[WSBARP] Landlord Question - Next legislative session

Thu Dec 17 15:04:56 PST 2020

to all

No doubt some landlords are hurting.   No doubt some of  the complaining
landlords have little to complain about.
The tenant who is behind on the rent still owes the rent.  The tenant who
is behind on his rent is only delaying the inevitable.  Unless I am missing
something, I would advise my clients to pay their rent.

Marvin Benson

On Thu, Dec 17, 2020 at 10:53 AM K. Garl Long <Garl at longlaw.biz> wrote:

> 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. 34th St.
>
> Tacoma, WA 98418
>
> *www.washingtonlaw.net <http://www.washingtonlaw.net/>*
>
> *andrewhay at washingtonlaw.net <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
> <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> <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>
> <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 <
> wsbarp-bounces at lists.wsbarppt.com> *On Behalf Of *Jennifer L White
> *Sent:* Tuesday, December 15, 2020 10:53 AM
> *To:* WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
> *Subject:* Re: [WSBARP] Landlord Question
>
>
>
> Rob,
>
> I’m curious if any of you LL/T gurus and/or real property litigators are
> considering filing some kind of action or class action on a constitutional
> takings basis? It seems to me that the government has turned private
> landlords into unwilling purveyors of public housing. All of these
> regulations/laws were hastily conceived and handed down by fiat. The result
> has been a tremendous and concentrated loss to private property owners.
> Perhaps it has to play out further? Have to wait to quantify the exact loss
> when the moratoriums end and you work through getting them out under all of
> these onerous “drag it out” policies benefiting only tenants? We all know
> that deadbeat tenants are never going to pay up even a tiny fraction of
> what they owe. That is but a legal illusion of justice for the property
> owners.
>
>
>
> Jennifer L. White, Esq.
>
>
>
> jen at appletreelaw.com
>
> PO Box 11037
>
> Yakima, WA 98909
>
> 509.225.9813
>
>
>
> *From:* wsbarp-bounces at lists.wsbarppt.com <
> wsbarp-bounces at lists.wsbarppt.com> *On Behalf Of *Rowley, Rob
> *Sent:* Tuesday, December 15, 2020 6:49 AM
> *To:* WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
> *Subject:* Re: [WSBARP] Landlord Question
>
>
>
> As I tell my landlord clients we lawyers don't like guaranteeing anything
> but there is one thing I will guarantee is that the Governor will extend
> the moratorium sometime into 2021.
>
>
>
> Also, I suspect that Pres. Biden (once in office) will also extend the
> CDC moratorium which is scheduled to lapse on December 31 which is only for
> nonpayment of rent.
>
>
>
> You also have to look at your local county to see if they are part of the
> Eviction Resolution Program.  Spokane County where I am based out of is a
> part of the ERP and eventually once the moratorium is lifted we have to
> participate in the program.
>
>
> http://www.courts.wa.gov/newsinfo/index.cfm?fa=newsinfo.EvictionResolutionProgram
>
>
>
> Also, the upcoming legislative session has a number of bills which will be
> filed which will essentially make it near impossible to evict a for rent
> (or anything) anytime soon (month to month goes away for a while). Who
> knows what actually will pass as law is a different question.  Two things
> that you never want to see being made is sausage and law.
>
>
>
> Summary:
>
>
> https://files.constantcontact.com/4d179692501/55a538ca-e731-49eb-a80d-9a7300174631.pdf
>
>
>
> If I'm a betting man I would say the Legislature will pass some very
> tenant friendly provisions tied to the governor lifting the moratorium.  In
> other words, let the Legislature take the flak from those unpaid landlords.
>
>
>
> Interesting times we live in.
>
>
>
> Rob Rowley
>
> Spokane
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
> On Mon, Dec 14, 2020 at 9:32 PM Sangeeta Saigal <
> attorney at sangeetasaigal.com> wrote:
>
> Hello Landlord Gurus,
>
>
>
> I understand that there is a moratorium against evictions until December 31
> st.
>
>
>
> According to how I understand the proclamation this moratorium applies to
> tenants who have lost their jobs or source of income related to Covid.
>
>
>
> Question:
>
>
>
> If a residential tenant has not lost their source of income ie. On govt
> assistance and they are not paying the rent does the moratorium against no
> eviction rule apply to them.
>
>
>
> How best to approach such tenant who seems to be taking advantage of the
> moratorium.
>
>
>
> Any advice would be really appreciated.
>
>
>
> Sangeeta
>
>
>
>
>
>
>
> ***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
> http://mailman.fsr.com/mailman/listinfo/wsbarp
>
>
>
>
> --
>
> [image: Image removed by sender.]
>
> *Robert R Rowley*
> Attorney & Counselor at Law
> [image: Image removed by sender.] (509) 252-5074 <%28509%29+252-5074>  [image:
> Image removed by sender.] (509) 994-1143 <%28509%29+994-1143>
> [image: Image removed by sender.] (509) 928-3084  [image: Image removed
> by sender.] rowleylegal.com <http://www.rowleylegal.com/>
> [image: Image removed by sender.] rob at rowleylegal.com
> Helping You Protect What Matters Most
> [image: Image removed by sender.] <https://www.facebook.com/rowleylegal>  [image:
> 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.
>
>
> ***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 listWSBARP at lists.wsbarppt.comhttp://mailman.fsr.com/mailman/listinfo/wsbarp
>
>
> ***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
> http://mailman.fsr.com/mailman/listinfo/wsbarp
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20201217/0e0bf77d/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image001.jpg
Type: image/jpeg
Size: 18281 bytes
Desc: not available
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20201217/0e0bf77d/image001.jpg>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image004.jpg
Type: image/jpeg
Size: 3202 bytes
Desc: not available
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20201217/0e0bf77d/image004.jpg>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image005.jpg
Type: image/jpeg
Size: 485 bytes
Desc: not available
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20201217/0e0bf77d/image005.jpg>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image006.jpg
Type: image/jpeg
Size: 335 bytes
Desc: not available
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20201217/0e0bf77d/image006.jpg>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image007.jpg
Type: image/jpeg
Size: 335 bytes
Desc: not available
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20201217/0e0bf77d/image007.jpg>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image008.jpg
Type: image/jpeg
Size: 338 bytes
Desc: not available
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20201217/0e0bf77d/image008.jpg>