[WSBARP] Landlord Question - Next legislative session

Thu Dec 17 13:08:52 PST 2020

I was sitting back and watching the discussion. Undeniable fact that we all
are suffering due to the pandemic in one form or another and some more than
others. Thoughts to ponder, without judgment or pointing out anyone in
particular.

*	Should someone suffer financially at the expense of another,
regardless of degree or socioeconomic background, or does equal protection
under law have a finger lifting the blindfold a little in order to put a
finger on the scale?
*	Does making assumptions on others and name calling strengthen one's
argument or does it detract from the discussion and shuts down any
meaningful exchange of ideas has to say?

Good day all and stay safe.

Nestor Gorfinkel, Attorney at Law

Licensed in Florida & Washington

Florida Civil-Law (International) Notary

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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com>
On Behalf Of Andrew Hay
Sent: Thursday, December 17, 2020 3:46 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Landlord Question - Next legislative session

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

 <http://www.washingtonlaw.net/> www.washingtonlaw.net

 <mailto:andrewhay at washingtonlaw.net> andrewhay at washingtonlaw.net

253.272.2400 (w)

253.377.3085 (c)

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From: wsbarp-bounces at lists.wsbarppt.com
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[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
<mailto:wsbarp-bounces at lists.wsbarppt.com>
<wsbarp-bounces at lists.wsbarppt.com
<mailto:wsbarp-bounces at lists.wsbarppt.com> > on behalf of Laurel Brown
<laurel.brown8385 at gmail.com <mailto:laurel.brown8385 at gmail.com> >
Sent: Thursday, December 17, 2020 12:02 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com
<mailto: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. 

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

<https://eur06.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.washin
gtonlaw.net%2F&data=04%7C01%7C%7C09399152ed91402c282f08d8a2c7f1f8%7C84df9e7f
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sdata=wwu8vAvbRSnGvIjQhg9gN8gTDwf45M8iv%2BR4B%2Fpie48%3D&reserved=0>
www.washingtonlaw.net

 <mailto:andrewhay at washingtonlaw.net> andrewhay at washingtonlaw.net

253.272.2400 (w)

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THIS IS A CONFIDENTIAL COMMUNICATION AND IS INTENDED FOR THE DESIGNATED
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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

Eviction Reform - Landlord Tenant Protections - Stakeholder Draft - FULL
BILL

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.                              

 <mailto:jen at appletreelaw.com> 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.

<https://eur06.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.courts
.wa.gov%2Fnewsinfo%2Findex.cfm%3Ffa%3Dnewsinfo.EvictionResolutionProgram&dat
a=04%7C01%7C%7C09399152ed91402c282f08d8a2c7f1f8%7C84df9e7fe9f640afb435aaaaaa
aaaaaa%7C1%7C0%7C637438326938450862%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAw
MDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=njRAG69f0c9q
JmFIm7cZk5erqYyvbO2bq%2BS2gZWWEjQ%3D&reserved=0>
http://www.courts.wa.gov/newsinfo/index.cfm?fa=newsinfo.EvictionResolutionPr
ogram

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://eur06.safelinks.protection.outlook.com/?url=https%3A%2F%2Ffiles.con
stantcontact.com%2F4d179692501%2F55a538ca-e731-49eb-a80d-9a7300174631.pdf&da
ta=04%7C01%7C%7C09399152ed91402c282f08d8a2c7f1f8%7C84df9e7fe9f640afb435aaaaa
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https://files.constantcontact.com/4d179692501/55a538ca-e731-49eb-a80d-9a7300
174631.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
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-- 

Robert R Rowley
Attorney & Counselor at Law
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  <mailto:rob at rowleylegal.com> 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. 

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-- 

Laurel Brown 

Attorney and Counselor at Law

5071 SW Waite St.

Seattle, WA  98116

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

425-361-6286

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