[WSBARP] Landlord Question - Next legislative session

K. Garl Long Garl at longlaw.biz
Thu Dec 17 10:48:57 PST 2020 

So, all renters are pour and exploited, and all owners are rich greedy 
exploiters.  Like the renter who told me how he appreciated renting my 
asset; knowing the market rental rate resulted in an extremely low rate 
of return on my fixed asset. Or the owner facing the failure of his 
business, and loss of his own home, because he is required to pay the 
housing costs of his tenants.

The seizure of private assets from free market "exploiters" to fund 
government social policy always increases the power of government, and 
diminishes the liberty of citizens; it unavoidably foments societal 
disintegration. Small rental property owners, the ones most flexible 
with, and appreciative of, their tenants, are leaving the market as 
quickly as they can.  Tenants will be left to the true exploiters, 
government, and corporate tenements.

K. Garl Long


On 12/17/2020 10:20 AM, Andrew Hay wrote:
>
> I will take the pro moratorium position.  Donning my suit of armor at 
> the same time…..
>
> This is a time of great economic pain due to a pandemic unequaled by 
> any health crisis in 100 years.  The moratoriums are a policy 
> protecting the most vulnerable people in the population as a whole – 
> renters.  As a group they are either poor or old or both.  They are 
> people who can’t afford homes due to lack of wealth.
>
> There may be a limited number of seeming injustices to landlords 
> caused by the moratorium, but the harm to vast numbers of renters who 
> typically live paycheck to paycheck – or social security check to 
> social security check – would be much greater.
>
> This graph shows the wealth disparity between those who own homes and 
> those who don’t.
>
> The disparity between corporate landlords and renters would be even 
> more ridiculously imbalanced.  In a time of crisis, the moratorium 
> policy appropriately shifts burdens to those who can better afford it 
> to protect the overall stability of the state and the nation.
>
> *Andrew Hay*
>
> Hay & Swann PLLC
>
> 201 S. 34^th St.
>
> Tacoma, WA 98418
>
> /www.washingtonlaw.net <http://www.washingtonlaw.net/>/
>
> /andrewhay at washingtonlaw.net <mailto:andrewhay at washingtonlaw.net>/
>
> 253.272.2400 (w)
>
> 253.377.3085 (c)
>
> THIS IS A CONFIDENTIAL COMMUNICATION AND IS INTENDED FOR THE 
> DESIGNATED RECIPIENT ONLY.  IF YOU HAVE RECEIVED THIS COMMUNICATION IN 
> ERROR, PLEASE NOTIFY THE SENDER IMMEDIATELY AND DESTROY ALL COPIES
>
> *From:*wsbarp-bounces at lists.wsbarppt.com 
> [mailto:wsbarp-bounces at lists.wsbarppt.com] *On Behalf Of *Rani K. Sampson
> *Sent:* Thursday, December 17, 2020 9:48 AM
> *To:* WSBA Real Property Listserv
> *Subject:* Re: [WSBARP] Landlord Question - Next legislative session
>
> Washington Landlord Association says that it “has become a Plaintiff 
> in a state lawsuit to stop the madness as well as supporting a Federal 
> lawsuit financially with the same goal.” WLA’s Executive Director is 
> Everett attorney, Rob Trickler.
>
> In the meantime, proposed tenant-protections laws for next session can 
> be seen here:
>
> *Eviction Reform - Landlord Tenant Protections - Draft - SUMMARY* 
> <http://r20.rs6.net/tn.jsp?f=0016xBNrvCGpuqtxj-u0QHd1WcIK79HR0K2nSIcHW4Lhy608EqHJczWUFQciVgluXswrmiFHmIHGoaHvh4lwW2c_gc6kHMx9FZEsnlgjQ7Lt2XWavKBV8bu93YnWEnYeDQjaN0XV90_N3ESQJFK_OQQj8Fhi-pFd0CM2oco7QBhc-VTDqOwr3w8NnmhZZy2Z-PPeETx8qIaQaYn5WDBf4iibczeJYx4eQn9qOL1bn429Kk=&c=ibxhavcAX8moKCW_wWGf2myqQgcKPwHVPy2f9DbCcqZKGKwYYUOUhg==&ch=VptldhPJG85Uqv6l5MYzzsb9g1H7Oq1tIl7UXoIoN2CmsegeYA1yBg==>
>
> *Eviction Reform - Landlord Tenant Protections - Stakeholder Draft - 
> FULL BILL* 
> <http://r20.rs6.net/tn.jsp?f=0016xBNrvCGpuqtxj-u0QHd1WcIK79HR0K2nSIcHW4Lhy608EqHJczWUFQciVgluXswmZm2QeOkLsGs-3fnr8wKT8fiCIWNqwkloeJDbMXGGCehK4iOHICy2mRzTJmTdR0QbAd7hPYsWjkL3pHMHzRApeTgPao6KEVcb5v2PpaLhWMt3HHLyKH5tVMvJbeh3dNjaeKv2Qpl2cd7S2S0WjAnmFFInndctYpxbevId-tr024=&c=ibxhavcAX8moKCW_wWGf2myqQgcKPwHVPy2f9DbCcqZKGKwYYUOUhg==&ch=VptldhPJG85Uqv6l5MYzzsb9g1H7Oq1tIl7UXoIoN2CmsegeYA1yBg==>
>
> *Rani K. Sampson*
>
> Overcast Law Offices |Attorney
>
> 23 S Wenatchee Ave #320, Wenatchee WA 98801 |(509) 663-5588 x 6
>
> *From:* wsbarp-bounces at lists.wsbarppt.com 
> <wsbarp-bounces at lists.wsbarppt.com> *On Behalf Of *Rob Rowley
> *Sent:* Tuesday, December 15, 2020 11:15 AM
> *To:* WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
> *Subject:* Re: [WSBARP] Landlord Question
>
> 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 
> <mailto:wsbarp-bounces at lists.wsbarppt.com> 
> <wsbarp-bounces at lists.wsbarppt.com 
> <mailto: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 
> <mailto: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 <mailto:jen at appletreelaw.com>
>
> PO Box 11037
>
> Yakima, WA 98909
>
> 509.225.9813
>
> *From:* wsbarp-bounces at lists.wsbarppt.com 
> <mailto:wsbarp-bounces at lists.wsbarppt.com> 
> <wsbarp-bounces at lists.wsbarppt.com 
> <mailto: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 
> <mailto: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 <mailto: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
>
>     ***Disclaimer: Please note that RPPT listserv participation is not
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>
> -- 
>
> Image removed by sender.
>
> 	
>
> *Robert R Rowley*
> Attorney & Counselor at Law
> Image removed by sender. (509) 252-5074 <tel:%28509%29+252-5074>Image 
> removed by sender. (509) 994-1143 <tel:%28509%29+994-1143>
> Image removed by sender. (509) 928-3084 Image removed by sender. 
> rowleylegal.com <http://www.rowleylegal.com/>
> Image removed by sender. rob at rowleylegal.com <mailto:rob at rowleylegal.com>
> Helping You Protect What Matters Most
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>
> /Practice concentrated on business, real estate and general legal 
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