The URL can be used to link to this page

Home My WebLink AboutReg 2021-12-06 Item 6C - Resolution - Recognize Statewide Protections for Residential Tenants Impacted by COVID-19 PandemicCOUNCIL AGENDA SYNOPSIS kJi'\4, Initials ITEM No. �l• Meeting Date Prepared by Mayor's review Council review �C/r 12/6/21 RB 714 1908 ITEM INFORMATION STAFF SPONSOR: RACHEL BIANCHI ORIGINAL AGENDA DATE: 12/6/21 AGENDA ITEM TITLE A Resolution recognizing new statewide protections for residential tenants impacted by the COVID-19 pandemic CATEGORY ❑ Discussion Mtg Date ❑ Motion Mtg Date 11 Resolution Mtg Date 12/6/21 ❑ Ordinance Mtg Date ❑ Bid Award Mtg Date ❑ Public Hearing Mtg Date ❑ Other Mtg Date SPONSOR ❑ Council ❑ Mayor ►1 Admin Svcs ❑ DCD ❑ Finance ❑ Fire ❑ P&R ❑ Police ❑ PW SPONSOR'S The Council is being asked to approve the resolution recognizing new statewide SUMMARY protections for tenants, eliminating the need for the City's eviction moratorium established by Resolution No. 1983 REVIEWED BY ❑ Trans&Infrastructure Svcs ❑ Community Svcs/Safety ❑ Finance & Governance ❑ Planning & Community Dev. ❑ LTAC ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: COMMITTEE CHAIR: RECOMMENDATIONS: SPONSOR/ADMIN. Administrative Services COMMITTEE COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 12/6/21 MTG. DATE ATTACHMENTS 12/6/21 Informational Memorandum Resolution 135 136 City of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM TO: Tukwila City Councilmembers FROM: Kari L. Sand, City Attorney CC: Mayor Ekberg DATE: December 6, 2021 SUBJECT: Resolution Recognizing New, Statewide Protections for Residential Tenants Impacted by the COVID-19 Pandemic and Repealing Resolution No. 1983 ISSUE Earlier this year, the Washington State Legislature passed two bills that created new protections for residential tenants affected by the COVID-19 pandemic. The City's Human Services team is helping eligible Tukwila renters and landlords who have experienced a loss of income, unemployment, or illness due to COVID-19 through its Rent/Utility Assistance Program, in addition to King County's Eviction Prevention and Rental Assistance Program (EPRAP). Collectively, these new protections and programs are helping pandemic -impacted community members, and the City's temporary moratorium on certain residential evictions related to the pandemic, established by Resolution No. 1983, is now recommended for repeal. BACKGROUND On March 18, 2020, in response to the COVID-19 pandemic, Washington State Governor Jay Inslee issued Proclamation 20-19 that imposed a moratorium on residential evictions. Several days later, on March 23, 2020, the City of Tukwila City Council adopted Resolution No. 1983, which placed a temporary moratorium on certain residential evictions and prohibited imposition of fees for late residential rent. Since the adoption of Resolution No. 1983, the State Legislature passed two bills — specifically E2SSB 5160 and EHSB 1236 — that provide residential tenants with new protections. ESHB 1236 prohibits landlords from evicting tenants, refusing to continue a tenancy, or ending a periodic tenancy on certain residential leases without cause. And, E2SSB 5160 establishes new protections for residential tenants specifically affected by the pandemic, such as: requiring landlords to offer payment plans to tenants that are behind in rent due; prohibiting imposition of late fees or adverse reports for past -due rent; requiring landlords to provide notice of the Eviction Resolution Pilot Program to tenants facing eviction; authorizing courts to appoint attorneys for indigent tenants in eviction proceedings; and establishing a landlord mitigation program for any unpaid rent that accrued during the pandemic. Since the adoption of E2SSB 5160 and EHSB 1236, Governor Inslee's statewide eviction moratorium has expired. DISCUSSION The COVID-19 pandemic deeply impacted many of the City's residents. Due to various business closures, many residents lost their jobs or saw their income dramatically reduce, which put them at risk of homelessness. Since imposition of the temporary moratorium established by Resolution No. 1983, the region's economy has begun to recover, unemployment rates have fallen, the State Legislature has created new protections for those who struggled to pay rent during the pandemic, and King County and the City have implemented programs to assist {ADT2516856.DOC;1/13175.000001/ 1 137 INFORMATIONAL MEMO Page 2 eligible renters and landlords negatively impacted by the pandemic. Based on these new protections and programs, it is recommended that Resolution No. 1983 be repealed. FINANCIAL IMPACT N/A RECOMMENDATION The Council is being asked to review and adopt the proposed Resolution at the December 6, 2021 Regular Meeting. ATTACHMENT Draft Resolution {ADT2516856.DOC;1/13175.000001/ }C:\Users\andy-y\AppDatalLocal\Microsoft\Windows\INetCache\Content.0utlook\R1 NYNLZP\2516856.DOC 138 City of Tukwila Washington Resolution No. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, RECOGNIZING NEW STATEWIDE PROTECTIONS FOR RESIDENTIAL TENANTS IMPACTED BY THE COVID-19 PANDEMIC; AND REPEALING AND REPLACING RESOLUTION NO. 1983. WHEREAS, on February 29, 2020, Washington Governor Inslee issued Proclamation 20-05, declaring a state of emergency in response to new cases of COVID-19, directing agencies to use all resources necessary to prepare for and respond to the outbreak; and WHEREAS, the impacts of the public health crisis on the economy, employment, job retention, child care, and businesses resulted in absenteeism, reduced hours, furlough, and unemployment; and WHEREAS, layoffs and reduced work hours led to widespread economic hardship that disproportionately impacts low- and moderate -income workers resulting in an inability to pay household expenses, including rent, thereby increasing the possibility of homelessness in the event of eviction just as our community appears to be emerging from the worst effects of the COVID-19 pandemic; and WHEREAS, recognizing this financial hardship that exacerbated existing social and economic disparities, the City Council directed additional funds toward rent and utility assistance; and WHEREAS, both Governor Inslee and the Tukwila City Council issued moratoriums on residential evictions due to financial hardship caused by the COVID-19 pandemic; and WHEREAS, the Governor's eviction moratorium established by Proclamation 20-19.6, issued March 18, 2021 ("Evictions and Related Housing Practices"), expired on June 30, 2021; however, the City Council's residential eviction moratorium established by Resolution No. 1983, passed on March 23, 2020 (Moratorium on Certain Residential Evictions During Civil Emergency Period Related to Coronavirus (COVID-19)), remains in place; and WHEREAS, prior to expiration of the Governor's eviction moratorium, the Washington State Legislature passed new legislation, specifically ESHB 1236, effective April 22, 2021, and E2SSB 5160, effective May 10, 2021, that established new, robust tenant protections and access to legal services; and WHEREAS, ESHB 1236 requires landlords to have statutorily defined cause prior to evicting tenants, refusing to continue a tenancy, or ending a periodic tenancy on certain CC:\Legislative Development\Residential Eviction Moratorium—New StatewideProtections 11-16-21 KS:bjs Review and analysis by Barbara Saxton Page 1 of 2 139 residential leases; and WHEREAS, E2SSB 5160 establishes new protections for residential tenants affected by the pandemic, such as requiring landlords to offer payment plans to tenants that are behind in rent due, prohibiting imposition of late fees or adverse reports for past -due rent, requiring landlords to provide notice of the Eviction Resolution Pilot Program to tenants facing eviction, authorizing courts to appoint attorneys for indigent tenants in eviction proceedings, and establishing a landlord mitigation program that allowed landlords to file for reimbursement claims up to $15,000 for any unpaid rent that accrued during the pandemic; and WHEREAS, after expiration of the Governor's eviction moratorium on June 30, 2021, the Governor issued Proclamation 21-09.2, which bridged the operational gap between the eviction moratorium enacted by prior proclamations and the protections and programs afforded by ESHB 1236 and E2SSB 5160 until October 31, 2021; and WHEREAS, the Tukwila City Council applauds the Governor's proclamations and recent legislation passed by the Washington State Legislature to provide more protections and access to legal services for tenants, thereby eliminating the need for the City's eviction moratorium established by Resolution No. 1983; and WHEREAS, the City's Human Services team is available to help eligible Tukwila renters and landlords who have experienced a loss of income, unemployment, or illness due to COVID-19 through its Rent/Utility Assistance Program; and, in addition, the City's Human Services team can also help connect households experiencing financial hardship due to COVID-19 to King County's Eviction Prevention and Rental Assistance Program (EPRAP), as well as other programs available to pandemic -impacted Tukwila residents; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. Repealer. This resolution replaces Resolution No. 1983, and Resolution No. 1983 is hereby repealed. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2021. ATTEST/AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk Kate Kruller, Council President APPROVED AS TO FORM BY: Filed with the City Clerk: Passed by the City Council: Resolution Number: Office of the City Attorney CC:\Legislative Development \Residential Eviction Moratorium—New Statewi de Pro tections 11-16-21 KS:bjs Review and analysis by Barbara Saxton 140 Page 2 of 2