[WSBARP] More Eviction Moratorium - Federal - Effective today

Wed Sep 2 14:02:25 PDT 2020

But again, the question stands, does the CDC have such emergency authority
as a Governmental Agency to authorize the moratorium and accord criminal
penalties without at least going through the normal regulatory and rule
adoption process? If so, why haven’t they mandated stay home and masks,
etc.? This is a tough time to be a Landlord and a great time to be a
Tenant. Wish we could escape our mortgage payments as easily.

Sincerely,

Tom

Thomas J. Westbrook

Attorney at Law

Rodgers Kee Card & Strophy, P.S.

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*From:* wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com>
*On Behalf Of *David R. Ambrose
*Sent:* Wednesday, September 02, 2020 12:57 PM
*To:* WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
*Subject:* Re: [WSBARP] More Eviction Moratorium - Federal - Effective today

Timothy,

Perhaps not, but given the moratorium order imposes criminal penalties for
violations, I expect this will have the desired effect on stopping
residential evictions.

Text from the order:

“CRIMINAL PENALTIES:

Under 18 U.S.C. 3559, 3571; 42 U.S.C. 271; and 42 CFR

70.18, a person violating this Order may be subject to a

fine of no more than $100,000 if the violation does not

result in a death or one year in jail, or both, or a fine

of no more than $250,000 if the violation results in a

death or one year in jail, or both, or as otherwise

provided by law. An organization violating this Order may

be subject to a fine of no more than $200,000 per event if

the violation does not result in a death or $500,000 per

event if the violation results in a death or as otherwise

provided by law. The U.S. Department of Justice may

initiate court proceedings as appropriate seeking

imposition of these criminal penalties.

Regards,

David Ambrose

drambrose at ambroselaw.com

*From:* wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com>
*On Behalf Of *Timothy Lehr
*Sent:* Wednesday, September 2, 2020 12:47 PM
*To:* WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
*Subject:* Re: [WSBARP] More Eviction Moratorium - Federal - Effective today

Does the CDC have authority over courts to prohibit evictions?

*Timothy C. Lehr*

Attorney at Law

Stiles Law Inc., P.S.

p:   360.855.0131

e:   timothy at stileslaw.com

w:  www.stileslaw.com

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*From:* Kaitlyn Jackson <kaitlyn at dimensionlaw.com>
*Sent:* Tuesday, September 1, 2020 6:16 PM
*To:* WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
*Subject:* [WSBARP] More Eviction Moratorium - Federal - Effective today

Hi Brain Trust -

Just wanted to update on yet another moratorium on evictions. HERE IT IS
<https://s3.amazonaws.com/public-inspection.federalregister.gov/2020-19654.pdf>.
I think this language is intended to cover only evictions that are for
non-payment of rent. But, I'm not sure it's language clearly achieves that
end.

-- 

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|
<kaitlyn at dimensionlaw.com|>* www.dimensionlaw.com

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