OLYMPIA, WA – October 1, 2024 – Northwest Justice Project (NJP), a nonprofit statewide law firm, has sued transitional housing provider Crossroads Housing, the city of Shelton, and four of its officers for the illegal eviction of Michelle Engles. Body cam footage of the illegal eviction of Ms. Engels from her one-bedroom apartment is available.
The lawsuit, filed in the United States District Court Western District of Washington, Tacoma, contends that Crossroads Housing and the Shelton Police Department engaged in an extra-judicial eviction, bypassing legal procedures that require a court process before a landlord can remove a tenant from their home. The unlawful eviction violated Ms. Engles’ right to due process and privacy and was done in direct violation of the Residential Landlord Tenant Act (RLTA).
“Any eviction in Washington must be carried out in accordance with the law,” said Carrie Graf, the NJP attorney representing Ms. Engles. “Among other things, this means that people should have a court hearing before they are evicted. The landlord should not be able to call the police to have them arrest a tenant because the landlord is tired of renting to them. But illegal evictions happen all the time, especially to the most vulnerable people.”
Ms. Engles, a woman in her 60s and living with disabilities entered transitional housing with her terminally ill husband two years ago after experiencing homelessness. Following her husband's passing just months after they moved in, Ms. Engles relied on the widow’s benefits and feared returning to homelessness.
"I was terrified of being homeless again," Ms. Engles said. "The police came to my apartment several times, threatened to arrest me, and finally escorted me out with my hands behind my back. They treated me like a criminal in my own home."
The treatment of Ms. Engles is part of a disturbing trend of housing providers and local authorities circumventing the law, resulting in illegal displacement of residents and potential civil rights violations.
Scott Crain, an attorney with NJP, noted that the case is similar to a lawsuit against the city of Sunnyside, addressed last June by the Washington Supreme Court. In that case, Sunnyside illegally used local police to evict tenants enrolled in the city-run Crime Free Rental Housing Program.
“Such illegal use of law enforcement tends to disproportionately affect vulnerable populations – in Sunnyside, it targeted Latino tenants and female-headed households. Families were separated and tenants were suddenly homeless,” Crain said. “Similarly, the Shelton case impacts some of the most vulnerable tenants who are living in transitional housing.”
Transitional housing programs in Washington provide housing and supportive services to help individuals and families move from homelessness to stable, permanent housing. Such programs are often funded through a combination of federal, state, and local resources with standard tenancies lasting two years.
In 2021, the Washington State Legislature enacted significant changes to the RLTA. Among these was a measure that clearly stated transitional housing providers are required to follow landlord/tenant laws. An additional change ensured tenants have meaningful access to free legal assistance in eviction court.
“The Legislature was clear: transitional housing providers must comply with legal eviction procedures,” Graf said. “When a landlord and police department team up to act as the judge, the jury, and the sheriff when dealing with a tenant, the rule of law is thrown out the window.”
The lawsuit also highlights the critical need for stricter oversight of housing programs and law enforcement practices to prevent such abuses of power and protect tenants' rights. "The inconsistent administration of transitional housing programs hides abuses and leaves vulnerable tenants powerless," Crain said.
Ms. Engles is seeking to prevent Crossroads and the Shelton Police from illegally removing tenants from their homes in the future.
About Northwest Justice Project: NJP is a non-profit law firm that provides free civil legal assistance and representation to low-income people across Washington State. NJP's mission is to combat injustice, strengthen communities, and protect human dignity. Its work on behalf of low-income families, individuals, and communities addresses fundamental human needs when confronting issues such as domestic violence, threats to housing, income security, education, health care and employment. NJP also hosts and maintains WashingtonLawHelp.org | Helpful information about the law in Washington.