NOTE TO READER: PLEASE SCROLL DOWN FOR UPDATES TO THIS BLOG:
January 20, 2015
The proposed “Just Cause” ordinance means that if a City of Spokane residential landlord enters into a lease with a residential tenant for any term (annual or monthly) then the tenant does not have to move out at the end of the term unless there is ‘just cause.’ Typically after a lease expires, the tenant is presumed to be on a month-to-month tenancy (RCW 59.18.200), but the terms of the original lease apply, and the 20-day termination provision would terminate the month-to-month tenancy.
The proposed ‘Just Cause’ ordinance would allow a City of Spokane residential landlord to terminate a tenancy for tenant’s noncompliance with a lease, or failure to pay rent. The proposed model ordinance (see below) for the City of Spokane would include the following eleven ‘just causes’ for terminating a tenancy:
- The tenant fails to comply with a three day notice to pay rent or vacate; a ten day notice to comply or vacate, or a three day notice to vacate for waste, nuisance, drug activity, or unlawful business.
- The tenant habitually fails to pay rent when due which causes the owner to notify the tenant in writing of late rent five or more times in a 24 month period.
- The tenant fails to comply with a ten day notice to comply or vacate that requires compliance with a material term of a rental agreement or requires compliance with the landlord-tenant act.
- The tenant habitually fails to comply with the material terms of the rental agreement which causes the owner to serve a ten day notice to comply or vacate four or more times in a 12 month period.
- The owner seeks possession and gives the tenant 90 days written notice to vacate so that the owner or a member of their immediate family may occupy the unit.
- The tenant’s occupancy is conditioned on employment on the property and the employment relationship is terminated.
- The owner seeks to do substantial rehabilitation in the building that requires at least one permit from the City.
- The owner elects to demolish the building or convert it to a cooperative, or a condominium that requires a permit from the City.
- The owner seeks to reduce the number of individuals residing in a dwelling unit to comply with the maximum limit of individuals allowed to occupy one dwelling unit.
- An emergency order requiring that the housing unit be vacated and closed has been issued and the emergency conditions identified in the order have not been corrected.
- The owner seeks to discontinue sharing with a tenant of the owner’s own housing unit, and gives 90-days’ notice to each affected tenant.
Just cause eviction protections can be enforced either as a legal defense the tenant can raise in court, or by having a city agency enforce the law.
This proposed City of Spokane ordinance limits the remedies for the “difficult” tenant, i.e., the one who creates significant conflict with his or her fellow tenants in an apartment complex (or the adjoining neighbors in a house) but where the residential landlord doesn’t have enough evidence to evict. Similar to what we deal with in public housing on a number of occasions. The landlord loses the remedy of choosing not to renew an expiring lease or if on a month to month lease, terminating the lease with a 20-day notice.
A chief objection on the part of the tenant lobby is that residential landlords use month-to-month tenancies to discriminate against tenants and to silence tenants who are exercising their otherwise lawful rights under state law. The problem with that argument is that the Residential Landlord-Tenant Act is heavily tilted in favor of residential tenants. There are numerous governmental entities (HUD and Washington State Human Rights Commission) and non-profit Fair Housing organizations (Northwest Fair Housing Alliance, Northwest Justice Project) who tirelessly advocate on the behalf of tenants if the tenants are the subjects of unlawful discrimination. For example, on any given Monday through Thursday, at 9 AM, on the Spokane Superior Court eviction docket there is a volunteer attorney (Spokane County Bar Association Housing Justice Project) who solely represents the tenants. You can think of it like a public defender for tenants. The landlord doesn’t get that right. If there were any hints of unlawful discrimination then there would be a raft of lawsuits arising out of these daily eviction hearings. Rather, the contrary occurs: almost zero discrimination claims.
Also, from a practical viewpoint the burden now shifts to the landlord to evict the tenant. Think of this distinction between an employee that is hired as an ‘at will employee’ as opposed to a governmental employee hired pursuant to a collective bargaining agreement. Unlike the ‘at will employee’ that you can terminate at any time with the new proposed ordinance, the burden now shifts and the landlord now has to build a very thick file and then prove every single allegation in front of a Superior Court judge where the State Law (RCW 59.18) favors the tenant.
This proposed ordinance removes one of the property owner’s bundle of sticks for which they are generally entitled to by owning property. If a tenant wants to sign up for a month to month tenancy, that is the tenant’s choice. It cuts both ways, especially a good tenant. Think of a situation where an proposed tenant is building a new house (or assigned temporarily to Spokane for work purposes) and needs a month to month tenancy. No City of Spokane residential landlord would be willing to provide this tenant with a month to month tenancy even recognizing that the individual may be a stable and good tenant.
When is the City of Spokane Council going to figure it out that landlords don’t terminate leases of good tenants and even if they did, if the landlord and tenant have contractually agreed that either party may do so with 20-day notice. Why must the City of Spokane interfere with such an agreement?
UPDATE NO. 2 (January 27, 2017) – from Honorable Amber Waldref
| From: “Waldref, Amber” <[email protected]> Date: January 27, 2015 at 2:55:26 PM PST To: Maya Murphy Personal <[email protected]> Subject: RE: “Just cause” ordinance Hi Maya Thank you for sending this. I did find out that meetings have taken place with individual council members. However, Council is not considering an ordinance such as you describe at this time. Hope this helps. Sincerely, Amber Waldref City Council District One ADVISORY: Please be advised the City of Spokane is required to comply with the Public Records Act Chapter 42.56 RCW. This act establishes a strong state mandate in favor of disclosure of public records. As such, the information you submit to the City via email, including personal information, may ultimately be subject to disclosure as a public record. From: Maya Murphy Personal [mailto:[email protected]] Sent: Saturday, January 24, 2015 11:47 AM Ms. Amber Waldref, It has come to my attention that the city council is in the early stages of considering a ‘Just Cause’ ordinance meaning landlords, who own their property, are required to have “just cause” to move out tenants who are beyond the agreed term of residency. Being a military spouse and landlord, my concern is that this would impact the small landlords more than anyone, the hardworking Americans who have counted their pennies long enough to enter the dream of homeownership, and then end up having to move out of the area but aren’t able to sell their home or choose not to sell their home immediately. For example, military families are moved every few years in service to their country. For the family who wasn’t able to sell and has to rent the place out for a year, now they’re locked into an indefinite lease. How will they buy a new home to move into when they’re unable to control the timing of their previous home? Don’t they have a right, having been the ones to take on the responsibility of homeownership and putting in their hard earned money, to have at least an equal say in the fate of the property they own? Sincerely, |
UPDATE NO. 1 (January 20, 2015) – from the Honorable Jon Snyder and Amber Waldref
From: Snyder, Jon [mailto:[email protected]]
Sent: Tuesday, January 20, 2015 2:31 PM
To: XXXXXX
Subject: RE: Proposed Ordinance requiring “Just Cause” to terminate a tenancy.
Hi XXXXXX,
Thank for your email. The Council is not currently considering a “Just Cause” ordinance. A subcommittee of the Community Assembly has been considering such an ordinance but nothing has been presented to the Council. It would need a Council sponsor to be considered as the CA does not have the power to file an ordinance.
Best,
Jon
______________________________
Jon Snyder
Spokane City Council
District 2, Position 2
(509) 625-6255
Mr. Rowley,
I appreciate hearing from you on this issue. I have not yet seen any proposed ordinance related to just cause and Council has not been briefed. When and if an ordinance is proposed, I will consider your comments and make sure I have all the information on this topic before making a decision.
Sincerely,
Amber Waldref
City Council Member, District 1
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