[WSBARP] Landlord Question - Next legislative session

Thu Dec 17 17:41:48 PST 2020

We were planning the ADR - RPPT open forum event before this incredible thread unfolded today. 

I hope everyone engaged in today's dialogue will join us on January 6 to find common ground and explore strategies to address the various issues constructively. It will be the first of several sessions.

Roger A. Moss 
Mediation Counsel
Rincon Resolutions LLC
206.790.1971 Seattle
415.371.9724 San Francisco
RinconRes.org

Confidential Correspondence
The information in this e-mail (including attachments, if any) is considered privileged and/or confidential and is intended only for the recipient(s) listed above. Any review, use, disclosure, distribution or copying of this e-mail is prohibited except by or on behalf of the intended recipient. If you have received this email in error, please notify me immediately by reply email, delete this email, and do not disclose its contents to anyone.

> On Dec 17, 2020, at 4:49 PM, Christy M <talk2much84 at msn.com> wrote:
> 
> I hope that the appointed leaders will take the time to ascertain the viewpoints of the members, as a whole, before any such undertaking. If one thing is clear, it is that there is not consensus in the section about this issue. 
> 
> 
> -------- Original message --------
> From: Lenard Wittlake <lwlaw at my180.net <mailto:lwlaw at my180.net>> 
> Date: 12/17/20 4:42 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 
> 
> 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
> 22 East Poplar Street, Suite 202
> P.O. Box 1233
> Walla Walla, WA 99362
> (509) 529-1529 voice
> (509) 850-3515 fax
> www.lwattorney.com <https://na01.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.lwattorney.com%2F&data=04%7C01%7C%7Cc87f1013345c44ba4c1f08d8a2eddbce%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C637438489768287787%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=Bfela1Xm2esyGZOj0%2F8XAwTz2WL%2FISQdA5pflyvXPqI%3D&reserved=0>
> Lenard at wittlakelaw.com <mailto:Lenard at wittlakelaw.com>
>  
> The information contained in this email may be privileged, confidential or
> otherwise protected from disclosure.  If you received this email in error,
> please reply to the sender that you have received this information in error
> and delete this email.
>  
> From: wsbarp-bounces at lists.wsbarppt.com <mailto: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
> www.washingtonlaw.net <https://na01.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.washingtonlaw.net%2F&data=04%7C01%7C%7Cc87f1013345c44ba4c1f08d8a2eddbce%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C637438489768297782%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=Zf1hEInTovEHsS1HRAh5sVZe1lujUncscJN9CMAhJxU%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 <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%7Cc87f1013345c44ba4c1f08d8a2eddbce%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C637438489768307775%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=N%2B70jcKKgFro1RzC6nOMfkTTF8dggTcXfY1YTxN6hU8%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.
>  
>  
> <image001.jpg> <https://na01.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.avast.com%2Fantivirus&data=04%7C01%7C%7Cc87f1013345c44ba4c1f08d8a2eddbce%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C637438489768307775%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=qxxm3wQWUtMl4lDTpBWa9NK8xrsmaxOv5P%2FfdH9tCKw%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%7Cc87f1013345c44ba4c1f08d8a2eddbce%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C637438489768317773%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=xYyIPogFRgB9YP%2FtVhLHc%2Bd2gI9EL8rK%2BoqwgbvkfOU%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%7Cc87f1013345c44ba4c1f08d8a2eddbce%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C637438489768327769%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=%2FvjL%2F8R6QtJvcYdHOYMEWoq3wCa6Q6iGx5t3n2oaRdk%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%7Cc87f1013345c44ba4c1f08d8a2eddbce%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C637438489768327769%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=%2FvjL%2F8R6QtJvcYdHOYMEWoq3wCa6Q6iGx5t3n2oaRdk%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 <http://mailman.fsr.com/mailman/listinfo/wsbarp>
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20201217/98d7428e/attachment.html>