related to unlawful 26
detainer actions for residential tenancies covered by this chapter 27
and chapter 59.20 RCW: 28
(a) One or more attorneys to act as housing court commissioners; 29
and 30
(b) Such investigators, stenographers, and clerks as the court 31
finds necessary to carry on the work of the housing court 32
commissioners. 33
(2) The position of a housing court commissioner may not be 34
created without prior consent of the county legislative authority.35
(3) The appointments provided for in this section are made by a 36
majority vote of the judges of the superior court of the county and 37
may be in addition to all other appointments of commissioners and 38
other judicial attaches otherwise authorized by law.39
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(4) The appointments may be full-time or part-time positions. A 1
person appointed as a housing court commissioner may also be 2
appointed to any other commissioner position authorized by law.3
(5) Housing court commissioners and investigators serve at the 4
pleasure of the judges appointing them and receive such compensation 5
as the county legislative authority shall determine.6
(6) A person appointed as a housing court commissioner shall 7
comply with the fairness and impartiality standards established in 8
RCW 3.34.110. 9
(7)(a) A person appointed as a housing court commissioner must 10
receive training as soon as reasonably practicable from the 11
administrative office of the courts on the following topics:12
(i) The residential landlord-tenant act, this chapter;13
(ii) The manufactured/mobile home landlord-tenant act, chapter 14
59.20 RCW; 15
(iii) Show cause hearing processes in the context of evictions 16
and unlawful detainer actions; and 17
(iv) Unlawful detainer procedures, chapter 59.16 RCW.18
(b) The administrative office of the courts may coordinate with 19
the office of civil legal aid to develop and deliver the training 20
described in (a) of this subsection. 21
NEW SECTION. Sec. 3. A new section is added to chapter 59.18 22
RCW to read as follows: 23
(1) By majority vote, the judges of the superior court of the 24
county may authorize housing court commissioners appointed pursuant 25
to section 2 of this act to perform any and all of the following 26
duties in an unlawful detainer action under this chapter:27
(a) Receive all applications, petitions, and proceedings filed in 28
the superior court related to unlawful detainer actions for 29
residential tenancies covered by this chapter; 30
(b) Order investigation and reporting of facts upon which to base 31
warrants, subpoenas, orders, or directions in actions or proceedings 32
related to unlawful detainer actions for residential tenancies 33
covered by this chapter; 34
(c) For the purpose of this chapter, exercise all powers and 35
perform all the duties of a court commissioner appointed pursuant to 36
RCW 2.24.010(1); 37
(d) Hold hearings in proceedings related to unlawful detainer 38
cases for residential tenancies covered by this chapter and make 39
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written reports of all such proceedings, which shall become a part of 1
the record of the superior court; 2
(e) Provide such supervision in connection with the exercise of 3
its jurisdiction as may be ordered by the presiding judge; and4
(f) Cause the orders and findings to be entered in the same 5
manner as orders and findings are entered in cases in the superior 6
court. 7
(2) All acts and proceedings of a housing court commissioner are 8
subject to revision by the superior court as provided in RCW 9
2.24.050. 10
NEW SECTION. Sec. 4. A new section is added to chapter 59.20 11
RCW to read as follows: 12
(1) By majority vote, the judges of the superior court of the 13
county may authorize housing court commissioners appointed pursuant 14
to section 2 of this act to perform any and all of the following 15
duties in an unlawful detainer action under this chapter:16
(a) Receive all applications, petitions, and proceedings filed in 17
the superior court related to unlawful detainer actions for 18
residential tenancies covered by this chapter; 19
(b) Order investigation and reporting of facts upon which to base 20
warrants, subpoenas, orders, or directions in actions or proceedings 21
related to unlawful detainer actions for residential tenancies 22
covered by this chapter; 23
(c) For the purpose of this chapter, exercise all powers and 24
perform all the duties of a court commissioner appointed pursuant to 25
RCW 2.24.010(1); 26
(d) Hold hearings in proceedings related to unlawful detainer 27
cases for residential tenancies covered by this chapter and make 28
written reports of all such proceedings, which shall become a part of 29
the record of the superior court; 30
(e) Provide such supervision in connection with the exercise of 31
its jurisdiction as may be ordered by the presiding judge; and32
(f) Cause the orders and findings to be entered in the same 33
manner as orders and findings are entered in cases in the superior 34
court. 35
(2) All acts and proceedings of a housing court commissioner are 36
subject to revision by the superior court as provided in RCW 37
2.24.050. 38
p. 4 SB 5741
NEW SECTION. Sec. 5. This act is necessary for the immediate 1
preservation of the public peace, health, or safety, or support of 2
the state government and its existing public institutions, and takes 3
effect immediately.4
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