When a Skagit County resident’s motorhome broke down, law enforcement had it towed to an impound lot. The operators denied him access to his ownership documents, which were locked inside his home.
He requested a hearing on time. He declared his homestead rights under Washington State law. But court delays dragged on. Storage fees climbed to $8,000. When he was unable to pay them, his vehicular home was sold at auction. He was left homeless for over a year. The injustice was traumatic and devastating.
NJP worked with this client to successfully appeal the denial of his homestead rights. They reached a substantial monetary settlement with law enforcement over the loss of his home and belongings.
Legal rights
In 2021, the Washington Supreme Court affirmed in City of Seattle v. Long that the state’s Homestead Act protects vehicles used as primary residences from forced sale. It also ruled that excessive impound fees violate constitutional rights when they deprive people of their means of living and mandated consideration of ability to pay when setting fees.
Yet these protections routinely fail in practice, and everyday NJP attorneys speak with people who are in danger of losing their only shelter when their vehicle is towed. If that happens, people can lose not only transportation, but also shelter, belongings, and sometimes the tools of their trade and means of survival.
Patterns of injustice
Despite landmark legal protections in Washington state, vehicle residents continue to face devastating losses through improper impoundment practices. The cases that come to NJP reveal patterns of injustice:
- Denial of access to legally required hearings
- Ignoring homestead protections
- Imposing predatory fees
- Selling vehicles without proper process
- Blocking access to essential belongings
The human cost is severe and potentially extensive: At least one in five people who are unhoused in Washington find shelter in their vehicles.
The law protects vehicle residents’ rights, but without consistent enforcement and additional protections, people will continue to lose their only shelter. Homelessness and poverty will rise.
Learn more on Washington Law Help about your rights if you are living in your vehicle.