Ordinance 4226ORDINANCE NO.4226
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, IMPOSING A PREREQUISITE ON
RESIDENTIAL TENANT EVICTIONS AND DECLARING AN
EMERGENCY.
WHEREAS, on January 30, 2020, the World Health Organization (WHO) declared that
COVID-19 constituted a public health emergency of international concern, WHO's highest level
of alarm; and
WHEREAS, on February 29, 2020, Washington Governor Jay Inslee issued proclamation
20-05, proclaiming a state of emergency for all counties throughout the state of Washington in
response to new cases of COVID-19, and directing state agencies to use all resources necessary to
prepare for and respond to the outbreak.
WHEREAS, On March 5, 2020, Mayor Mike Nelson proclaimed a civil emergency in
response to new cases of COVID-19; and
WHEREAS, on March 23, 2020, Washington Governor Jay Inslee issued Proclamation 20-
25, a "Stay Home — Stay Healthy" order closing all non -essential workplaces, requiring people to
stay home except to participate in essential activities or to provide essential business services, and
banning all gatherings for social, spiritual, and recreational purposes and this order was extended
multiple times; and
WHEREAS, the COVID-19 crisis has had, and will continue to have, a significant impact
on the local economy impacting the retail, restaurant and other industries resulting in economic
hardship for small business owners due to loss of business income, layoffs and reduced work hours
for a significant percentage of this workforce; and
WHEREAS, layoffs and substantially reduced work hours will lead to widespread
economic hardship that will disproportionately impact low- and moderate- income workers
resulting in lost wages and the inability to pay for basic household expenses, including rent; and
WHEREAS, evictions result in a loss of housing and create housing instability, potentially
increasing the number of people experiencing homelessness; and
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WHEREAS, to contribute to housing stability, the Council unanimously passed emergency
ordinance 4179 establishing a temporary moratorium on residential evictions; and
WHEREAS, before emergency ordinance 4179 expired, Washington State Governor Jay
Inslee issued a moratorium on residential evictions that ultimately is set to expire on June 30, 2021;
and
WHEREAS, the Washington State Department of Employment Security continues to
report initial claims for unemployment in Snohomish County that far exceed pre -pandemic levels;
and
WHEREAS, human services providers have funds available for rental assistance, such as
through Snohomish County's program delivered with Consolidated Appropriations Act funding,
but may require more time to deliver support to residents; and
WHEREAS, the City of Edmonds previously prioritized rental assistance and housing
stability in using Coronavirus Aid, Relief and Economic Security Act (CARES) funding for
eligible Edmonds residents and may utilize American Rescue Plan Act (ARPA) funds for a similar
purpose at a future date; and
WHEREAS, rental assistance requests to the City of Edmonds Human Services
Department continue to be the most sought after form of support; and
WHEREAS, over the last 90 days (March 17-June 15) Washington 2-1-1 reported that
"Housing and Shelter" account for the single largest number of assistance requests in City of
Edmonds area codes 98020 and 98026, with 72% of "Housing and Shelter" requests being for
rental assistance; and
WHEREAS, delivering rental and housing assistance benefits both landlords and tenants
alike; and
WHEREAS, Art. XI, Sec. 11 of the Washington State Constitution grants cities like the
City of Edmonds broad police powers to "make and enforce within its limits all such local police,
sanitary and other regulations as are not in conflict with general laws"; and
WHEREAS, the Washington State Legislature has declared a state policy to help residents
who are experiencing a temporary crisis in retaining stable housing to avoid eviction from their
homes, as expressed in Laws of 2019 c 356 section 1; and
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WHEREAS, the federal government has recently passed the American Rescue Plan Act
(ARPA); and
WHEREAS, the Seattle Times reports that Snohomish County will be receiving $159.5
million under the ARPA; and
WHEREAS, it is believed that some of the state or county ARPA funds will be made
available to help cure tenant rent payment deficiencies; and
WHEREAS, it is possible that other agencies may be able to distribute other funds that
would help cure tenant rent payment deficiencies; and
WHEREAS, the city council would like to prevent distressed tenants from losing their
homes where there is an alternate source of funding that could cure the tenant's rental deficiency;
and
WHEREAS, the procedure requirement set forth in this Ordinance is intended to give the
City an opportunity to assist landlords and tenants in the curing of rental deficiencies, where they
can be cured with funds made available for that purpose before a tenant is evicted; and
WHEREAS, the procedural requirement set forth in this Ordinance is also intended to give
the City an opportunity to connect tenants on the verge of eviction with information and services
that may be helpful to them prior to their eviction; and
and
WHEREAS, this Ordinance is not intended to guarantee that landlords will be made whole;
WHEREAS, this Ordinance is not intended to guarantee that tenants will be able to remain
in their homes if it turns out that funds are not available to cure tenants' rental deficiencies; and
WHEREAS, this Ordinance does not impose a moratorium on evictions, it only imposes a
procedural requirement that must be met before filing an eviction action; and
WHEREAS, a temporary prerequisite on residential evictions during the COVID-19
outbreak is expected to protect the public health, safety, and welfare by reducing the number of
individuals and families entering into homelessness during this pandemic, which means lowering
the number of people who may develop the disease or spread the disease; and
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WHEREAS, the COVID-19 emergency and its resulting economic hardship requires the
adoption of an ordinance that is specifically aimed at a reducing residential evictions, where
possible, during the emergency in order to keep people housed and protect the public safety, health
and welfare as set forth in this Emergency Ordinance; therefore, NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN
AS FOLLOWS:
Section 1. Prerequisite on residential tenant evictions.
A. Effective immediately, a residential landlord shall not initiate an unlawful
detainer action, issue a notice of termination, or otherwise act on any termination notice,
including any action or notice related to a rental agreement that has expired or will expire
during the effective date of this Ordinance, unless the unlawful detainer action or action on
a termination notice is due to actions by the tenant constituting an imminent threat to the
health or safety of neighbors, the landlord, or the tenant's or landlord's household
members, or unless the landlord has filed a written attestation with the Human Services
Division of the City's Department of Parks, Recreation, and Cultural Services, on a form
provided by that department, that the landlord has reviewed and considered the alternative
funding sources available and determined that they would not sufficiently cure the tenant's
non-payment of rent. The written attestation shall include the name, address for the tenant
and all phone or email contact information that the landlord has for the tenant.
B. It shall be a defense to any eviction action that the eviction of the tenant will
occur during the effective date of this Ordinance, unless the eviction action is due to actions
by the tenant constituting an imminent threat to the health or safety of neighbors, the
landlord, or the tenant's or landlord's household members, or unless the landlord has filed
the written attestation referenced in subsection A, above.
Section 2. Severability. If any section, subsection, clause, sentence, or phrase of this
ordinance should be held invalid or unconstitutional, such decision shall not affect the validity of
the remaining portions of this ordinance.
Section 3. Declaration of Emergency. The City Council hereby declares that an emergency
exists necessitating that this Ordinance take effect immediately upon passage by a unanimous vote
of the Council (RCW 35A.11.090), and that the same is not subject to a referendum. The region
is in the midst of a state of emergency due to the COVID-19 pandemic, which has also become an
economic emergency for many low- and moderate -income tenants.
Section 4. Publication. This Ordinance shall be published by an approved summary
consisting of the title.
Section 5. Effective Date. This Ordinance shall take effect and be in full force and effect
immediately upon passage, as set forth herein, as long as it is unanimously approved by the
Council, as required by RCW 35A.11.090. If it is only approved by a majority of the Council, it
will take effect thirty days after adoption.
Section 6. Sunset Clause. The provisions of this Ordinance shall be null, void, and of no
force and effect after September 30, 2021,
APPROVED:
MA/YOR MIKE NELSON
ATTEST/AUTHENTICATED:
5;
C LERK, SCOTT SSEY
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
BY
JEFF TARADA
FILED WITH THE CITY CLERK: June 22, 2021
PASSED BY THE CITY COUNCIL: June 22, 2021
PUBLISHED: June 25, 2021
EFFECTIVE DATE: June 22, 2021
ORDINANCE NO. 4266
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SUMMARY OF ORDINANCE NO.4266
of the City of Edmonds, Washington
On the 22na day of June, 2021, the City Council of the City of Edmonds, passed Ordinance
No. 4226. A summary of the content of said ordinance, consisting of the title, provides as
follows:
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, IMPOSING A PREREQUISITE ON
RESIDENTIAL TENANT EVICTIONS AND
DECLARING AN EMERGENCY.
The full text of this Ordinance will be mailed upon request.
DATED this 22na day of June, 2021.
5 :
C1TtjQeERK, SCOTT P SEY
Co
Everett Daily Herald
Affidavit of Publication
State of Washington }
-County of Snohomish } ss
Maggie Boyd being first duly sworn, upon oath
deposes and says: that he/she is the legal
representative of the Everett Daily Herald a
daily newspaper. The said newspaper is a legal
newspaper by order of the superior court in the
county in which it is published and is now and
has been for more than six months prior to the
date of the first publication of the Notice
hereinafter referred to, published in the English
language continually as a daily newspaper in
Snohomish County, Washington and is and
always has been printed in whole or part in the
Everett Daily Herald and is of general
circulation in said County, and is a legal
newspaper, in accordance with the Chapter 99
V the Laws of 1921, as amended by Chapter
213, Laws of 1941, and approved as a legal
newspaper by order of the Superior Court of
Snohomish County, State of Washington, by
order dated June 16, 1941, and that the annexed
is a true copy of EDH930985 ORDINANCE 4226
as it was published in the regular and entire
issue of said paper and not as a supplement
form thereof for a period of 1 issue(s), such
publication commencing on 06/25/2021 and
ending on 06/25/2021 and that said newspaper
was regularly distributed to its subscribers
during all of said period.
The amount of C fee for such publication is
Subscribed and sworn, efore me on this
day of
4NOLPublic in and for the State of
Washington,
Ca, ,r1%dm .,d,- I. li(W. ADS 11410I416
sc,rrr rAssr:v
Linda Phillips
Notary Public
E
ae of Washingtonxttrnertt Expires 0912s1Z021
A�!
Classified Proof
SUMMARY OF ORDINANCE NO. 4226
of City of Edmonds, Washiroon
On the 22nd day df June. 2021, the CLly Council of the 04 of
Edmonds. passed Win= No. 4226. A summary of ft content
dlsaid Oldham e, consi917Of the bill, pfovide$ as lallews:
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON. IMPOSING A MORATORIUM ON
RESIDENTIAL TENANT EVICTIONS AND DECLARING AN
EMERGENCY.
The full text of this Ordinance Will be mailed upon request.
DATED this 22nd day of June. 2021,
CITY CLERK, SCOTT PASSEY
Published: June 25, 2021. EDH930985
Proofed by Boyd, Maggie, 06/25/2021 08:49:18 am Page: 2