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

Thu Jul 1 12:38:04 PDT 2021

Well said Kaitlyn.

And, thanks for all the insights you always share.

Sincerely,

Tom

Thomas J. Westbrook

Attorney at Law

Rodgers Kee Card & Strophy, P.S.

324 West Bay Drive NW, Suite 201

Olympia, Washington  98502

Phone: 360-352-8311

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Email: tjw at buddbaylaw.com

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*From:* wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com>
*On Behalf Of *Kaitlyn Jackson
*Sent:* Thursday, July 01, 2021 12:07 PM
*To:* WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
*Subject:* Re: [WSBARP] Did I miss something? Bridge Program?!?!?!?

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

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

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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
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