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HomeMy WebLinkAboutOrdinance 41791 ORDINANCE NO. 4179 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, IMPOSING A MORATORIUM ON RESIDENTIAL TENANT EVICTIONS AND DECLARING AN EMERGENCY. WHEREAS, Mayor Mike Nelson proclaimed an emergency in the City of Edmonds due to the COVID-19 outbreak on March 5, 2020; and WHEREAS, the facts stated in that proclamation continue to exist, as well as the following additional facts; and WHEREAS, the World Health Organization (WHO) has declared that COVID-19 disease is a global pandemic, which is particularly severe in high risk populations such as people with underlying medical conditions and the elderly, and the WHO has raised the health emergency to the highest level requiring dramatic interventions to disrupt the spread of this disease; and WHEREAS, on March 16, 2020, the Governor of Washington state issued an order temporarily shutting down restaurants, bars, and other entertainment and food establishments, as well as prohibiting public gatherings of 50 or more people; and WHEREAS, national public health experts believe the lack of testing has masked the true spread of COVID-19 virus, and that as of March 24, 2020, the state of Washington had 2,469 confirmed cases and 123 deaths, which could double every six days; and WHEREAS, on March 13, 2020, the President of the United States declared a national emergency to allow the government to marshal additional resources to combat the virus; 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 2 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, in the last two weeks there has been a significant 50% drop in the number of tenants appearing in court for their eviction hearings in King County resulting in default judgments being entered and tenants losing substantial rights to assert defenses or access legal and economic assistance; and WHEREAS, the drop in court appearances in Snohomish County is likely similar to that seen in King County; and WHEREAS, evictions result in a loss of housing and create housing instability, potentially increasing the number of people experiencing homelessness and creating a heightened risk of disease transmission; and WHEREAS, jurisdictions across the nation are considering or have implemented eviction prevention to provide housing stability to dislocated workers during this unprecedented public health emergency; 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 WHEREAS, a temporary moratorium on residential evictions during the COVID-19 outbreak will protect the public health, safety, and welfare by reducing the number of individuals and families entering into homelessness during this epidemic, which means lowering the number of people who may develop the disease or spread the disease; and WHEREAS, the COVID-19 emergency requires the adoption of an ordinance that is specifically aimed at a moratorium on residential evictions 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, 3 THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Moratorium on residential tenant evictions. A. Effective immediately, a moratorium on residential evictions for non-payment is hereby ordered until the earlier of the termination of the emergency declared in the Proclamation of Emergency dated March 5, 2020 or 60 days from the effective date of this Emergency Ordinance; B. 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 Emergency Order, 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. Further, no late fees or other charges due to late payment of rent shall accrue during the moratorium; and C. It shall be a defense to any eviction action that the eviction of the tenant will occur during the moratorium, 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. For any pending eviction action, regardless if the tenant has appeared, a court may grant a continuance for a future court date in order for the matter to heard at a time after the moratorium is terminated; and D. Effective immediately, the Sheriff of Snohomish County is requested to cease execution of eviction orders during the moratorium. 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 majority vote plus one of the whole membership of the Council, and that the same is not subject to a referendum (RCW 35A.12.130). The region is in the midst of a state of emergency due to the COVID-19