SPOKANE, Wash. – Attorneys for a level three sex offender released to Spokane in 2016 have filed a motion for him to move to new housing.

David McCuistion was served an eviction notice by his landlord at the New Washington Apartments in downtown Spokane back in July. He was served an eviction notice at his current apartment because his landlord did not like the publicity, court documents said.

According to documents, McCuistion would move to new housing a little north of downtown Spokane. Documents show the manager of the new apartments has agreed to accept McCuistion as a tenant. His rent and utilities at the new apartment would cost the state $900 a month, according to court records.

The apartment manager went on to say if McCuistion violates any of his release conditions and he becomes aware of these violations, he will immediately report it to McCuistion's assigned community corrections officer.

A check of McCuistion's case showed only one new violation. Documents said on September 8, McCuistion failed to take his GPS device with him. Having the GPS is part of his residential conditions. Other than that, his monthly treatment progress report showed he had no violations or concerns regarding community safety. The report also said McCuistion earned his welding certification and applied for work.

A hearing on the motion to move McCuistion is scheduled for October 20 in Pierce County. A judge will then decide whether or not he will be allowed to move.

McCuistion was found guilty in 1993 of rape in the third degree, as well as third degree assault. A judge granted McCuistion release in Pierce County and allowed him to move to Spokane in October 2016.