[WSBARP] Landlord Question - Next legislative session
K. Garl Long
Garl at longlaw.biz
Thu Dec 17 17:50:18 PST 2020
Our country was founded as a Constitutional Republic, not an absolute
Democracy. We did this to avoid the institution of tyranny by the
majority. We did this to protect the minority, to assure that each
person, would have the inalienable right live life in liberty, to pursue
happiness without fearing deprivation by the majority.
It is true that our constitutions have been much weakened, it may be
that this will continue until the majority can trample unfettered on the
rights of disfavored groups; it will most certainly occur if lawyers do
not stand for the rule of law, especially against the majority.
KGL
On 12/17/2020 05:34 PM, Eric Nelsen wrote:
>
> 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
>
> 206-625-0092
>
> 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
>
> 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 <http://www.lwattorney.com>
>
> Lenard at wittlakelaw.com <mailto:Lenard at wittlakelaw.com>
>
> The information contained in this email may be privileged, confidential or
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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. 34^th St.
>
> Tacoma, WA 98418
>
> /www.washingtonlaw.net
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> /andrewhay at washingtonlaw.net <mailto: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>
> [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
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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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