[WSBARP] Is a Landlord Required to Accept Rental Assistance

Kaitlyn Jackson kaitlyn at dimensionlaw.com
Fri Jan 13 01:46:25 PST 2023


Just wait and see what the legislative session of 2023 has in store for
you, Jeff. You'll need something stronger than Advil.

Kaitlyn

*Sent with Right Inbox <https://www.rightinbox.com/?utm_source=signature>*


On Wed, Jan 11, 2023 at 9:25 AM <Jeff at bellanddavispllc.com> wrote:

> Thank you Kaitlyn.  What a god awful provision.  Clearly written to
> defraud landlords and make their lives miserable.  This section has so many
> mine fields its impossible to  advise landlord’s what to do, except, maybe,
> bend over and just take it.
>
>
>
> Do you read the latter part of that section to require Landlord’s to apply
> for rental assistance?  It seems a Court could require it, so given the
> bent to keep the tenancy, would the landlord be better off being proactive
> and seek it?  If they get rejected, up front, it may help the UDA.
>
>
>
> I am hating having to go back and explain this section to LL’s who are
> from other states like Texas, Ohio.  Those clients look at me like I am an
> idiot when I say you just can’t get them out although they haven’t paid
> rent, utilities, etc, for over a year and now, at the 12th hour you have
> to accept the government assistance and allow them to stay.
>
>
>
> Where’s the extra strength Advil!
>
>
>
> Jeff
>
>
>
>
>
>
>
> *W. Jeff Davis*
>
> *BELL & DAVIS PLLC*
>
> *Attorneys at Law*
> P.O. Box 510
>
> 720 E. Washington Street, Suite 105
> Sequim WA 98382
> Phone: (360) 683.1129
> Fax: (360) 683.1258
> email: jeff at bellanddavispllc.com
> www.bellanddavispllc.com
>
> The information contained in this e-mail message may be privileged,
> confidential, and protected from disclosure. If you are not the intended
> recipient, any dissemination, distribution, or copying is strictly
> prohibited. If you think that you have received this e-mail message in
> error, please e-mail the sender at info at bellanddavispllc.com  or call
> 360.683.1129.
>
>
>
>
>
> *From:* wsbarp-bounces at lists.wsbarppt.com <
> wsbarp-bounces at lists.wsbarppt.com> *On Behalf Of *Kaitlyn Jackson
> *Sent:* Tuesday, January 10, 2023 11:37 PM
> *To:* WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
> *Subject:* Re: [WSBARP] Is a Landlord Required to Accept Rental Assistance
>
>
>
> You should thoroughly review RCW 59.18.410.
>
>
>
> There is state-wide mandatory reinstatement if the tenant (through
> themselves or any agency) can pay the past due rent in full. A Landlord
> cannot object based on source of income.
>
>
>
> However, the Landlord does not need to accept the "strings attached" to
> that income that reduces their rights moving forward.
>
>
>
> But the short answer is that a Landlord no longer has the ability to move
> forward even after a judgment has been rendered if there's a pledge from an
> agency to pay the full amount of outstanding rent.
>
> *Sent with Right Inbox <https://www.rightinbox.com/?utm_source=signature>*
>
>
>
>
>
> On Tue, Jan 10, 2023 at 10:43 AM Paul Neumiller <pneumiller at hotmail.com>
> wrote:
>
>
>
> I don’t know the answer if a LL HAS to accept the money, BUT, on a
> practical basis, I would not want to stand in front of a judge and try to
> evict a T when there is free rent money on the table.  So, if there are no
> other grounds or reasons to evict, I can see where the LL would take the
> money (that should be a lot of rent to build up a litigation war chest) and
> then evict when the T fails to pay on the fourth month in the future.
>
>
>
> Be careful if they ask the LL to sign anything.  In Island County, the
> Opportunity Council will pay forward only 3 months but require the LL to
> sign an agreement saying the LL will not evict for *6 months* (in small
> print on the back of the form).  I have pointed this out to the Opportunity
> Council and they quite admit that the LL could be left hanging for 3 months
> of nonpayment of rent prior to being able to evict if the LL signs the
> agreement in order to get the money.
>
>
>
>
>
>
>
> *From:* wsbarp-bounces at lists.wsbarppt.com <
> wsbarp-bounces at lists.wsbarppt.com> *On Behalf Of *
> Jeff at bellanddavispllc.com
> *Sent:* Tuesday, January 10, 2023 9:57 AM
> *To:* 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com>
> *Subject:* [WSBARP] Is a Landlord Required to Accept Rental Assistance
>
>
>
> Listmates:
>
>
>
> Tenant defaulted in rent payment for over a year, and caused other
> problems.  All the required notices and a reasonable repayment plan
> offered.  No response to any of the notices and the dispute resolution
> certificate issued.  Just as the UDA is to be filed, a rental assistant
> program offers to pay the back due rent and 3 months forward.  Must the LL
> accept that offer.  I saw nothing in RCW 59.18.630 or 660 saying the LL
> shall accept the offer, at this late date.  However I wonder how RCW
> 59.18.255 plays into this as it talks about cannot refuse to lease based on
> source of income, which includes housing assistance.  Any one have
> experience with this?
>
>
>
> Jeff Davis
>
> *W. Jeff Davis*
>
> *BELL & DAVIS PLLC*
>
> *Attorneys at Law*
> P.O. Box 510
>
> 720 E. Washington Street, Suite 105
> Sequim WA 98382
> Phone: (360) 683.1129
> Fax: (360) 683.1258
> email: jeff at bellanddavispllc.com
> www.bellanddavispllc.com
> <https://na01.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.bellanddavispllc.com%2F&data=05%7C01%7C%7C770f8fe780ba48c5122b08daf334b642%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C638089704992575877%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=JyYleDfV2Kyc%2Bj5qobMZZ5USgP1RyjCgGwc6bCbgqD8%3D&reserved=0>
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> --
>
> Thank you,
>
>
>
> Kaitlyn R. Jackson, Senior Associate Attorney
>
> Dimension Law Group, PLLC
>
> *Office:*  206-973-3500│*Fax:*  206-577-5090
>
> *Email:* kaitlyn at dimensionlaw.com
>
> *www.dimensionlaw.com <http://www.dimensionlaw.com/>*
>
> 631 Strander Blvd, Suite G, Tukwila, WA 98188
>
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-- 

Thank you,


Kaitlyn R. Jackson, Senior Associate Attorney

Dimension Law Group, PLLC

*Office:*  206-973-3500│*Fax:*  206-577-5090

*Email:* kaitlyn at dimensionlaw.com

*www.dimensionlaw.com <http://www.dimensionlaw.com/>*

631 Strander Blvd, Suite G, Tukwila, WA 98188



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and electronic copies. Any settlement offer contained herein is made 
pursuant to Washington ER 408, and without admitting fault or liability on 
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