[WSBARP] Landlord Question - Next legislative session

Thu Dec 17 17:33:51 PST 2020

Kaitlyn—I think what you said is well worth getting in front of the legislature and the Governor on these issues. Framed as an understanding of the policy balances, and the unintended effects, I think it has a better chance of getting relief for landlords while also protecting the tenants who need protection.

You have to admit that the moratorium worked—the heroin addict is sheltered instead of homeless. It’s the cost of that, and who bears it (an individual landlord and a vulnerable addicted person instead of society more broadly), is the problem and I don’t mean to diminish that it is a genuine problem. Again, sledgehammer worked, but caught a lot of others in the blow.

I think addiction unfortunately lies in the realm of problems that should have been solved more broadly before the pandemic occurred. A sledgehammer just doesn’t work well, and it has a lot of terrible unintended effects and creates perverse incentives.

The pandemic is temporary, even though it feels like forever. The immediate impact on landlords will end. The ripple effects will continue but diminish over time. The broader problem of corporations sweeping up properties is a basic housing problem and existed well before the pandemic. I think rent control is foolish and often counterproductive, and amounts to tinkering at the edges while denying the real causation that comes from concentration of wealth, lack of social safety net, focus on property rights over life and liberty interests, etc., etc.

Sincerely,

Eric

Eric C. Nelsen
Sayre Law Offices, PLLC
1417 31st Ave South
Seattle WA 98144-3909
206-625-0092
eric at sayrelawoffices.com<mailto:eric at sayrelawoffices.com>

Covid-19 Update - All attorneys are working remotely during regular business hours and are available via email and by phone. Videoconferencing also is available. Signing of estate planning documents can be completed and will be handled on a case-by-case basis. Please direct mail and deliveries to the Seattle office.

From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Kaitlyn Jackson
Sent: Thursday, December 17, 2020 4:19 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Landlord Question - Next legislative session

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<mailto: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<mailto:eric at sayrelawoffices.com>

Covid-19 Update - All attorneys are working remotely during regular business hours and are available via email and by phone. Videoconferencing also is available. Signing of estate planning documents can be completed and will be handled on a case-by-case basis. Please direct mail and deliveries to the Seattle office.

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
Sent: Thursday, December 17, 2020 2:59 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

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<mailto:wsbarp-bounces at lists.wsbarppt.com> <wsbarp-bounces at lists.wsbarppt.com<mailto: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<mailto: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<mailto:Garl at longlaw.biz>>
Date: 12/17/20 2:15 PM (GMT-08:00)
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto: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<https://na01.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.washingtonlaw.net%2F&data=04%7C01%7C%7C3ad32d5fc4764794e46e08d8a2d935b8%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C637438401075055698%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=DtUXJVBQr9jrfAcs0VP8AjpgaqzovLn11GNixl6v0Ug%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 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<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<https://na01.safelinks.protection.outlook.com/?url=http%3A%2F%2Fheckerwakefield.com%2F&data=04%7C01%7C%7C3ad32d5fc4764794e46e08d8a2d935b8%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C637438401075065693%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=yX6TEYkb2qMyn9cK3xUbOGsIz48aS9fz2uX8r%2FF%2FIxE%3D&reserved=0>

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://na01.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.avast.com%2Fantivirus&data=04%7C01%7C%7C3ad32d5fc4764794e46e08d8a2d935b8%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C637438401075065693%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=w5ED6xDFhAmMVWCiL6c6%2Bgw7HAwBvJmgf397NWn7cGo%3D&reserved=0>

This email has been checked for viruses by Avast antivirus software.
www.avast.com<https://na01.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.avast.com%2Fantivirus&data=04%7C01%7C%7C3ad32d5fc4764794e46e08d8a2d935b8%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C637438401075075688%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=8CZu5iUGqPapH%2BGiZwr6FWa9U4G1mUXj4O7OMxQYeQs%3D&reserved=0>

***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<https://na01.safelinks.protection.outlook.com/?url=http%3A%2F%2Fmailman.fsr.com%2Fmailman%2Flistinfo%2Fwsbarp&data=04%7C01%7C%7C3ad32d5fc4764794e46e08d8a2d935b8%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C637438401075085687%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=%2FnWFsbwNtQ9wBg79b8%2FWIJIJZLs3z%2B4emU4cvw4FeJM%3D&reserved=0>

***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<https://na01.safelinks.protection.outlook.com/?url=http%3A%2F%2Fmailman.fsr.com%2Fmailman%2Flistinfo%2Fwsbarp&data=04%7C01%7C%7C3ad32d5fc4764794e46e08d8a2d935b8%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C637438401075085687%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=%2FnWFsbwNtQ9wBg79b8%2FWIJIJZLs3z%2B4emU4cvw4FeJM%3D&reserved=0>

***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

--
Thank you,

Kaitlyn R. Jackson | Attorney| DIMENSION LAW GROUP PLLC
130 Andover Park East, Suite 300 | Tukwila, WA 98188
t: 206.973.3500 | f: 206.577.5090| e: kaitlyn at dimensionlaw.com|<mailto:kaitlyn at dimensionlaw.com|> www.dimensionlaw.com<http://www.dimensionlaw.com/>

Covid-19 Update - Dimension Law Group remains available to serve our clients and the public during this time, subject to the orders and recommendations of government authority.
All attorneys and staff are working remotely regular business hours and are available via email and by phone. Videoconferencing also is available. We will continue to advise and support our clients throughout this health emergency.

PRIVILEGED AND CONFIDENTIAL:  This e-mail (including any attachments) is intended only for the use of the individual or entity named above and may contain privileged or confidential information. If you are not the intended recipient, or the employee or agent responsible to deliver it to the intended recipient, you are notified that any review, dissemination, distribution or copying of this e-mail is prohibited. Attempts to intercept this message are in violation of 18 USC 2511(1) of the Electronic Communications Privacy Act, which subjects the interceptor to fines, imprisonment and/or civil damages. If you have received this e-mail in error, please immediately notify us by e-mail, facsimile, or telephone; return the e-mail to us at the e-mail address below; and destroy all paper and electronic copies. Any settlement offer contained herein is made pursuant to Washington ER 408, and without admitting fault or liability on the part of this firm’s client(s) or its agents.  IRS CIRCULAR 230 DISCLAIMER:  To ensure compliance with requirements imposed by the IRS, I inform you that any U.S. tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code; or (ii) promoting, marketing or recommending to another party any transaction or tax-related matter addressed herein.
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20201218/aaf5b22c/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image001.jpg
Type: image/jpeg
Size: 823 bytes
Desc: image001.jpg
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20201218/aaf5b22c/image001.jpg>