[WSBARP] More Eviction Moratorium - Federal - Effective today

Wed Sep 2 14:36:29 PDT 2020

I does seem counterintuitive that the CDC doesn’t appear to have a sense of urgency about controlling the virus (depending on the day), but will take extraordinary efforts to manage the results of the virus.

Jean M. McCoy | Attorney at Law
Landerholm P.S.
805 Broadway Street, Suite 1000
P.O. Box 1086
Vancouver, WA 98666-1086
T: 360-816-2526 T: 503-283-3393 F: 360-816-2527
From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Tom Westbrook
Sent: Wednesday, September 2, 2020 2:02 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] More Eviction Moratorium - Federal - Effective today

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

[cid:image002.jpg at 01D68136.6F00F880]

Rodgers Kee Card & Strophy, P.S.
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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 David R. Ambrose
Sent: Wednesday, September 02, 2020 12:57 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto: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<mailto:drambrose at ambroselaw.com>

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 Timothy Lehr
Sent: Wednesday, September 2, 2020 12:47 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto: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<mailto:timothy at stileslaw.com>
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From: Kaitlyn Jackson <kaitlyn at dimensionlaw.com<mailto:kaitlyn at dimensionlaw.com>>
Sent: Tuesday, September 1, 2020 6:16 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto: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
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