Access to Justice is the Foundation Upon Which a Community of Practice is Built - BAR BULLETIN

Bar Bulletin


Posted on: May 1, 2024

KCBA’s housing justice work has grown exponentially over the years. What began in 1998 as a volunteer service now supports a staff of 43 dedicated to promoting housing stability and availability while aiding individuals in avoiding eviction. The focus of the Housing Justice Project (HJP) has long been ensuring access to justice and preventing homelessness by ensuring tenants have adequate legal representation and that emergency assistance is available to households during times of financial hardship, medical crises, or other household losses. The KCBA’s HJP recognizes that evictions are profoundly distressing events, particularly for households with vulnerable members such as children, seniors, or persons with disabilities.

In 2021, Washington instituted a guarantee of counsel for indigent tenants in eviction cases (RTC). This law ensures that low-income households have access to legal representation during eviction proceedings, with eligibility based on income criteria. HJP may assist households that do not meet the state’s criteria using other funding sources. HJP has been instrumental in providing legal assistance to thousands of households in Washington under this program.

KCBA’s HJP serves as a vital instrument in ensuring equitable access to housing stability and legal assistance for individuals facing eviction and housing insecurity. With a focus on vulnerable populations such as households with children, seniors, and persons with disabilities, HJP offers crucial support through legal representation, rental assistance, and outreach programs. By providing advocacy and guidance, HJP not only helps individuals navigate complex legal processes but also works towards preventing homelessness and promoting housing stability within our communities. Through collaborative efforts with governmental agencies, nonprofits, and community stakeholders, we address systemic inequalities and strive to uphold the fundamental right to safe and secure housing for all.

Before the pandemic, King County experienced a consistent rate of over 4,000 households annually facing eviction. The state and King County have partnered with us to tackle these issues and offer support to individuals navigating housing-related legal obstacles. Our programs include direct aid to those facing housing instability, which encompasses legal representation, outreach, education for both tenants and landlords, and rental assistance.

KCBA has collaborated with landlord and tenant groups to ensure rental assistance is available, preventing housing loss and income disruptions. In recent years, various stakeholders have recognized rental assistance as crucial in addressing Washington’s housing crisis. Through initiatives like the Eviction Prevention and Rent Assistance Program (EPRAP), HJP provided diversion services to local households grappling with homelessness and housing instability. Since 2020, KCBA’s HJP has distributed over $20 million in rental assistance to landlords and tenants in King County, sourced from various funds aimed at ensuring housing stability.

EPRAP began in 2020, aiding over 40,000 households in King County by providing more than $400 million to households to prevent eviction. King County contracted with HJP to distribute funds to landlords on behalf of tenants facing eviction. Eligibility criteria were established by federal and local authorities, with KCBA’s HJP ensuring compliance and determining eligibility for rental assistance. The streamlined processes aim to swiftly provide aid and prevent evictions, offering assistance for up to 15 or 18 months, depending on funding sources, and contributing to monthly rents up to 150% of the Small Area Fair Market Rent. All rental assistance payments are made directly to landlords to prevent eviction and maintain tenant housing. KCBA’s HJP continues to distribute rental assistance through several different programs.

Access to justice is key in protecting the right to housing and the KCBA is proud to participate in creating and maintaining a sustainable community of practice in housing eviction defense. 

Edmund Witter is KCBA’s HJP Senior Managing Attorney and he can be reached by email at (edmundw@kcba.org) or phone (206.267.7019).