[WSBARP] Landlord Question - Next legislative session

[Kaitlyn Jackson]

I agree with Steve.

I also have to say that these additional protections (which I'm going to
call "rights") still don't deal with a large underlying problem -
addiction. As a practitioner of this area, I see that many of my clients
are not interested in evicting tenants for unpaid rent - it's the
underlying conduct that leads to the inability to pay rent that is a large
part of the reason. And these new rights are not going to help those
underlying causes. I'm not speaking just as an attorney here - I have
family members who struggle and so I know from personal experience that
these new rights will only hinder individuals from seeking help. I had a
case earlier this year where the Commissioner essentially held that the
tenant's use of heroin on the Property was not sufficient "significant and
immediate health and safety risk to others" which led to the tenant
completely ceasing to pay rent and now her rent money goes to her habit and
this tenant knows there's nothing the landlord can do to remove her and
other tenants have vacated because her presence makes them feel unsafe (who
can blame them?). So, now she's probably further down the path of no
return. In my opinion, this was helped along by these "sledgehammer"
policies. The new policies are no different - and I think go even further.

These new rights are, in my opinion, going to lead to large corporations
sweeping up the affordable housing when smaller landlords (including me)
sell and exchange their investment for  pastures that ensure we at least
have some control over our property. Then, when the corporations are in
control, the only way to keep housing "affordable" will be rent control.
All of this will lead (in my opinion) to public housing located in some
areas, and owner-occupied properties in other areas. So not only will we
have economic disparity dividing the "haves" and the "have-nots" but we
will have physical distance as well. A problem that I think exists today to
some degree but that the long term effects of these changes will only
exacerbate over time. I hope I'm wrong about that.

I could propose changes to current Moratoria and the proposed legislation
that would help make sure that the good intentions of these policies are
honored, while ensuring that the abuse and overreach are curtailed. But, I
don't think that the legislators are actually hearing from those of us who
understand the functional and practical impact of these policies. Rather,
they seem to just want to appease the relevant voter base with laws that
look shiny and blue. So, I would just be screaming into the wind.

The good news for me is that all the new law changes and complicated
eviction hurdles is essentially ensuring this portion of my practice will
have plenty of work for the foreseeable future.

Kaitlyn


On Thu, Dec 17, 2020 at 3:31 PM Eric Nelsen <eric at sayrelawoffices.com>
wrote:

> Steve—Nicely put, and succinct. The current proclamation extends well
> beyond the goal. And that is a problem.
>
>
>
> Sincerely,
>
>
>
> Eric
>
>
>
> Eric C. Nelsen
>
> Sayre Law Offices, PLLC
>
> 1417 31st Ave South
>
> Seattle WA 98144-3909
>
> 206-625-0092
>
> eric at sayrelawoffices.com
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>
> *From:* wsbarp-bounces at lists.wsbarppt.com <
> wsbarp-bounces at lists.wsbarppt.com> *On Behalf Of *Stephen Brandli
> *Sent:* Thursday, December 17, 2020 2:59 PM
> *To:* WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
> *Subject:* Re: [WSBARP] Landlord Question - Next legislative session
>
>
>
> We live in a society that accepts the benevolence of monetary transfers
> from the fortunate to the less fortunate, mostly in the form of unequal
> taxation.  It seems to me that Inslee’s goal is not such a transfer but
> rather avoidance of a humanitarian crisis caused by the economic impacts of
> the pandemic.  The goal is not to benefit tenants financially by burdening
> landlords financially, or at least it shouldn’t be.  The goal is to prevent
> homelessness.
>
>
>
> The current proclamation, and the proposed statute, extend well beyond
> this goal.  This is the problem.
>
>
>
>                 Steve
>
>
>
> *From:* wsbarp-bounces at lists.wsbarppt.com <
> wsbarp-bounces at lists.wsbarppt.com> *On Behalf Of *Christy M
> *Sent:* Thursday, December 17, 2020 2:41 PM
> *To:* WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
> *Subject:* Re: [WSBARP] Landlord Question - Next legislative session
>
>
>
> I, for one, do not meekly accept; I vehemently support.
>
>
>
>
>
> -------- Original message --------
>
> From: "K. Garl Long" <Garl at longlaw.biz>
>
> Date: 12/17/20 2:15 PM (GMT-08:00)
>
> To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
>
> Subject: Re: [WSBARP] Landlord Question - Next legislative session
>
>
>
> If you choose to put money that you have earned into the pocket of the
> owner of a dwelling, in exchange for the privilege of living there, it is
> called a contract.
>
> If the government expropriates the dwelling from the owner so that you can
> live there without paying, it is theft. You may recall that the Intolerable
> Acts included such expropriation of dwellings.  This is what our founders
> fought against, and which we now meekly accept.
>
> KGL
>
>
>
> On 12/17/2020 01:55 PM, Andrew Hay wrote:
>
> Voltaire again … As far as his notion of government taking money from one
> class and giving to another, as a non-landlord, I see my money going to
>  the pockets of landlords.  I fund governmental benefits with my taxes.
> Those benefits are paid to landlords for rent.  Generally, rent paid to
> landlords by those on government benefits is a disproportionately high
> percentage of their income.  Voltaire would likely conclude the landlords
> are the ones benefitting from this governmental transfer.
>
> Perhaps the moratorium suspends this transfer to landlords to allow my
> taxes to temporarily fund pandemic relief.
>
>
>
> *Andrew Hay*
>
> Hay & Swann PLLC
>
> 201 S. 34th St.
>
> Tacoma, WA 98418
>
> *www.washingtonlaw.net
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> *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 [
> mailto:wsbarp-bounces at lists.wsbarppt.com
> <wsbarp-bounces at lists.wsbarppt.com>] *On Behalf Of *K. Garl Long
> *Sent:* Thursday, December 17, 2020 1:34 PM
> *To:* WSBA Real Property Listserv; Rob Rowley
> *Subject:* Re: [WSBARP] Landlord Question - Next legislative session
>
>
>
> *It is not inequality which is the real misfortune, it is dependence. *Voltaire
> again.
>
>
>
> On 12/17/2020 11:25 AM, Rob Rowley wrote:
>
> 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
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> *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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-- 
Thank you,

Kaitlyn R. Jackson | Attorney| DIMENSION LAW GROUP PLLC
130 Andover Park East, Suite 300 | Tukwila, WA 98188
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