[WSBARP] Crazy ULD Commissioner

Fri Sep 24 10:04:11 PDT 2021

Thanks Rob,

I agree with you that trying to get someone out due to past due rent is problematic at best. Typically I just advise my client to sell the place and move their money to some other state or put in some other investment. I doubt it will ever get more LL friendly around here. I’m too old to start arguing constitutional issues. :)

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:  <mailto:tjw at buddbaylaw.com> tjw at buddbaylaw.com

Skype: thomas.westbrook

 <http://www.buddbaylaw.com/> 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 our receptionist at reception at buddbaylaw.com, and destroy the original message from your electronic files.

COVID POLICY:

Our firm continues to follow guidance from the CDC and Governor Inslee’s office regarding social distancing and the wearing of face coverings, and we encourage the public and our clients to do the same.  Our staff is still working remotely much of the time so electronic communication by phone and email continues to be encouraged.  We appreciate your patience and understanding.

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 <https://www.courts.wa.gov/newsinfo/?fa=newsinfo.pressdetail&newsid=46118> &newsid=46118

The  <https://ocla.wa.gov/wp-content/uploads/2021/07/Implementation-Plan-Right-to-Counsel-for-Indigent-Tenants-7-15-21-Final.pdf> Implementation Plan 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 <http://rowleylegal.com>   e: rob at rowleylegal.com <mailto:rob at rowleylegal.com> 

 Practice concentrated on business, real estate and general legal matters in Washington and Idaho. NOTICE: The contents of this message and any attachments may be protected by the attorney-client privilege, work product doctrine or other applicable protections. If you are not the intended recipient or have received this message in error, please notify the sender and promptly delete the message. Thank you for your assistance. DISCLAIMER: You should recognize that responses provided by e-mail means are akin to ordinary telephone or face-to-face conversations and do not reflect the level of factual or legal inquiry or analysis which would be applied in the case of a formal legal opinion. A formal opinion may very well reach a different conclusion.

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

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:  <mailto:tjw at buddbaylaw.com> tjw at buddbaylaw.com

Skype: thomas.westbrook

 <http://www.buddbaylaw.com/> 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 <mailto:reception at buddbaylaw.com> , and destroy the original message from your electronic files.

COVID-19 UPDATE:

* Rodgers Kee Card & Strophy will no longer maintain “open” hours at the physical office.  

* 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.   

* 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.  

* Please provide necessary documents to us by scan and email, where possible, or by mail if not. 

* 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 <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 

2212 Queen Anne Ave. N, #659

Seattle, Washington, 98109

206-627-0528

max at glassonlegal.com <mailto:max at glassonlegal.com> 

www.glassonlegal.com <http://www.glassonlegal.com/>  

WA# 51948  NV# 13339  CA# 292356

THE INFORMATION CONTAINED IN THIS TRANSMISSION IS CONFIDENTIAL AND MAY BE ATTORNEY-CLIENT PRIVILEGED. THE INFORMATION IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL TO WHOM OR THE ENTITY TO WHICH IT IS ADDRESSED. IF YOU ARE NOT THE INTENDED RECIPIENT, OR THE EMPLOYEE OR AGENT RESPONSIBLE FOR DELIVERING IT TO THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY USE, DISSEMINATION, DISTRIBUTION OR COPYING OF THIS COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS IN ERROR, PLEASE IMMEDIATELY NOTIFY US AND DELETE THE ORIGINAL MESSAGE.

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:  <mailto:tjw at buddbaylaw.com> tjw at buddbaylaw.com

Skype: thomas.westbrook

 <http://www.buddbaylaw.com/> 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  <mailto:reception at buddbaylaw.com> reception at buddbaylaw.com, and destroy the original message from your electronic files.

COVID-19 UPDATE:

* Rodgers Kee Card & Strophy will no longer maintain “open” hours at the physical office.  

* 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.   

* 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.  

* Please provide necessary documents to us by scan and email, where possible, or by mail if not. 

* 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.

***Disclaimer: Please note that RPPT listserv participation is not restricted to practicing attorneys and may include non-practicing attorneys, law students, professionals working in related fields, and others.***

_______________________________________________
WSBARP mailing list
WSBARP at lists.wsbarppt.com <mailto:WSBARP at lists.wsbarppt.com> 
http://mailman.fsr.com/mailman/listinfo/wsbarp

-- 

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| <mailto:kaitlyn at dimensionlaw.com|>  www.dimensionlaw.com <http://www.dimensionlaw.com/> 

Covid-19 Update - Dimension Law Group remains available to serve our clients and the public during this time, subject to the orders and recommendations of government authority. 

All attorneys and staff are working remotely regular business hours and are available via email and by phone. Videoconferencing also is available. We will continue to advise and support our clients throughout this health emergency.

PRIVILEGED AND CONFIDENTIAL:  This e-mail (including any attachments) is intended only for the use of the individual or entity named above and may contain privileged or confidential information. If you are not the intended recipient, or the employee or agent responsible to deliver it to the intended recipient, you are notified that any review, dissemination, distribution or copying of this e-mail is prohibited. Attempts to intercept this message are in violation of 18 USC 2511(1) of the Electronic Communications Privacy Act, which subjects the interceptor to fines, imprisonment and/or civil damages. If you have received this e-mail in error, please immediately notify us by e-mail, facsimile, or telephone; return the e-mail to us at the e-mail address below; and destroy all paper and electronic copies. Any settlement offer contained herein is made pursuant to Washington ER 408, and without admitting fault or liability on 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 cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code; or (ii) promoting, marketing or recommending to another party any transaction or tax-related matter addressed herein. 

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20210924/b75f1ab1/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image001.jpg
Type: image/jpeg
Size: 15390 bytes
Desc: not available
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20210924/b75f1ab1/image001.jpg>