[WSBARP] Did I miss something? Bridge Program?!?!?!?

Thu Jul 1 12:07:04 PDT 2021

All -

Answers to these types of questions are really difficult unless you are
fully up to date with the new SB 5160, SB 1236, Proclamation 20-19.09, the
CARES Act, and the local City and County laws where the property in
question is located. Simply put, there's no one-size-fits-all answer to
this question or most other landlord-tenant questions. Given that the new
laws have very stiff penalties to Landlords who do not comply with them
exactly, it's really risky not to ensure you have a thorough grasp (well,
as thorough as any attorney can be given the many grey areas and
interpretive challenges) before providing advice. I'm not trying to be a
Debbie-Downer (sorry to all the "Debbies" out there), but this area of
practice has become complex and fluid, so you enter it or engage with it at
your own risk. If you simply don't have the time (which is totally
understandable as this area can take up all your time) to do
thorough research and look at each client, tenant, and property
individually, then I suggest you kick it out to someone who solely
practices this area. The days where you could "dabble" in it are gone IMHO.

The best way I've heard this situation described is that trying to
determine your client's rights and options is like driving down the highway
where the speed limit depends on the color of your car, the number of
people in your car and the types of relationships they have with each
other, the weight of your car, where you are driving, how many other cars
you own, and the type of vehicle you are driving.

I'm attaching the Proclamations and new laws for reference. I'm not going
to attach city/county ordinances which also impact answers: (see Auburn,
Burien, Kenmore, Federal Way, Seattle, Tacoma, Vancouver, Bellingham,
Renton, Kirkland, and King County, etc.).

Don't shoot the messenger.

Kaitlyn

On Thu, Jul 1, 2021 at 10:51 AM Josh Grant <jgrant at accima.com> wrote:

> How about notices of sale of real property by owner.  Are they required to
> be 60 days and does the landlord have to personally sign?
> thanks
> Josh
>
> *Joshua F. Grant*
> [image: advocates]
> P. O. Box 619
> Wilbur, WA 99185
> 509 647 5578
>
> *From:* Julie Martiniello
> *Sent:* Wednesday, June 30, 2021 7:00 PM
> *To:* WSBA Real Property Listserv
> *Subject:* Re: [WSBARP] Did I miss something? Bridge Program?!?!?!?
>
> Hi Annie,
>
> Our understanding and that of a group of LL/T attorneys I spoke with
> tonight is that you can start issuing 60 day notices of rent increase
> notices July 1st, assuming you do not have any city restrictions.
>
> On Wed, Jun 30, 2021 at 11:33 AM Annie Fitzsimmons <atfitz at comcast.net>
> wrote:
>
>> LL/T lawyers ... I am getting a bunch of questions about giving notice
>> for rent increases and want to be sure I've got this correct.
>> Rent can be increased AFTER July 31 but no rent increase can take effect
>> without 60 days notice.
>> Is that correct?  Or can a 60 day notice of rent increase be sent
>> tomorrow?
>> Thank you!!!  Annie
>>
>> Annette T. Fitzsimmons P.S.
>> P.O. Box 430
>> Belfair, WA 98528
>>
>> On 06/30/2021 10:25 AM Kary Krismer <krismer at comcast.net> wrote:
>> On 6/30/2021 9:09 AM, Paul Neumiller wrote:
>>
>>
>>
>> This reminds of when the feds greatly revised the bankruptcy laws to make
>> it harder to declare bankruptcy.  The bankruptcy rules got so complicated,
>> byzantine, and frustrating that many bankruptcy practitioners left the
>> field.  I’m getting phone calls from potential clients with units in other
>> counties because they can’t find an attorney in their own county who wants
>> to address this morass.
>>
>>
>>
>>
>>
>>
>>
>> Having been one of the bankruptcy attorneys that left the field, I don't
>> think that description of what happened is quite accurate.
>>
>> For me it was primarily two concerns.  First, that automobile loans would
>> have to be reaffirmed or the car returned, with reaffirmation requiring the
>> attorney to attest that reaffirmation was not an undue hardship.  Having
>> only reaffirmed one auto loan in my entire career where the vehicle was
>> modified for handicap use, I did not want that repeated ethical dilemma.
>> That was particularly true given the fact that many auto loans are
>> negotiated at auto dealers and hardly on the best terms.  Congress
>> completely sold out on that one.  Unfortunately our state legislature had
>> sold out several years earlier and did away with statutory provisions
>> preventing collection of a deficiency on such loans.  Banks are apparently
>> very good at dishing out money to politicians.
>>
>> Second was provisions allowing creditors to come after debtors' attorneys
>> personally, akin to CR 11, but on much looser standards.  Fortunately the
>> courts pretty much shut that one down, but I did not know that in advance.
>>
>> As to others leaving, that was likely also due to a severe drop off in
>> case filings due to the press completely misrepresenting the effect of the
>> changes.  Everyone and their brothers who even thought the word bankruptcy
>> filed before the new Act went into effect, whether they needed to or not.
>> There was a long dry spell in filings.
>>
>> Kary L. Krismer
>> 206 723-2148
>>
>> ***Disclaimer: Please note that RPPT listserv participation is not
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>> attorneys, law students, professionals working in related fields, and
>> others.***
>>
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>>
>> ***Disclaimer: Please note that RPPT listserv participation is not
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>>
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>
>
>
> --
> Respectfully,
>
> JULIE A. MARTINIELLO | PARTNER | DIMENSION LAW GROUP PLLC
> 130 Andover Park East, Suite 300 | Tukwila, WA 98188
> t: *206.973.3500 *| f: *206.577.5090*| e: JULIE*@dimensionlaw.com*|
> www.dimensionlaw.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

Covid-19 Update - Dimension Law Group remains available to serve our
clients and the public during this time, subject to the orders and
recommendations of government authority.

All attorneys and staff are working remotely regular business hours and are
available via email and by phone. Videoconferencing also is available. We
will continue to advise and support our clients throughout this health
emergency.

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PRIVILEGED AND CONFIDENTIAL:  This e-mail (including any attachments) is 
intended only for the use of the individual or entity named above and may 
contain privileged or confidential information. If you are not the intended 
recipient, or the employee or agent responsible to deliver it to the 
intended recipient, you are notified that any review, dissemination, 
distribution or copying of this e-mail is prohibited. Attempts to intercept 
this message are in violation of 18 USC 2511(1) of the Electronic 
Communications Privacy Act, which subjects the interceptor to fines, 
imprisonment and/or civil damages. If you have received this e-mail in 
error, please immediately notify us by e-mail, facsimile, or telephone; 
return the e-mail to us at the e-mail address below; and destroy all paper 
and electronic copies. Any settlement offer contained herein is made 
pursuant to Washington ER 408, and without admitting fault or liability on 
the part of this firm’s client(s) or its agents.  IRS CIRCULAR 230 
DISCLAIMER:  To ensure compliance with requirements imposed by the IRS, I 
inform you that any U.S. tax advice contained in this communication 
(including any attachments) is not intended or written to be used, and 
cannot be used, for the purpose of (i) avoiding penalties under the 
Internal Revenue Code; or (ii) promoting, marketing or recommending to 
another party any transaction or tax-related matter addressed herein. 
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