Loading...
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 1 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 2 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 3 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 5 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