[WSBARP] Crazy ULD Commissioner

Thu Sep 23 09:57:54 PDT 2021

Related to this, has anyone successfully completed a monetary eviction where the amounts of past due rent are from AFTER August 2021, the landlord and tenant are engaged in the mediation process with VOA, and the payment arrangement from VOA is tied to a bunch of conditions the LL doesn’t agree with such as not being able to evict for non-payment for 6 months after, not raising rent for a protracted period (longer than the moratorium) etc.  Meaning no payment arrangement is agreed to by the LL.  This case is in Snohomish County.  We asked VOA to remove the conditions and we would agree to the arrangement, but if they don’t just wondering what the odds of actually pursuing this are.

I feel like this would be denied but has anyone successfully pushed one of these through.

Athena Makratzakis Dickerson
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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Rob Rowley
Sent: Thursday, September 23, 2021 9:47 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Crazy ULD Commissioner

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
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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 Kaitlyn Jackson
Sent: Thursday, September 23, 2021 9:22 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto: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<mailto: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

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Rodgers Kee Card & Strophy, P.S.
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Olympia, Washington  98502

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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 Maxwell Glasson
Sent: Wednesday, September 22, 2021 7:54 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto: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
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Seattle, Washington, 98109
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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 Tom Westbrook
Sent: Wednesday, September 22, 2021 5:37 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto: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<mailto:tjw at buddbaylaw.com>

Skype: thomas.westbrook

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• 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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