[WSBARP] Supreme Court - Eviction Moratorium - McCrea v Drury

Tue Mar 9 12:10:51 PST 2021

A few days before my hearing to evict (based solely on the 60 day notice of intent to sell - scheduled for Feb 12th) I received a NOA, a tenant declaration complying the with the CDC requirements, and an 8 page answer from a Northwest Justice Project attorney requesting a stay on the eviction and citing this case and another Supreme Court stay order based upon the CDC’s moratorium.  They told me if a stay was not granted, they would request a trial and appeal any verdict not in their favor.  At the same time, they proposed a settlement to an agreed judgment and writ if we gave tenant until May 31st to move out.  The May 31st date was set because that is minimum length they thought it would take to get the Stay issue resolved in the higher courts.  Not sure if this settlement offer is common practice for the NW Justice Project, or only on a case-by-case basis.  I wonder if others have received the same offer.

My client took the offer to get a set vacate date and avoid the cost of trial and appeal, which would have delayed everything anyway.  And we still don’t know whether the CDC moratorium would be extended further, and it’s unclear what the legislature will do in the meantime.  Our agreement waives any current or future enacted defenses to eviction.

Sincerely yours,

SCOTT E. RUSSON
Attorney at Law

Yates Marshall, PLLC
10000 N.E. 7th Avenue, Suite 200
Vancouver, WA 98685
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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Kaitlyn Jackson
Sent: Tuesday, March 9, 2021 11:42 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Supreme Court - Eviction Moratorium - McCrea v Drury

Bryce -

Theoretically, if the occupant submits the CDC Declaration, then under the current legal justification, the occupant would be protected.

If you look at the CDC's terribly drafted "Order" you will see it applies to a "landlord, owner of a residential property, or other person with a legal right to pursue eviction or possessory action" and  "covered persons" are defined as "tenant, lessee, or resident of a residential property."

The way I read it is that under the broad interpretation being applied, it even applies to a squatter or a trespasser. The CDC's Order does not (to my knowledge) even require the person, be on the property legally.

On Tue, Mar 9, 2021 at 11:36 AM Bryce Dille <Bryce at dillelaw.com<mailto:Bryce at dillelaw.com>> wrote:
What about evictions arising out of non landlord tenant situations where PR is attempting to evict a family member from decedents house after 60 day notice to sell was given and we are in action for ejectment.

Bryce H. Dille
Dille Law, PLLC
2010 Caton Way SW Ste. 101
Olympia, WA 98502
Office: 360-350-0270
Cell: 253-579-5561

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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 Rob Rowley
Sent: Tuesday, March 9, 2021 11:03 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: [WSBARP] Supreme Court - Eviction Moratorium - McCrea v Drury

Any thoughts on the February 4, 2021 Supreme Court commissioners ruling which raised issues with evictions related to terminations based upon owner's intent to sell or occupy.  Dealing with the federal CDC eviction moratorium being declared unconstitutional by a Texas federal district court.  Oral argument on May 13.

https://www.landlordsolutionsinc.com/wp-content/uploads/2021/03/WSC-ruling-staying-eviction.pdf

I understand we can still issue notices just not proceed with eviction hearings.

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Robert R Rowley
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