[WSBARP] WSBARP Digest, Vol 75, Issue 17
Stephen Whitehouse
swhite8893 at aol.com
Thu Dec 17 12:12:30 PST 2020
As I side note, several years ago I made inquiry on the listserv if any one has been successful with a regulatory taking. No one had.What gets me is that at least in Mason County, if the regulation goes so far as to possibly be a taking, then, effectively, the regulation goes away. So what this means is, if a regulation gets implemented that is necessary to accomplish some public purpose, if the owner has to bear the financial loss, that is okay, but as soon as the government has to bear the loss, then that overrides the need for the regulation. I think there is a great hypocrisy in that.
Steve
Stephen WhitehouseWhitehouse & Nichols, LLPP.O. Box 1273601 W. Railroad Ave.Shelton, Wa. 98584360-426-5885
swhite8893 at aol.com
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Sent: Thu, Dec 17, 2020 12:00 pm
Subject: WSBARP Digest, Vol 75, Issue 17
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Today's Topics:
1. Re: Landlord Question - Next legislative session (Rani K. Sampson)
2. Re: Landlord Question - Next legislative session (Andrew Hay)
3. Re: Landlord Question - Next legislative session (Kary Krismer)
4. Re: Landlord Question - Next legislative session (K. Garl Long)
5. Re: Landlord Question - Next legislative session (Rani K. Sampson)
6. Re: Landlord Question - Next legislative session (Craig Gourley)
7. Re: Landlord Question - Next legislative session (Chris B)
8. Re: Landlord Question - Next legislative session (Kary Krismer)
9. Re: Landlord Question - Next legislative session (Rani K. Sampson)
10. Re: Landlord Question - Next legislative session (Kary Krismer)
11. Re: Landlord Question - Next legislative session (Rob Rowley)
12. Re: Landlord Question - Next legislative session
(Gregory L. Ursich)
13. Re: Landlord Question - Next legislative session (Craig Gourley)
14. Re: Landlord Question - Next legislative session (Stephen Brandli)
15. Re: Landlord Question - Next legislative session (Christy M)
16. Re: Landlord Question - Next legislative session
(Gregory L. Ursich)
----------------------------------------------------------------------
Message: 1
Date: Thu, 17 Dec 2020 17:47:33 +0000
From: "Rani K. Sampson" <rani at overcastlaw.com>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Landlord Question - Next legislative session
Message-ID:
<BYAPR14MB32220C52CD5464E30E781E5FD0C40 at BYAPR14MB3222.namprd14.prod.outlook.com>
Content-Type: text/plain; charset="utf-8"
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.
[cid:image001.jpg at 01D6D459.912CAB90]
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 31st.
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 restricted to practicing attorneys and may include non-practicing attorneys, law students, professionals working in related fields, and others.***
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Robert R Rowley
Attorney & Counselor at Law
[Image removed by sender.] (509) 252-5074<tel:(509)+252-5074> [Image removed by sender.] (509) 994-1143<tel:(509)+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
[Image removed by sender.]<https://www.facebook.com/rowleylegal> [Image removed by sender.] <https://www.twitter.com/ROBERTRROWLEY>
Practice concentrated on business, real estate and general legal matters in Washington and Idaho.
NOTICE: The contents of this message and any attachments may be protected by the attorney-client privilege, work product doctrine or other applicable protections. If you are not the intended recipient or have received this message in error, please notify the sender and promptly delete the message. Thank you for your assistance. DISCLAIMER: You should recognize that responses provided by e-mail means are akin to ordinary telephone or face-to-face conversations and do not reflect the level of factual or legal inquiry or analysis which would be applied in the case of a formal legal opinion. A formal opinion may very well reach a different conclusion.
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------------------------------
Message: 2
Date: Thu, 17 Dec 2020 18:20:20 +0000
From: Andrew Hay <andrewhay at washingtonlaw.net>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Landlord Question - Next legislative session
Message-ID:
<MW3PR13MB399329DE82D2C6236A389F2AB2C40 at MW3PR13MB3993.namprd13.prod.outlook.com>
Content-Type: text/plain; charset="utf-8"
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.
[cid:image001.jpg at 01D6D45E.38B1F790]
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. 34th 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.
[cid:image004.jpg at 01D6D45C.D6408280]
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 31st.
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 restricted to practicing attorneys and may include non-practicing attorneys, law students, professionals working in related fields, and others.***
_______________________________________________
WSBARP mailing list
WSBARP at lists.wsbarppt.com<mailto:WSBARP at lists.wsbarppt.com>
http://mailman.fsr.com/mailman/listinfo/wsbarp
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Robert R Rowley
Attorney & Counselor at Law
[Image removed by sender.] (509) 252-5074<tel:(509)+252-5074> [Image removed by sender.] (509) 994-1143<tel:(509)+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
[Image removed by sender.]<https://www.facebook.com/rowleylegal> [Image removed by sender.] <https://www.twitter.com/ROBERTRROWLEY>
Practice concentrated on business, real estate and general legal matters in Washington and Idaho.
NOTICE: The contents of this message and any attachments may be protected by the attorney-client privilege, work product doctrine or other applicable protections. If you are not the intended recipient or have received this message in error, please notify the sender and promptly delete the message. Thank you for your assistance. DISCLAIMER: You should recognize that responses provided by e-mail means are akin to ordinary telephone or face-to-face conversations and do not reflect the level of factual or legal inquiry or analysis which would be applied in the case of a formal legal opinion. A formal opinion may very well reach a different conclusion.
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------------------------------
Message: 3
Date: Thu, 17 Dec 2020 10:37:03 -0800
From: Kary Krismer <Krismer at comcast.net>
To: wsbarp at lists.wsbarppt.com
Subject: Re: [WSBARP] Landlord Question - Next legislative session
Message-ID: <be0c5c67-fb5a-50f1-da24-bdbdac64ac9b at comcast.net>
Content-Type: text/plain; charset="utf-8"; Format="flowed"
You're generalizing.? The moratorium protects an entire class regardless
of their need, at the expense of another class, regardless of their
need.? If it were based on economics I'd have little problem with it,
but it's not.? Beyond that though, I'm worried about the long term
adverse effects on those who actually need the protection.? The
moratorium may have given them a false sense of security and lead them
to make bad decisions.? Back when I practiced law I did primarily debtor
bankruptcy and the moratorium is likely causing people to make decisions
that no competent financial planner would ever advise them to make.
Also, you can't even assume someone who rents cannot afford to own.?
They may just not wish to own for many different reasons.
Kary L. Krismer
206 723-2148
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.
>
>
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Message: 4
Date: Thu, 17 Dec 2020 10:48:57 -0800
From: "K. Garl Long" <Garl at longlaw.biz>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Landlord Question - Next legislative session
Message-ID: <450036b8-489d-1d5f-feac-ad36952ccbda at longlaw.biz>
Content-Type: text/plain; charset="utf-8"; Format="flowed"
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
> restricted to practicing attorneys and may include non-practicing
> attorneys, law students, professionals working in related fields,
> and others.***
>
> _______________________________________________
> WSBARP mailing list
> WSBARP at lists.wsbarppt.com <mailto:WSBARP at lists.wsbarppt.com>
> http://mailman.fsr.com/mailman/listinfo/wsbarp
>
>
> --
>
> 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
> Image removed by sender. <https://www.facebook.com/rowleylegal>Image
> removed by sender. <https://www.twitter.com/ROBERTRROWLEY>
>
> /Practice concentrated on business, real estate and general legal
> matters in Washington and Idaho. /
>
> NOTICE: The contents of this message and any attachments may be
> protected by the attorney-client privilege, work product doctrine or
> other applicable protections. If you are not the intended recipient or
> have received this message in error, please notify the sender and
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> DISCLAIMER: You should recognize that responses provided by e-mail
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>
>
>
> ***Disclaimer: Please note that RPPT listserv participation is not restricted to practicing attorneys and may include non-practicing attorneys, law students, professionals working in related fields, and others.***
>
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------------------------------
Message: 5
Date: Thu, 17 Dec 2020 18:50:49 +0000
From: "Rani K. Sampson" <rani at overcastlaw.com>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Landlord Question - Next legislative session
Message-ID:
<BYAPR14MB322279FFC4794DD3B504DD70D0C40 at BYAPR14MB3222.namprd14.prod.outlook.com>
Content-Type: text/plain; charset="utf-8"
The long-term consequences of forcing landlords to absorb large financial losses are predictable: landlords will liquidate their real estate investments (they?ll sell). Tenants will have much less housing to choose from. Rental houses will be incredibly hard to find. The void might be filled by corporate landlords building apartments or government landlords building projects.
This is very bad for tenants, long term. The loss of rental housing will affect all of us.
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 Kary Krismer
Sent: Thursday, December 17, 2020 10:37 AM
To: wsbarp at lists.wsbarppt.com
Subject: Re: [WSBARP] Landlord Question - Next legislative session
You're generalizing. The moratorium protects an entire class regardless of their need, at the expense of another class, regardless of their need. If it were based on economics I'd have little problem with it, but it's not. Beyond that though, I'm worried about the long term adverse effects on those who actually need the protection. The moratorium may have given them a false sense of security and lead them to make bad decisions. Back when I practiced law I did primarily debtor bankruptcy and the moratorium is likely causing people to make decisions that no competent financial planner would ever advise them to make.
Also, you can't even assume someone who rents cannot afford to own. They may just not wish to own for many different reasons.
Kary L. Krismer
206 723-2148
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.
________________________________
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------------------------------
Message: 6
Date: Thu, 17 Dec 2020 18:53:43 +0000
From: Craig Gourley <craig at glgmail.com>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Landlord Question - Next legislative session
Message-ID:
<MW3PR12MB4346E0A406E98124D16416A7AEC40 at MW3PR12MB4346.namprd12.prod.outlook.com>
Content-Type: text/plain; charset="windows-1252"
As Kary stated, if this was tied to actual COVID inability to pay I would have less problem with the moratorium. I have 135 doors and ALL of my total non payers are on an alphbet soup of government benefits that have not changed during covid. They choose not to pay rent because they don't have to. The Amazon packages keep arriving and cable TV with all the extras but no rent. This is Government enabled theft.
Sent from my Verizon, Samsung Galaxy smartphone
Get Outlook for Android<https://aka.ms/ghei36>
________________________________
From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> on behalf of Kary Krismer <Krismer at comcast.net>
Sent: Thursday, December 17, 2020 10:37:03 AM
To: wsbarp at lists.wsbarppt.com <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Landlord Question - Next legislative session
You're generalizing. The moratorium protects an entire class regardless of their need, at the expense of another class, regardless of their need. If it were based on economics I'd have little problem with it, but it's not. Beyond that though, I'm worried about the long term adverse effects on those who actually need the protection. The moratorium may have given them a false sense of security and lead them to make bad decisions. Back when I practiced law I did primarily debtor bankruptcy and the moratorium is likely causing people to make decisions that no competent financial planner would ever advise them to make.
Also, you can't even assume someone who rents cannot afford to own. They may just not wish to own for many different reasons.
Kary L. Krismer
206 723-2148
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.
________________________________
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------------------------------
Message: 7
Date: Thu, 17 Dec 2020 18:59:22 +0000
From: Chris B <Chrisb at heckerwakefield.com>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Landlord Question - Next legislative session
Message-ID:
<DS7PR05MB746134869C5AE5B49D32B22CDCC40 at DS7PR05MB7461.namprd05.prod.outlook.com>
Content-Type: text/plain; charset="utf-8"
I just entered into an agreement to sell 4 of my 12 rental homes as a package. All will be town down and replaced with McMansions. These are nice homes that I am proud to own, two of which have tenants in them for more than 10 years. While all my tenants are current in their rent, I no longer wish to be in the rental housing business in a state that is clearly trying to kill that business.
As they say, it is ?a feature, not a bug.?
Chris Benis
Hecker, Wakefield & Feilberg, P.S.
321 First Avenue West, Seattle, WA 98119
206.447-1900 office ? 206.447.9075 fax ? www. heckerwakefield.com
This message contains information that may be CONFIDENTIAL AND PRIVILEGED. Unless you are the addressee (or authorized to receive for the addressee), you may not use, copy or disclose to anyone the message or any information contained in the message. If you have received the message in error, please advise the sender by reply e-mail chrisb at heckerwakefield.com, and delete this message. Thank you very much.
To comply with recent IRS rules, we must inform you that this message, if it contains advice relating to federal taxes, was not intended or written to be used, and it cannot be used, for the purpose of avoiding penalties that may be imposed under federal tax law. Under recent IRS rules, a taxpayer may rely on professional advice to avoid federal tax penalties only if that advice is reflected in a comprehensive tax opinion that conforms to stringent requirements under federal law. Please contact me if you would like to discuss our preparation of an opinion that conforms to these new rules.
From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Rani K. Sampson
Sent: Thursday, December 17, 2020 10:51 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Landlord Question - Next legislative session
The long-term consequences of forcing landlords to absorb large financial losses are predictable: landlords will liquidate their real estate investments (they?ll sell). Tenants will have much less housing to choose from. Rental houses will be incredibly hard to find. The void might be filled by corporate landlords building apartments or government landlords building projects.
This is very bad for tenants, long term. The loss of rental housing will affect all of us.
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<mailto:wsbarp-bounces at lists.wsbarppt.com> <wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com>> On Behalf Of Kary Krismer
Sent: Thursday, December 17, 2020 10:37 AM
To: wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Landlord Question - Next legislative session
You're generalizing. The moratorium protects an entire class regardless of their need, at the expense of another class, regardless of their need. If it were based on economics I'd have little problem with it, but it's not. Beyond that though, I'm worried about the long term adverse effects on those who actually need the protection. The moratorium may have given them a false sense of security and lead them to make bad decisions. Back when I practiced law I did primarily debtor bankruptcy and the moratorium is likely causing people to make decisions that no competent financial planner would ever advise them to make.
Also, you can't even assume someone who rents cannot afford to own. They may just not wish to own for many different reasons.
Kary L. Krismer
206 723-2148
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.
________________________________
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This email has been checked for viruses by Avast antivirus software.
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------------------------------
Message: 8
Date: Thu, 17 Dec 2020 11:09:19 -0800
From: Kary Krismer <Krismer at comcast.net>
To: wsbarp at lists.wsbarppt.com
Subject: Re: [WSBARP] Landlord Question - Next legislative session
Message-ID: <2557d365-6cd0-f97c-6dfc-05af46acfe64 at comcast.net>
Content-Type: text/plain; charset="windows-1252"; Format="flowed"
For a time a lot of the people (over 50% if I recall correctly) who were
out of work were actually making more money than when they were
employed, because of the $600 a week supplemental payment, but they were
still protected.
Kary L. Krismer
206 723-2148
On 12/17/2020 10:53 AM, Craig Gourley wrote:
> As Kary stated, if this was tied to actual COVID inability to pay I
> would have less problem with the moratorium.? I? have 135 doors and
> ALL of my total non payers are on an alphbet soup of government
> benefits that have not changed during covid. They choose not to pay
> rent because they don't have to. The Amazon packages keep arriving and
> cable TV with all the extras but no rent. This is Government enabled
> theft.
>
> Sent from my Verizon, Samsung Galaxy smartphone
> Get Outlook for Android <https://aka.ms/ghei36>
>
> ------------------------------------------------------------------------
> *From:* wsbarp-bounces at lists.wsbarppt.com
> <wsbarp-bounces at lists.wsbarppt.com> on behalf of Kary Krismer
> <Krismer at comcast.net>
> *Sent:* Thursday, December 17, 2020 10:37:03 AM
> *To:* wsbarp at lists.wsbarppt.com <wsbarp at lists.wsbarppt.com>
> *Subject:* Re: [WSBARP] Landlord Question - Next legislative session
>
> You're generalizing.? The moratorium protects an entire class
> regardless of their need, at the expense of another class, regardless
> of their need.? If it were based on economics I'd have little problem
> with it, but it's not.? Beyond that though, I'm worried about the long
> term adverse effects on those who actually need the protection.? The
> moratorium may have given them a false sense of security and lead them
> to make bad decisions.? Back when I practiced law I did primarily
> debtor bankruptcy and the moratorium is likely causing people to make
> decisions that no competent financial planner would ever advise them
> to make.
>
> Also, you can't even assume someone who rents cannot afford to own.?
> They may just not wish to own for many different reasons.
>
> Kary L. Krismer
> 206 723-2148
> 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.
>>
>>
>
>
> ------------------------------------------------------------------------
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>
> ***Disclaimer: Please note that RPPT listserv participation is not restricted to practicing attorneys and may include non-practicing attorneys, law students, professionals working in related fields, and others.***
>
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------------------------------
Message: 9
Date: Thu, 17 Dec 2020 19:17:26 +0000
From: "Rani K. Sampson" <rani at overcastlaw.com>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Landlord Question - Next legislative session
Message-ID:
<BYAPR14MB322252E1EC2F347470F3F4ACD0C40 at BYAPR14MB3222.namprd14.prod.outlook.com>
Content-Type: text/plain; charset="utf-8"
There goes neighborhood economic diversity!
With these new laws, the only people who can live in neighborhoods will be:
a) wealthy people who can qualify for a loan,
b) old folks who bought in when they were young, and
c) those who inherited from those in class ?b?
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 Chris B
Sent: Thursday, December 17, 2020 10:59 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Landlord Question - Next legislative session
I just entered into an agreement to sell 4 of my 12 rental homes as a package. All will be town down and replaced with McMansions. These are nice homes that I am proud to own, two of which have tenants in them for more than 10 years. While all my tenants are current in their rent, I no longer wish to be in the rental housing business in a state that is clearly trying to kill that business.
As they say, it is ?a feature, not a bug.?
Chris Benis
Hecker, Wakefield & Feilberg, P.S.
321 First Avenue West, Seattle, WA 98119
206.447-1900 office ? 206.447.9075 fax ? www. heckerwakefield.com
This message contains information that may be CONFIDENTIAL AND PRIVILEGED. Unless you are the addressee (or authorized to receive for the addressee), you may not use, copy or disclose to anyone the message or any information contained in the message. If you have received the message in error, please advise the sender by reply e-mail chrisb at heckerwakefield.com<mailto:chrisb at heckerwakefield.com>, and delete this message. Thank you very much.
To comply with recent IRS rules, we must inform you that this message, if it contains advice relating to federal taxes, was not intended or written to be used, and it cannot be used, for the purpose of avoiding penalties that may be imposed under federal tax law. Under recent IRS rules, a taxpayer may rely on professional advice to avoid federal tax penalties only if that advice is reflected in a comprehensive tax opinion that conforms to stringent requirements under federal law. Please contact me if you would like to discuss our preparation of an opinion that conforms to these new rules.
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 Rani K. Sampson
Sent: Thursday, December 17, 2020 10:51 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: Re: [WSBARP] Landlord Question - Next legislative session
The long-term consequences of forcing landlords to absorb large financial losses are predictable: landlords will liquidate their real estate investments (they?ll sell). Tenants will have much less housing to choose from. Rental houses will be incredibly hard to find. The void might be filled by corporate landlords building apartments or government landlords building projects.
This is very bad for tenants, long term. The loss of rental housing will affect all of us.
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<mailto:wsbarp-bounces at lists.wsbarppt.com> <wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com>> On Behalf Of Kary Krismer
Sent: Thursday, December 17, 2020 10:37 AM
To: wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Landlord Question - Next legislative session
You're generalizing. The moratorium protects an entire class regardless of their need, at the expense of another class, regardless of their need. If it were based on economics I'd have little problem with it, but it's not. Beyond that though, I'm worried about the long term adverse effects on those who actually need the protection. The moratorium may have given them a false sense of security and lead them to make bad decisions. Back when I practiced law I did primarily debtor bankruptcy and the moratorium is likely causing people to make decisions that no competent financial planner would ever advise them to make.
Also, you can't even assume someone who rents cannot afford to own. They may just not wish to own for many different reasons.
Kary L. Krismer
206 723-2148
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.
________________________________
[Image removed by sender. Avast logo]<https://www.avast.com/antivirus>
This email has been checked for viruses by Avast antivirus software.
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------------------------------
Message: 10
Date: Thu, 17 Dec 2020 11:22:17 -0800
From: Kary Krismer <Krismer at comcast.net>
To: wsbarp at lists.wsbarppt.com
Subject: Re: [WSBARP] Landlord Question - Next legislative session
Message-ID: <a66fb350-64ee-80ab-e1ff-064c7a6fde6c at comcast.net>
Content-Type: text/plain; charset="utf-8"; Format="flowed"
Landlords selling will have a moderating effect on the price of buying
(increased supply), so buyers will benefit to some extent. Those
adversely affected will be renters, particularly families who do not
want to raise their kids in an apartment complex.
Kary L. Krismer
206 723-2148
On 12/17/2020 11:17 AM, Rani K. Sampson wrote:
>
> There goes neighborhood economic diversity!
>
> With these new laws, the only people who can live in neighborhoods
> will be:
>
> a) wealthy people who can qualify for a loan,
>
> b) old folks who bought in when they were young, and
>
> c) those who inherited from those in class ?b?
>
> *Rani K. Sampson*
>
> Overcast Law Offices |Attorney
>
> 23 S Wenatchee Ave #320, Wenatchee WA 98801 |(509) 663-5588 x 6
>
>
--
This email has been checked for viruses by Avast antivirus software.
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------------------------------
Message: 11
Date: Thu, 17 Dec 2020 11:25:26 -0800
From: Rob Rowley <rob at rowleylegal.com>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Landlord Question - Next legislative session
Message-ID: <8ab323dd42bf3478e022e5cc80867642 at mail.gmail.com>
Content-Type: text/plain; charset="utf-8"
In general, the art of government consists of taking as much money as
possible from one class of citizens to give to another. Voltaire.
*From:* wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com>
*On Behalf Of *Chris B
*Sent:* Thursday, December 17, 2020 10:59 AM
*To:* WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
*Subject:* Re: [WSBARP] Landlord Question - Next legislative session
I just entered into an agreement to sell 4 of my 12 rental homes as a
package. All will be town down and replaced with McMansions. These are
nice homes that I am proud to own, two of which have tenants in them for
more than 10 years. While all my tenants are current in their rent, I no
longer wish to be in the rental housing business in a state that is clearly
trying to kill that business.
As they say, it is ?a feature, not a bug.?
Chris Benis
Hecker, Wakefield & Feilberg, P.S.
321 First Avenue West, Seattle, WA 98119
206.447-1900 office ? 206.447.9075 fax ? www. heckerwakefield.com
This message contains information that may be CONFIDENTIAL AND PRIVILEGED.
Unless you are the addressee (or authorized to receive for the addressee),
you may not use, copy or disclose to anyone the message or any information
contained in the message. If you have received the message in error,
please advise the sender by reply e-mail chrisb at heckerwakefield.com, and
delete this message. Thank you very much.
To comply with recent IRS rules, we must inform you that this message, if
it contains advice relating to federal taxes, was not intended or written
to be used, and it cannot be used, for the purpose of avoiding penalties
that may be imposed under federal tax law. Under recent IRS rules, a
taxpayer may rely on professional advice to avoid federal tax penalties
only if that advice is reflected in a comprehensive tax opinion that
conforms to stringent requirements under federal law. Please contact me if
you would like to discuss our preparation of an opinion that conforms to
these new rules.
*From:* wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com>
*On Behalf Of *Rani K. Sampson
*Sent:* Thursday, December 17, 2020 10:51 AM
*To:* WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
*Subject:* Re: [WSBARP] Landlord Question - Next legislative session
The long-term consequences of forcing landlords to absorb large financial
losses are predictable: landlords will liquidate their real estate
investments (they?ll sell). Tenants will have much less housing to choose
from. Rental houses will be incredibly hard to find. The void might be
filled by corporate landlords building apartments or government landlords
building projects.
This is very bad for tenants, long term. The loss of rental housing will
affect all of us.
*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 *Kary Krismer
*Sent:* Thursday, December 17, 2020 10:37 AM
*To:* wsbarp at lists.wsbarppt.com
*Subject:* Re: [WSBARP] Landlord Question - Next legislative session
You're generalizing. The moratorium protects an entire class regardless of
their need, at the expense of another class, regardless of their need. If
it were based on economics I'd have little problem with it, but it's not.
Beyond that though, I'm worried about the long term adverse effects on
those who actually need the protection. The moratorium may have given them
a false sense of security and lead them to make bad decisions. Back when I
practiced law I did primarily debtor bankruptcy and the moratorium is
likely causing people to make decisions that no competent financial planner
would ever advise them to make.
Also, you can't even assume someone who rents cannot afford to own. They
may just not wish to own for many different reasons.
Kary L. Krismer
206 723-2148
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.
------------------------------
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<https://www.avast.com/antivirus>
This email has been checked for viruses by Avast antivirus software.
www.avast.com <https://www.avast.com/antivirus>
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------------------------------
Message: 12
Date: Thu, 17 Dec 2020 19:40:03 +0000
From: "Gregory L. Ursich" <gursich at insleebest.com>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Landlord Question - Next legislative session
Message-ID:
<MWHPR17MB1501AB8530EC47A7D1409AAADCC40 at MWHPR17MB1501.namprd17.prod.outlook.com>
Content-Type: text/plain; charset="utf-8"
So sad Chris. Inslee is out of control.
[cid:image001.jpg at 01D6D469.3BC61460]
Gregory L. Ursich
Shareholder
Skyline Tower, Suite 1500 | 10900 NE 4th Street | Bellevue, WA 98004
P: 425.450.4258 | F: 425.635.7720
vCard<http://www.insleebest.com/uploads/vcards/gursich.vcf> | website<http://www.insleebest.com/> | gursich at insleebest.com<mailto:gursich at insleebest.com>
This electronic mail transmission is privileged and confidential and is intended only for the review of the party to whom it is addressed. If you have received this transmission in error, please immediately return it to the sender. Unintended transmission shall not constitute waiver of the attorney-client or any other privilege.
From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Chris B
Sent: Thursday, December 17, 2020 10:59 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Landlord Question - Next legislative session
I just entered into an agreement to sell 4 of my 12 rental homes as a package. All will be town down and replaced with McMansions. These are nice homes that I am proud to own, two of which have tenants in them for more than 10 years. While all my tenants are current in their rent, I no longer wish to be in the rental housing business in a state that is clearly trying to kill that business.
As they say, it is ?a feature, not a bug.?
Chris Benis
Hecker, Wakefield & Feilberg, P.S.
321 First Avenue West, Seattle, WA 98119
206.447-1900 office ? 206.447.9075 fax ? www. heckerwakefield.com
This message contains information that may be CONFIDENTIAL AND PRIVILEGED. Unless you are the addressee (or authorized to receive for the addressee), you may not use, copy or disclose to anyone the message or any information contained in the message. If you have received the message in error, please advise the sender by reply e-mail chrisb at heckerwakefield.com<mailto:chrisb at heckerwakefield.com>, and delete this message. Thank you very much.
To comply with recent IRS rules, we must inform you that this message, if it contains advice relating to federal taxes, was not intended or written to be used, and it cannot be used, for the purpose of avoiding penalties that may be imposed under federal tax law. Under recent IRS rules, a taxpayer may rely on professional advice to avoid federal tax penalties only if that advice is reflected in a comprehensive tax opinion that conforms to stringent requirements under federal law. Please contact me if you would like to discuss our preparation of an opinion that conforms to these new rules.
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 Rani K. Sampson
Sent: Thursday, December 17, 2020 10:51 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: Re: [WSBARP] Landlord Question - Next legislative session
The long-term consequences of forcing landlords to absorb large financial losses are predictable: landlords will liquidate their real estate investments (they?ll sell). Tenants will have much less housing to choose from. Rental houses will be incredibly hard to find. The void might be filled by corporate landlords building apartments or government landlords building projects.
This is very bad for tenants, long term. The loss of rental housing will affect all of us.
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<mailto:wsbarp-bounces at lists.wsbarppt.com> <wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com>> On Behalf Of Kary Krismer
Sent: Thursday, December 17, 2020 10:37 AM
To: wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Landlord Question - Next legislative session
You're generalizing. The moratorium protects an entire class regardless of their need, at the expense of another class, regardless of their need. If it were based on economics I'd have little problem with it, but it's not. Beyond that though, I'm worried about the long term adverse effects on those who actually need the protection. The moratorium may have given them a false sense of security and lead them to make bad decisions. Back when I practiced law I did primarily debtor bankruptcy and the moratorium is likely causing people to make decisions that no competent financial planner would ever advise them to make.
Also, you can't even assume someone who rents cannot afford to own. They may just not wish to own for many different reasons.
Kary L. Krismer
206 723-2148
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.
________________________________
[Image removed by sender. Avast logo]<https://www.avast.com/antivirus>
This email has been checked for viruses by Avast antivirus software.
www.avast.com<https://www.avast.com/antivirus>
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------------------------------
Message: 13
Date: Thu, 17 Dec 2020 19:41:14 +0000
From: Craig Gourley <craig at glgmail.com>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Landlord Question - Next legislative session
Message-ID:
<MW3PR12MB4346E85D4F411222F338F768AEC40 at MW3PR12MB4346.namprd12.prod.outlook.com>
Content-Type: text/plain; charset="utf-8"
I leave for Texas, Tennessee and Florida on Jan 2 to look for alternative investments. Already moved some stuff to Alaska. I am selling all of my Washington state investments strictly due to the government control and taxing policies. I am a WA native but have had all I can take.
From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Rob Rowley
Sent: Thursday, December 17, 2020 11:25 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Landlord Question - Next legislative session
In general, the art of government consists of taking as much money as possible from one class of citizens to give to another. Voltaire.
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 Chris B
Sent: Thursday, December 17, 2020 10:59 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: Re: [WSBARP] Landlord Question - Next legislative session
I just entered into an agreement to sell 4 of my 12 rental homes as a package. All will be town down and replaced with McMansions. These are nice homes that I am proud to own, two of which have tenants in them for more than 10 years. While all my tenants are current in their rent, I no longer wish to be in the rental housing business in a state that is clearly trying to kill that business.
As they say, it is ?a feature, not a bug.?
Chris Benis
Hecker, Wakefield & Feilberg, P.S.
321 First Avenue West, Seattle, WA 98119
206.447-1900 office ? 206.447.9075 fax ? www. heckerwakefield.com<http://heckerwakefield.com>
This message contains information that may be CONFIDENTIAL AND PRIVILEGED. Unless you are the addressee (or authorized to receive for the addressee), you may not use, copy or disclose to anyone the message or any information contained in the message. If you have received the message in error, please advise the sender by reply e-mail chrisb at heckerwakefield.com<mailto:chrisb at heckerwakefield.com>, and delete this message. Thank you very much.
To comply with recent IRS rules, we must inform you that this message, if it contains advice relating to federal taxes, was not intended or written to be used, and it cannot be used, for the purpose of avoiding penalties that may be imposed under federal tax law. Under recent IRS rules, a taxpayer may rely on professional advice to avoid federal tax penalties only if that advice is reflected in a comprehensive tax opinion that conforms to stringent requirements under federal law. Please contact me if you would like to discuss our preparation of an opinion that conforms to these new rules.
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 Rani K. Sampson
Sent: Thursday, December 17, 2020 10:51 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: Re: [WSBARP] Landlord Question - Next legislative session
The long-term consequences of forcing landlords to absorb large financial losses are predictable: landlords will liquidate their real estate investments (they?ll sell). Tenants will have much less housing to choose from. Rental houses will be incredibly hard to find. The void might be filled by corporate landlords building apartments or government landlords building projects.
This is very bad for tenants, long term. The loss of rental housing will affect all of us.
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<mailto:wsbarp-bounces at lists.wsbarppt.com> <wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com>> On Behalf Of Kary Krismer
Sent: Thursday, December 17, 2020 10:37 AM
To: wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Landlord Question - Next legislative session
You're generalizing. The moratorium protects an entire class regardless of their need, at the expense of another class, regardless of their need. If it were based on economics I'd have little problem with it, but it's not. Beyond that though, I'm worried about the long term adverse effects on those who actually need the protection. The moratorium may have given them a false sense of security and lead them to make bad decisions. Back when I practiced law I did primarily debtor bankruptcy and the moratorium is likely causing people to make decisions that no competent financial planner would ever advise them to make.
Also, you can't even assume someone who rents cannot afford to own. They may just not wish to own for many different reasons.
Kary L. Krismer
206 723-2148
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.
________________________________
[Image removed by sender. Avast logo]<https://www.avast.com/antivirus>
This email has been checked for viruses by Avast antivirus software.
www.avast.com<https://www.avast.com/antivirus>
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------------------------------
Message: 14
Date: Thu, 17 Dec 2020 19:45:03 +0000
From: Stephen Brandli <steve at brandlilaw.com>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Landlord Question - Next legislative session
Message-ID:
<MWHPR19MB10887EE6A377C9D0134C15B8C0C40 at MWHPR19MB1088.namprd19.prod.outlook.com>
Content-Type: text/plain; charset="utf-8"
I do free consultations as a community service and typically get a steady stream of tenants. Lately, I have had a steady stream of landlords. Of the few who have called because they are not receiving rent, they are suffering economic hardship as a result of that loss in income. More importantly, the rest have had real reasons to evict unrelated to money including harassing behavior and boyfriend/girlfriends of non-owning family members who have left leaving the boyfriends/girlfriends who refuse to leave. This law is very broad and has many unintended consequences. I?m not concerned so much about the armor, it?s the sword slashing indiscriminately.
Steve
From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Andrew Hay
Sent: Thursday, December 17, 2020 10:20 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Landlord Question - Next legislative session
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.
[cid:image001.jpg at 01D6D46A.04C883C0]
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. 34th 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> [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<mailto:wsbarp-bounces at lists.wsbarppt.com> <wsbarp-bounces at lists.wsbarppt.com<mailto: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<mailto: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.
[cid:image002.jpg at 01D6D46A.04C883C0]
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 31st.
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 restricted to practicing attorneys and may include non-practicing attorneys, law students, professionals working in related fields, and others.***
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Robert R Rowley
Attorney & Counselor at Law
[Image removed by sender.] (509) 252-5074<tel:(509)+252-5074> [Image removed by sender.] (509) 994-1143<tel:(509)+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 matters in Washington and Idaho.
NOTICE: The contents of this message and any attachments may be protected by the attorney-client privilege, work product doctrine or other applicable protections. If you are not the intended recipient or have received this message in error, please notify the sender and promptly delete the message. Thank you for your assistance. DISCLAIMER: You should recognize that responses provided by e-mail means are akin to ordinary telephone or face-to-face conversations and do not reflect the level of factual or legal inquiry or analysis which would be applied in the case of a formal legal opinion. A formal opinion may very well reach a different conclusion.
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------------------------------
Message: 15
Date: Thu, 17 Dec 2020 19:57:04 +0000
From: Christy M <talk2much84 at msn.com>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Landlord Question - Next legislative session
Message-ID:
<MWHPR04MB051367FFFCF0EB858710C963FAC40 at MWHPR04MB0513.namprd04.prod.outlook.com>
Content-Type: text/plain; charset="windows-1252"
The last time I read the moratorium (admittedly, I have not read all of the extensions), the moratorium was on evictions for non-payment of rent. Unless I missed an amendment, landlords can still evict for bad behavior.
________________________________
From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> on behalf of Stephen Brandli <steve at brandlilaw.com>
Sent: Thursday, December 17, 2020 11:45 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Landlord Question - Next legislative session
I do free consultations as a community service and typically get a steady stream of tenants. Lately, I have had a steady stream of landlords. Of the few who have called because they are not receiving rent, they are suffering economic hardship as a result of that loss in income. More importantly, the rest have had real reasons to evict unrelated to money including harassing behavior and boyfriend/girlfriends of non-owning family members who have left leaving the boyfriends/girlfriends who refuse to leave. This law is very broad and has many unintended consequences. I?m not concerned so much about the armor, it?s the sword slashing indiscriminately.
Steve
From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Andrew Hay
Sent: Thursday, December 17, 2020 10:20 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Landlord Question - Next legislative session
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.
[cid:image001.jpg at 01D6D46A.04C883C0]
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. 34th St.
Tacoma, WA 98418
www.washingtonlaw.net<https://na01.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.washingtonlaw.net%2F&data=04%7C01%7C%7C584e3079d7d04ec56a6f08d8a2c53c67%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C637438315297319966%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=2QauA5xkMBDayYttvbPiSX91crAIYf3heDSJie2%2B1o4%3D&reserved=0>
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> [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<https://na01.safelinks.protection.outlook.com/?url=http%3A%2F%2Fr20.rs6.net%2Ftn.jsp%3Ff%3D0016xBNrvCGpuqtxj-u0QHd1WcIK79HR0K2nSIcHW4Lhy608EqHJczWUFQciVgluXswrmiFHmIHGoaHvh4lwW2c_gc6kHMx9FZEsnlgjQ7Lt2XWavKBV8bu93YnWEnYeDQjaN0XV90_N3ESQJFK_OQQj8Fhi-pFd0CM2oco7QBhc-VTDqOwr3w8NnmhZZy2Z-PPeETx8qIaQaYn5WDBf4iibczeJYx4eQn9qOL1bn429Kk%3D%26c%3DibxhavcAX8moKCW_wWGf2myqQgcKPwHVPy2f9DbCcqZKGKwYYUOUhg%3D%3D%26ch%3DVptldhPJG85Uqv6l5MYzzsb9g1H7Oq1tIl7UXoIoN2CmsegeYA1yBg%3D%3D&data=04%7C01%7C%7C584e3079d7d04ec56a6f08d8a2c53c67%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C637438315297319966%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=kRGGDOdg6s3NRefDAc31nQHijsgBBQXNRyVyjyOUFk8%3D&reserved=0>
Eviction Reform - Landlord Tenant Protections - Stakeholder Draft - FULL BILL<https://na01.safelinks.protection.outlook.com/?url=http%3A%2F%2Fr20.rs6.net%2Ftn.jsp%3Ff%3D0016xBNrvCGpuqtxj-u0QHd1WcIK79HR0K2nSIcHW4Lhy608EqHJczWUFQciVgluXswmZm2QeOkLsGs-3fnr8wKT8fiCIWNqwkloeJDbMXGGCehK4iOHICy2mRzTJmTdR0QbAd7hPYsWjkL3pHMHzRApeTgPao6KEVcb5v2PpaLhWMt3HHLyKH5tVMvJbeh3dNjaeKv2Qpl2cd7S2S0WjAnmFFInndctYpxbevId-tr024%3D%26c%3DibxhavcAX8moKCW_wWGf2myqQgcKPwHVPy2f9DbCcqZKGKwYYUOUhg%3D%3D%26ch%3DVptldhPJG85Uqv6l5MYzzsb9g1H7Oq1tIl7UXoIoN2CmsegeYA1yBg%3D%3D&data=04%7C01%7C%7C584e3079d7d04ec56a6f08d8a2c53c67%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C637438315297329961%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=FioPmHzLnwkf3OEVCLeQPSc2bqIUQUE70SDcv8NZb0M%3D&reserved=0>
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<mailto:wsbarp-bounces at lists.wsbarppt.com> <wsbarp-bounces at lists.wsbarppt.com<mailto: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<mailto: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.
[cid:image002.jpg at 01D6D46A.04C883C0]
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<https://na01.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.courts.wa.gov%2Fnewsinfo%2Findex.cfm%3Ffa%3Dnewsinfo.EvictionResolutionProgram&data=04%7C01%7C%7C584e3079d7d04ec56a6f08d8a2c53c67%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C637438315297339960%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=uTnnBTsZjzHLTuXgpgKb1SIZ85r9HurYidIZ4CWX75E%3D&reserved=0>
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<https://na01.safelinks.protection.outlook.com/?url=https%3A%2F%2Ffiles.constantcontact.com%2F4d179692501%2F55a538ca-e731-49eb-a80d-9a7300174631.pdf&data=04%7C01%7C%7C584e3079d7d04ec56a6f08d8a2c53c67%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C637438315297339960%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=VfNxCo7o7hAt3oUrVTdlsKb6othgBFYR9jGi9YCzMJQ%3D&reserved=0>
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 31st.
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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Message: 16
Date: Thu, 17 Dec 2020 19:57:48 +0000
From: "Gregory L. Ursich" <gursich at insleebest.com>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Landlord Question - Next legislative session
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The proper fix to all of this is temporary rental relief for a set amount per month for a fixed term; payable directly to the landlords bank account for that tenant. If tenant is eligible, refused to participate, and still did not pay rent, then the moratorium as to eviction is waived for that tenant for non-payment of rent. They have set up this exact program in B. C. Canada, just north of us. It is logical and creates economic benefit and stability for both groups.
This would get tenants current on rent, landlords paid, and freeloaders evicted.
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Gregory L. Ursich
Shareholder
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From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Kary Krismer
Sent: Thursday, December 17, 2020 10:37 AM
To: wsbarp at lists.wsbarppt.com
Subject: Re: [WSBARP] Landlord Question - Next legislative session
You're generalizing. The moratorium protects an entire class regardless of their need, at the expense of another class, regardless of their need. If it were based on economics I'd have little problem with it, but it's not. Beyond that though, I'm worried about the long term adverse effects on those who actually need the protection. The moratorium may have given them a false sense of security and lead them to make bad decisions. Back when I practiced law I did primarily debtor bankruptcy and the moratorium is likely causing people to make decisions that no competent financial planner would ever advise them to make.
Also, you can't even assume someone who rents cannot afford to own. They may just not wish to own for many different reasons.
Kary L. Krismer
206 723-2148
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.
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