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HomeMy WebLinkAboutRes 2036 - Recognize Statewide Protections for Residential Tenants Impacted by COVID-19 PandemicCitv of Tukwila Washington Resolution No. 20 3 6 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:\ Leg islative Development\Residential Eviction Moratorium—New Statewide Protections 11-16-21 KS:bjs Review and analysis by Barbara Saxton Page 1 of 2 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 61i- day of Tc e-rn. , 2021. ATTEST/AUTHENTICATED: I v9,1 , lon.,,,coto ekte)citry C,C,11..a/te,te.":9- Christy O'Flaherty, MMC, City Clerk APPROVED AS TO FORM BY: fice ohe City Attorney ouncil Presiden Filed with the City Clerk: 11 -3 0 - 2 1 Passed by the City Council: (2 - 6 —2. Resolution Number: 2C 3 6 CC:\Leg is lative Development \ Res idential Eviction Moratorium—New Statewide Protections 11-16-21 KS:bjs Review and analysis by Barbara Saxton Page 2 of 2