[WSBARP] Landlord Question - Next legislative session

Thu Dec 17 12:46:06 PST 2020

Those are all powerful points, forcefully presented - and even with a quote from an enlightened French philosopher!
A worthy subject of debate.

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)
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From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Christy M
Sent: Thursday, December 17, 2020 12:14 PM
To: WSBA Real Property Listserv
Subject: Re: [WSBARP] Landlord Question - Next legislative session

I bet that all jurisdictions would welcome proposals and ideas.

The discussion on this listserv will always be complicated by the fact that almost everyone on it is socio-economically privileged, and the perspective of the most vulnerable will necessarily be missing.

________________________________
From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> on behalf of Laurel Brown <laurel.brown8385 at gmail.com>
Sent: Thursday, December 17, 2020 12:02 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Landlord Question - Next legislative session

What further complicates things are all the municipal moratoriums layered on top of the State one.

On Thu, Dec 17, 2020 at 12:00 PM Christy M <talk2much84 at msn.com<mailto:talk2much84 at msn.com>> wrote:
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<mailto:wsbarp-bounces at lists.wsbarppt.com> <wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com>> on behalf of Stephen Brandli <steve at brandlilaw.com<mailto:steve at brandlilaw.com>>
Sent: Thursday, December 17, 2020 11:45 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 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<mailto:wsbarp-bounces at lists.wsbarppt.com> <wsbarp-bounces at lists.wsbarppt.com<mailto: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<mailto: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 01D6D472.95643160]

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://eur06.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.washingtonlaw.net%2F&data=04%7C01%7C%7C09399152ed91402c282f08d8a2c7f1f8%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C637438326938440865%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=wwu8vAvbRSnGvIjQhg9gN8gTDwf45M8iv%2BR4B%2Fpie48%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://eur06.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%7C09399152ed91402c282f08d8a2c7f1f8%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C637438326938440865%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=pRqvD3h6kUtHPdKeIjqb2KYpReEjSYjWgJ0y4PCuRkY%3D&reserved=0>

Eviction Reform - Landlord Tenant Protections - Stakeholder Draft - FULL BILL<https://eur06.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%7C09399152ed91402c282f08d8a2c7f1f8%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C637438326938450862%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=8GIhmBGfl%2BygSuCVkRhjktyFgZm5ubA9OG2ML0h%2BviY%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 01D6D472.95643160]

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://eur06.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.courts.wa.gov%2Fnewsinfo%2Findex.cfm%3Ffa%3Dnewsinfo.EvictionResolutionProgram&data=04%7C01%7C%7C09399152ed91402c282f08d8a2c7f1f8%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C637438326938450862%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=njRAG69f0c9qJmFIm7cZk5erqYyvbO2bq%2BS2gZWWEjQ%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://eur06.safelinks.protection.outlook.com/?url=https%3A%2F%2Ffiles.constantcontact.com%2F4d179692501%2F55a538ca-e731-49eb-a80d-9a7300174631.pdf&data=04%7C01%7C%7C09399152ed91402c282f08d8a2c7f1f8%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C637438326938460853%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=YajG2rDD62jhkge3b6SzFyMKnKL2WgJholyD27fUnZ0%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
Attorney & Counselor at Law
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Practice concentrated on business, real estate and general legal matters in Washington and Idaho.

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Laurel Brown
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info at lbrownlaw.com<mailto:info at lbrownlaw.com>
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