[WSBARP] King County Ordinance 19118 enacted June 23 - re residential and "small commercial" tenants

Wed Jul 1 21:03:18 PDT 2020

Kaitlyn, have two drinks. Then remember you warned everyone that haircuts were coming; they’re just getting more expensive. 

Finally, and seriously, all this ambiguity supports putting every rent deferment and lease workout negotiation inside a confidential mediation process. Every bloody one. 

Roger A. Moss
Pacific Conflict Intervention 
415.371.9724 San Francisco
206.790.1971 Seattle
www.Pacific-CI.com 

Dictated in motion

> On Jul 1, 2020, at 8:36 PM, Kaitlyn Jackson <kaitlyn at dimensionlaw.com> wrote:
> 
> 
> The following section really concerns me: 
> 
>  A residential rental agreement may not be terminated by the landlord under RCW 59.12.030(2),
> RCW 59.18.200 or RCW 59.18.220, where the tenant has entered into a repayment plan under sections 3.D.
> and 4 of this ordinance until after the tenant has completed the repayment plan, or the tenant refused or failed to comply with, a repayment plan that was reasonable based on the individual financial, health and other
> circumstances of the tenant.  This section shall not prohibit a landlord from otherwise terminating a tenancy
> subject to this ordinance due to behavior resulting in an imminent threat to health and safety of other persons on the premises.
> 
> Based on Proclamation 20-19.1 and 20-19.2, unpaid rent is not collectable unless the landlord offers a reasonable payment plan based on the individual circumstances of the tenant. So, in order to even take the tenant to small claims court or report credit agencies, the landlord must first offer a payment plan. But, according to this King County Ordinance, if the landlord offers the payment plan and the tenant accepts it, the landlord is forced to keep that tenant throughout the term of the plan. Based on what I'm seeing, courts are looking at 6-12 months as reasonable. Something like this feels like a catch-22. 
> 
> Therefore, those landlords who want to terminate the tenancies with the tenant once the moratoria are lifted may need to terminate the tenancy for no cause per 59.12.030(2) (assuming they are not in a city that requires "just cause") and THEN after the tenant is gone either by agreement or court action, send a letter offering a reasonable payment plan for the unpaid rent debt, and if the previous tenant won't play ball, then the unpaid rent from the tenancy becomes collectable through normal civil processes. 
> 
> If the property is located in a city that has adopted a "just cause" ordinance (Seattle, Burien, Federal Way to name a few), then this is much more complicated because the landlord would have to use a 14 day notice to pay rent or vacate and offer a payment plan - then if the tenant takes it, the Landlord must keep them until the payment plan has been satisfied. In this context, I would make sure part of the payment plan requires the signing of a term lease for that repayment period so you get out of the month-to-month status which is so cumbersome on the landlord in this "just cause" jdx. 
> 
> I need a drink. ;)
> 
> Kaitlyn Jackson
> 
> On Wed, Jul 1, 2020 at 7:22 PM Craig Gourley <craig at glgmail.com> wrote:
>> A case in another state the judge ruled that it is not a taking because it does not forgive rent , just delays collection. Apparently collectabilty is just a pesky detail to be ignored. 
>> 
>> Sent from my Verizon, Samsung Galaxy smartphone
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>> 
>> From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> on behalf of nestor at pplsweb.com <nestor at pplsweb.com>
>> Sent: Wednesday, July 1, 2020 6:05:00 PM
>> To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com>
>> Subject: Re: [WSBARP] King County Ordinance 19118 enacted June 23 - re residential and "small commercial" tenants
>>  
>> I am not trying to start trouble, but isn’t this a “taking” by the government without just compensation? Can this be enforced by the courts?
>> 
>>  
>> 
>> I understand the public policy issue, but as far as I know the county has not put a moratorium on charging or collecting property taxes and for other county services. 
>> 
>>  
>> 
>> Food for thought.
>> 
>>  
>> 
>> Nestor Gorfinkel
>> 
>>  
>> 
>>  
>> 
>> From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Eric Nelsen
>> Sent: Wednesday, July 1, 2020 5:25 PM
>> To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com>; REALPROP at yahoogroups.com
>> Subject: [WSBARP] King County Ordinance 19118 enacted June 23 - re residential and "small commercial" tenants
>> 
>>  
>> 
>> I haven't seen any talk about this so I thought I would send it around—this is for unincorporated King County, based on King County ordinance passed on June 23. It's basically a prohibition on evicting based on failure to pay rent, effective as to payments missed between March 2020 and March 2021, for residential and "small commercial" tenants as defined in the ordinance. The terms seem a little squishy and lots of ambiguities I think. It has a repayment plan provision, again kind of squishy and arguable.
>> 
>>  
>> 
>> I think I've attached the ordinance as passed but I am not totally positive. If I got it wrong, apologies.
>> 
>>  
>> 
>> Here's the news release from the County, which unhelpfully did not include a link to the actual ordinance.
>> 
>>  
>> 
>> 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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> 
> 
> -- 
> 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| www.dimensionlaw.com
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