[WSBARP] Crazy ULD Commissioner

Thu Sep 23 09:22:22 PDT 2021

I would have it revised. The current state proclamation 21-09 only relates
to evictions/notices based on non payment of rent. It specifically says
that all other notices/actions (specifically, those under 1236 "Just
Cause") can move forward.

  PERMISSIBLE UNLAWFUL DETAINER ACTIONS • Excepting the prohibitions stated
herein, all other allowable evictions under ESHB 1236 and the current
Residential Landlord-Tenant Act (RCW 59.18) and Manufactured/Mobile Home
Landlord-Tenant Act (RCW 59.20) may proceed as otherwise allowed by law.

On Thu, Sep 23, 2021 at 8:59 AM Tom Westbrook <tjw at w3net.net> wrote:

> Hard to tell what the commissioner was doing. Our notice was specific as
> to the just cause and our complaint alleged the factual circumstances
> surrounding the notice to vacate. It was all very specific and we did not
> even talk about rent. HJP attorney argued that we had to use some other
> notice for 120 days that does not even apply to our client’s situation. We
> can only suspect that this commissioner will do whatever necessary to keep
> tenants from being evicted for any cause.
>
>
>
> 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
>
> Facsimile: 360-352-8501
>
> Email: tjw at buddbaylaw.com
>
> Skype: thomas.westbrook
>
> www.buddbaylaw.com
>
>
>
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> s Rodgers Kee Card & Strophy will no longer maintain “open” hours at the
> physical office.
>
> s All the staff is working remotely.  We are routinely monitoring our
> voice mail and email, which is the best way to communicate during this
> period.
>
> s We are still taking new clients but consultations will be telephonic or
> via video conferencing, and any in-person meetings will be by appointment
> and only if necessary to execute documents.
>
> s Please provide necessary documents to us by scan and email, where
> possible, or by mail if not.
>
> s We anticipate these changes will be effective for the foreseeable
> future.  We are doing everything we can to maintain the level of service
> and professionalism we’ve always provided, even in the face of this public
> health crisis. Thank you in advance for your patience and understanding.
>  We look forward to the soonest possible return to full operations and
> continued service to our clients.
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
> *From:* wsbarp-bounces at lists.wsbarppt.com <
> wsbarp-bounces at lists.wsbarppt.com> *On Behalf Of *Maxwell Glasson
> *Sent:* Wednesday, September 22, 2021 7:54 PM
> *To:* WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
> *Subject:* Re: [WSBARP] Crazy ULD Commissioner
>
>
>
> Strange.  The proclamation itself allows for all other unlawful detainer
> actions other than if it is based upon debt that accrued during the
> pandemic.  Was the commissioner somehow trying to tie the “economic reason”
> to past rent owed?
>
>
>
> “*PERMISSIBLE UNLAWFUL DETAINER ACTIONS *
>
> • Excepting the prohibitions stated herein, all other allowable evictions
> under ESHB 1236 and the current Residential Landlord-Tenant Act (RCW 59.18)
> and Manufactured/Mobile Home Landlord-Tenant Act (RCW 59.20) may proceed as
> otherwise allowed by law. “
>
>
>
> Maxwell B. Glasson
>
> *Glasson Legal, PLLC *
>
> 2212 Queen Anne Ave. N, #659
>
> Seattle, Washington, 98109
>
> 206-627-0528
>
> max at glassonlegal.com
>
> www.glassonlegal.com
>
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> *From:* wsbarp-bounces at lists.wsbarppt.com <
> wsbarp-bounces at lists.wsbarppt.com> *On Behalf Of *Tom Westbrook
> *Sent:* Wednesday, September 22, 2021 5:37 PM
> *To:* WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
> *Subject:* [WSBARP] Crazy ULD Commissioner
>
>
>
> Hello all,
>
> So we gave notice to vacate on a for cause provision in the new law. The
> HJP attorney argued that the new law did not override the Proclamation
> and the Commissioner agreed. Our case was dismissed for no factual or legal basis
> in our complaint. Our client has a 4 plex where Thurston County has
> ordered our client to abandon the septic tank and hook up to sewer. 2 of
> the 4 tenants vacated upon our notice to vacate for cause under ESHB
> 1236(2)(m) due to a legitimate economic and business reason. Commissioner
> said Proclamation rules; not new law. We gave notice after the new law
> become effective.
>
> We are filing a motion for revision. Anyone have some legal argument that new
> law by Legislature overrides the Proclamation as to the provisions
> outlined in the new law?
>
> 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
>
> Facsimile: 360-352-8501
>
> Email: tjw at buddbaylaw.com
>
> Skype: thomas.westbrook
>
> www.buddbaylaw.com
>
>
>
> The information contained in this email and attachment(s) are for the
> exclusive use of the addressee(s) and may contain private, privileged
> and/or confidential information.  If you are not the addressee, you are
> strictly prohibited from reading, photocopying, distributing or otherwise
> using this email or its contents in any way. If you have received this
> communication in error, please notify us immediately by telephone at
> 360-352-8311 or by e-mail to reception at buddbaylaw.com, and destroy the
> original message from your electronic files.
>
> COVID-19 UPDATE:
>
> s Rodgers Kee Card & Strophy will no longer maintain “open” hours at the
> physical office.
>
> s All the staff is working remotely.  We are routinely monitoring our
> voice mail and email, which is the best way to communicate during this
> period.
>
> s We are still taking new clients but consultations will be telephonic or
> via video conferencing, and any in-person meetings will be by appointment
> and only if necessary to execute documents.
>
> s Please provide necessary documents to us by scan and email, where
> possible, or by mail if not.
>
> s We anticipate these changes will be effective for the foreseeable
> future.  We are doing everything we can to maintain the level of service
> and professionalism we’ve always provided, even in the face of this public
> health crisis. Thank you in advance for your patience and understanding.
>  We look forward to the soonest possible return to full operations and
> continued service to our clients.
>
>
>
>
>
>
>
>
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