[WSBARP] Spokane To Potentially Have The Same City of Seattle Unlawful Detainer 'Just Cause' Ordinance? Question For City of Seattle Eviction Practitioners

Rob Rowley rob at rowleylegal.com
Wed Jan 14 08:59:42 PST 2015


I would like to hear from one or more of the city of Seattle eviction
practitioners as to their experiences with the ‘just cause’ ordinance which
I understand has been around for close to 30 years.  What is your practical
experience of conducting an eviction within the city of Seattle versus
outside of the city of Seattle.  Being from Spokane we do not currently
have a ‘just cause’ ordinance.  For non-eviction practitioners, a ‘just
cause’ ordinance effectively does away with the residential ‘no cause’ 20
day notices (and by effect month-to-month tenancies.)



There is a move afoot for the a city of Spokane to adopt on almost
identical ordinance which is set forth below.  I'm wanting to get a feel
for what one could expect as a practitioner and what counsel I could give
to my landlord clients (as they are already calling).  Also, I am also a
residential landlord myself.



Considering the political makeup of the city of Spokane Council it appears
all but inevitable.  Though, with politics you never know for sure.



Thank you.





*Robert R. Rowley* | Attorney at Law

505 W. Riverside Ave, Suite 500

Spokane, WA  99201

Telephone: (509) 252-5074

Mobile: (509) 994-1143

Facsimile: (509) 928-3084

Email: rob at rowleylegal.com

Web Site: www.rowleylegal.com



Practice concentrated on business, real estate and general legal matters in
Washington and Idaho.



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Ordinance No. C-______



                        AN ORDINANCE relating to just cause eviction of
tenants; adopting a new section ______ to chapter _____ of the Spokane
Municipal Code.





            The City of Spokane does ordain:



            Section 1.      That there is adopted a new section ___ to
chapter ____ of the Spokane Municipal Code to read as follows:



_________    Just Cause Eviction



A.        Pursuant to provisions of the state Residential Landlord-Tenant
Act (Chapter 59.18 RCW) owners may not evict residential tenants without a
court order, which can be issued by a court only after the tenant has an
opportunity in a show cause hearing to contest the eviction (RCW
59.18.380). In addition, owners of housing units shall not evict or attempt
to evict, nor endeavor to recover possession of a rental unit from any
tenant unless the owner can prove in court that just cause exists. The
reasons for termination of tenancy or refusal to renew a lease are listed
below, and no others, shall constitute just cause under this section.



1.         The tenant fails to comply with a three day notice to pay rent
or vacate pursuant to RCW 59.12.030(3); a ten day notice to comply or
vacate pursuant to RCW 59.12.030(4); or a three day notice to vacate for
waste, nuisance (including a drug-related activity nuisance pursuant to RCW
Chapter 7.43) or maintenance of an unlawful business or conduct pursuant to
RCW 59.12.030(5);

2.         The tenant habitually fails to pay rent when due which causes
the owner to notify the tenant in writing of late rent five or more times
in a twenty four (24) month period;

3.         The tenant fails to comply with a ten (10) day notice to comply
or vacate that requires compliance with a material term of the rental
agreement or that requires compliance with a material obligation under RCW
59.18;

4.         The tenant habitually fails to comply with the material terms of
the rental agreement which causes the owner to serve a ten day notice to
comply or vacate four or more times in a twelve (12) month period;

5.         The owner seeks possession and gives the tenant at least 90 days
written  notice prior to the date set for vacating, which date shall
coincide with the end of the term of a rental agreement, or if the
agreement is month to month, with the last day of a monthly period, so that
the owner or a member of his or her immediate family may occupy the unit as
that person's principal residence and no substantially equivalent unit is
vacant and available in the same building. "Immediate family" shall include
the owner's domestic partner, spouse, parents, grandparents, children,
brothers and sisters of the owner, of the owner's spouse, or of the owner's
domestic partner. There shall be a rebuttable presumption of a violation of
this subsection if the owner or a member of the owner's immediate family
fails to occupy the unit as that person's principal residence for at least
60 consecutive days during the 90 days immediately after the tenant vacated
the unit pursuant to a notice of termination or eviction using this
subparagraph as the cause for eviction;



6.         The tenant's occupancy is conditioned upon employment on the
property and the employment relationship is terminated;

7.         The owner seeks to do substantial rehabilitation in the
building; provided that, the owner must obtain at least one permit
necessary for the rehabilitation.

8.         The owner elects to demolish the building, convert it to a
cooperative, or convert it to a nonresidential use; provided that, the
owner must obtain a permit necessary to demolish or change the use before
terminating any tenancy.

9.         The owner seeks to discontinue use of a housing unit
unauthorized by the Spokane Municipal Code after receipt of a notice of
violation thereof. The owner is required to pay relocation assistance to
the tenant(s) of each such unit at least two weeks prior to the date set
for termination of the tenancy, at the rate of:

            a)         $2,000 for a tenant household with an income during
the past 12    months at or below 50 percent of the County median income, or

            b)         Two months' rent for a tenant household with an
income during the           past 12 months above 50 percent of the County
median income;

1.         The owner seeks to reduce the number of individuals residing in
a dwelling unit to comply with the maximum limit of individuals allowed to
occupy one dwelling unit , as required by Spokane Municipal Code, and:



            a)         The owner is unable to obtain a permit to allow the
unit with that      number of residents.

            b)         The owner has served the tenants with a 30 day
notice, informing   the tenants that the number of tenants exceeds the
legal limit and        must be reduced to the legal limit,

            c)         After expiration of the 30 day notice, the owner has
served the         tenants with and the tenants have failed to comply with
a ten day           notice to comply with the limit on the number of
occupants or     vacate, and

            d)         If there is more than one rental agreement for the
unit, the owner    may choose which agreements to terminate; provided that,
the        owner may either terminate no more than the minimum number of
       rental agreements necessary to comply with the legal limit on the
number of occupants, or, at the owner's option, terminate only
those agreements involving the minimum number of occupants      necessary
to comply with the legal limit;

11.       a)         The owner seeks to reduce the number of individuals
who reside in           one dwelling unit to comply with the legal limit
after receipt of a    notice of violation, and:

                        i)          The owner has served the tenants with a
30 day notice,                                 informing the tenants that
the number of tenants exceeds the                      legal limit and must
be reduced to the legal limit; provided
that, no 30 day notice is required if the number of tenants
                                    was increased above the legal limit
without the knowledge or               consent of the owner;

                        ii)         After expiration of the 30 day notice
or at any time after                                   receipt of the
notice of violation if no 30 day notice is
                                     required pursuant to subsection1.1.a,
the owner has served                             the tenants with and the
tenants have failed to comply with a                         10 day notice
to comply with the maximum legal limit on the
                                   number of occupants or vacate; and

                        iii)        If there is more than one rental
agreement for the unit, the                             owner may choose
which agreements to terminate; provided                        that, the
owner may either terminate no more than the
minimum number of rental agreements necessary to comply
                                    with the legal limit on the number of
occupants, or, at the                                    option of the
owner, terminate only those agreements
                                      involving the minimum number of
occupants necessary to                                 comply with the
legal limit.



            b)           For any violation of the maximum legal limit on
the number of          individuals allowed to reside in a unit that
occurred with the          knowledge or consent of the owner, the owner is
required to pay          relocation assistance to the tenant(s) of each
such unit at least two        weeks prior to the date set for termination
of the tenancy, at the        rate of:

                        i)          $2,000 for a tenant household with an
income during the                              past 12 months at or below
50 percent of the county median                                     income,
or

                        ii)         Two months' rent for a tenant household
with an income                               during the past 12 months
above 50 percent of the county                             median income;



12.       An emergency order requiring that the housing unit be vacated and
closed has been issued and the emergency conditions identified in the order
have not been corrected.

13.       The owner seeks to discontinue sharing with a tenant of the
owner's own housing unit, i.e., the unit in which the owner resides, seeks
to terminate the tenancy of a tenant of an accessory dwelling unit that is
accessory to the housing unit in which the owner resides or seeks to
terminate the tenancy of a tenant in a single-family dwelling unit and the
owner resides in an accessory dwelling unit on the same lot.



B.        Any rental agreement provision which waives or purports to waive
any right, benefit or entitlement created by this section shall be deemed
void and of no lawful force or effect.



C,        With any termination notices required by law, owners terminating
any tenancy protected by this section shall advise the affected tenant or
tenants in writing of the reasons for the termination and the facts in
support of those reasons.



D.        If a tenant who has received a notice of termination of tenancy
claiming any subsection set forth above  as the ground for termination
believes that the owner does not intend to carry out the stated reason for
eviction and makes a complaint to Code Enforcement, then the owner must,
within ten days of being notified by the Code Enforcement of the complaint,
complete and file with Code Enforcement, a certification stating the
owner's intent to carry out the stated reason for the eviction. The failure
of the owner to complete and file such a certification after a complaint by
the tenant shall be a defense for the tenant in an eviction action based on
this ground.



E.        In any action commenced to evict or to otherwise terminate the
tenancy of any tenant, it shall be a defense to the action that there was
no just cause for such eviction or termination.



F.         It shall be a violation of this section for any owner to evict
or attempt to evict any tenant or otherwise terminate or attempt to
terminate the tenancy of any tenant using a notice which references any
subsection set forth above as grounds for eviction or termination of
tenancy without fulfilling or carrying out the stated reason for or
condition justifying the termination of such tenancy.



G.        An owner who evicts or attempts to evict a tenant or who
terminates or attempts to terminate the tenancy of a tenant using a notice
which references any subsection set forth above as the ground for eviction
or termination of tenancy without fulfilling or carrying out the stated
reason for or condition justifying the termination of such tenancy shall be
liable to such tenant in a private right for action for damages up to
$2,000, costs of suit or arbitration and reasonable attorney's fees.



H.        For the purposes of this section, a “tenant” shall mean a person
occupying or holding possession of a building or premises pursuant to a
rental agreement, including an expired rental agreement.

I.          A code compliance officer is authorized to issue and serve a
violation notice upon reasonable belief that a violation of one or more
provisions of this section has occurred.



1.    The violation notice shall be issued to the property owner of record.

2.    The violation notice may be served by means of personal service, or
by mailing a copy of the abatement notice to such person at his last known
address as determined by the code compliance officer by certified mail,
with a five-day return receipt requested.

3.    The violation notice shall contain substantially the following
information:

a.    The name and address of the person to whom the notice is issued.

b.    The location of the subject property by address.

c.    A description of the reasons for which the City deems there to be a
violation of this section.

d.    A description of the corrective action necessary to eliminate the
violation.

e.    The date by which the corrective action must be completed.

f.     A statement that the person(s) to whom the notice of violation is
issued, if they wish to appeal the notice, they may submit a written notice
of appeal and pay the appeal fee in SMC 8.02.087 to the office of the
hearing examiner.

g.    A statement that if any of the persons to whom the notice of
violation is issued fail to submit a notice of appeal within ten calendar
days of the date of the notice or fail to voluntarily remedy the violation
by the date required, the City or its designee may issue a class 1 civil
infraction.



J.         Hearings on contested violation notices are to be scheduled and
heard before     the hearing examiner.



1.    The hearing examiner will conduct the hearing required by this
section no more than eighteen calendar days after the appeal is filed.

2.    An appellant may appear in person at the hearing or present a written
statement to explain the grounds for appeal. The hearing examiner must
receive the written statement in time for consideration at the hearing. The
appellant may be represented by counsel at the hearing, may present
evidence and ask questions related to the notice of violation, and may call
witnesses to testify on his behalf.

3.    Any tenant of the property subject to a violation notice shall have a
right to appear, to testify, and to present evidence regarding the facts
supporting the notice of violation.

4.    The hearing examiner shall determine whether the City has
established, by a preponderance of the evidence that a violation has
occurred and that the required corrective action is reasonable and shall
affirm, modify, or vacate the decisions regarding the alleged violation
and/or the required corrective action.



PASSED by the City Council on *
____*.









Council President





Attest:
Approved as to form:








City
Clerk
Assistant City Attorney








Mayor
Date







Effective Date
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