[WSBARP] Landlord Question

Tue Dec 15 11:14:42 PST 2020

As a lowly dirt attorney a little bit beyond my pay grade.

My observation is that regulatory taking and substantive due process for
landlords is largely dead in Washington state (unless you are a tenant)
after the Yim I and Yim II (2019) cases.  There was an excellent article
about those cases in the RPPT newsletter.

Just wait till rent control (aka ‘housing stability’) steamrolls through
not this session but probably the following legislative session.

What say wiser counsel?

*From:* wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com>
*On Behalf Of *Jennifer L White
*Sent:* Tuesday, December 15, 2020 10:53 AM
*To:* WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
*Subject:* Re: [WSBARP] Landlord Question

Rob,

I’m curious if any of you LL/T gurus and/or real property litigators are
considering filing some kind of action or class action on a constitutional
takings basis? It seems to me that the government has turned private
landlords into unwilling purveyors of public housing. All of these
regulations/laws were hastily conceived and handed down by fiat. The result
has been a tremendous and concentrated loss to private property owners.
Perhaps it has to play out further? Have to wait to quantify the exact loss
when the moratoriums end and you work through getting them out under all of
these onerous “drag it out” policies benefiting only tenants? We all know
that deadbeat tenants are never going to pay up even a tiny fraction of
what they owe. That is but a legal illusion of justice for the property
owners.

Jennifer L. White, Esq.

jen at appletreelaw.com

PO Box 11037

Yakima, WA 98909

509.225.9813

*From:* wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com>
*On Behalf Of *Rowley, Rob
*Sent:* Tuesday, December 15, 2020 6:49 AM
*To:* WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
*Subject:* Re: [WSBARP] Landlord Question

As I tell my landlord clients we lawyers don't like guaranteeing anything
but there is one thing I will guarantee is that the Governor will extend
the moratorium sometime into 2021.

Also, I suspect that Pres. Biden (once in office) will also extend the
CDC moratorium which is scheduled to lapse on December 31 which is only for
nonpayment of rent.

You also have to look at your local county to see if they are part of the
Eviction Resolution Program.  Spokane County where I am based out of is a
part of the ERP and eventually once the moratorium is lifted we have to
participate in the program.

http://www.courts.wa.gov/newsinfo/index.cfm?fa=newsinfo.EvictionResolutionProgram

Also, the upcoming legislative session has a number of bills which will be
filed which will essentially make it near impossible to evict a for rent
(or anything) anytime soon (month to month goes away for a while). Who
knows what actually will pass as law is a different question.  Two things
that you never want to see being made is sausage and law.

Summary:

https://files.constantcontact.com/4d179692501/55a538ca-e731-49eb-a80d-9a7300174631.pdf

If I'm a betting man I would say the Legislature will pass some very tenant
friendly provisions tied to the governor lifting the moratorium.  In other
words, let the Legislature take the flak from those unpaid landlords.

Interesting times we live in.

Rob Rowley

Spokane

On Mon, Dec 14, 2020 at 9:32 PM Sangeeta Saigal <attorney at sangeetasaigal.com>
wrote:

Hello Landlord Gurus,

I understand that there is a moratorium against evictions until December 31
st.

According to how I understand the proclamation this moratorium applies to
tenants who have lost their jobs or source of income related to Covid.

Question:

If a residential tenant has not lost their source of income ie. On govt
assistance and they are not paying the rent does the moratorium against no
eviction rule apply to them.

How best to approach such tenant who seems to be taking advantage of the
moratorium.

Any advice would be really appreciated.

Sangeeta

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*Robert R Rowley*
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 (509) 252-5074   (509) 994-1143
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*Practice concentrated on business, real estate and general legal matters
in Washington and Idaho. *

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