[WSBARP] Crazy ULD Commissioner
Rob Rowley
rob at rowleylegal.com
Thu Sep 23 09:47:04 PDT 2021
Only monetary evictions are currently prohibited. Considering how the slow
walked rollout of the new Right to Counsel program I am betting we will
not see a single monetary eviction in Washington state until April 22, 2022.
https://www.courts.wa.gov/newsinfo/?fa=newsinfo.pressdetail&newsid=46118
The Implementation Plan
<https://ocla.wa.gov/wp-content/uploads/2021/07/Implementation-Plan-Right-to-Counsel-for-Indigent-Tenants-7-15-21-Final.pdf>
was
mandated by the passage of SB 5160 during the last legislative session.
That bill gave OCLA 90 days to develop a plan (by July 22) and 12 months to
implement it (by April 22, 2022).
In Spokane County on Monday I completed two exempt evictions. One where
owner was selling and the other where owner was occupying his primary
residence.
I am aware of at least one attorney in Spokane County who is filing
monetary eviction and alleges in the complaint that the whole ERP program
is unconstitutional. Old saying that the leading edge is the bleeding
edge.
Robert R. Rowley
Attorney & Counselor At Law
p: 509.252.5074 m: 509.994.1143
f: 509.928.3084
a: 7 S Howard St, Ste 218, Spokane, WA 99201
w: rowleylegal.com e: rob at rowleylegal.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, September 23, 2021 9:22 AM
*To:* WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
*Subject:* Re: [WSBARP] Crazy ULD Commissioner
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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COVID-19 UPDATE:
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s All the staff is working remotely. We are routinely monitoring our voice
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s Please provide necessary documents to us by scan and email, where
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*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
*WA# 51948 NV# 13339 CA# 292356*
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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
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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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