[WSBARP] Landlord Question - Next legislative session

[Eric Nelsen]

It would be good for some real property lawyers to be involved in further discussions of the moratoria, and certainly anything as consequential as legislation.

"Outvoting y'all" is also called majority rule in a democracy. That rests on the social contract, that for the greater good of all, the minority agrees to abide by the decision of the majority. There is a flood of opinionated people in this country right now who appear to have forgotten that. I would hope that lawyers as a group have not forgotten. If our legislators change the priorities between property rights and life and liberty interests, that is how self-governance works.

"Expropriation of dwellings" bollocks. No landlord is being removed from their home. Landlords' right to use the courts to enforce payment of rent is being temporarily blocked during a health emergency. The debt remains owing and there will be a huge financial and legal mess to clean up. But I think calling it "expropriation of dwellings" is hardly appropriate.

Sincerely,

Eric

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

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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Lenard Wittlake
Sent: Thursday, December 17, 2020 4:36 PM
To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Landlord Question - Next legislative session

So there you have it.  There are enough who "vehemently support" the "expropriation of dwellings" that they can now outvote y'all, so what do you expect from politicians?

Since the Governor has not "surgically" addressed the overreach problems in four iterations of the moratorium, it is not likely going to happen in the fifth.

It appears to be time for the section to organize an evaluation of the proposed legislation.  I assume our appointed leaders are working on such.

Lenard L Wittlake, PLLC
Attorney & Counselor at Law
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P.O. Box 1233
Walla Walla, WA 99362
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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 Christy M
Sent: Thursday, December 17, 2020 2:41 PM
To: WSBA Real Property Listserv
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
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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 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
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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.


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