Robert R. Rowley Law Firm
Article I, Section 8 of the U.S. Constitution explicitly grants Congress the power "To lay and collect Taxes, Duties, Imposts and Excises," which includes the authority to impose tariffs. This power is vested in the legislative branch, meaning that any tariffs imposed must originate from Congress.
10/20/2024
Hebrews 12:28-29 NLT
[28] Since we are receiving a Kingdom that is unshakable, let us be thankful and please God by worshiping him with holy fear and awe. [29] For our God is a devouring fire.
Hebrews 12:28-29 Since we are receiving a Kingdom that is unshakable, let us be thankful and please God by worshiping him with holy fear and awe. For our God is a devouring fire. | New Living Translation (NLT) | Download The Bible App Now Since we are receiving a Kingdom that is unshakable, let us be thankful and please God by worshiping him with holy fear and awe. For our God is a devouring fire.
06/25/2024
. For I was hungry and you gave me something to eat, I was thirsty and you gave me something to drink, I was a stranger and you invited me in. Matt 25:35
World Refugee Day World Refugee Day Make a Difference in the Lives of Refugees and Displaced People Give Now Give Monthly Today, the world is experiencing an unprecedented
Nothing more dangerous than Olympia in session. See below from Yakima landlord counsel summarizing the pending bills. Contact your WA legislators to oppose. "I’m not a lobbyist, but I thought I would share this information in hopes that it might reach others and raise some voices:
Senate Bill 5197:
This bill adds a new section that would make it a requirement for the court to permit any party, attorney, or witness to appear and participate remotely and to make emergency applications by phone or video conference and file documents by email, fax or other remote means.
This bill adds a new section that prohibits a default judgment from entering prior to a show cause hearing if the tenant has been served with an order to show cause.
This bill amends RCW 59.18.410 in a number of significant ways:
It extends the period of time to pay the judgment into the court registry from five days up to the point of ex*****on of the writ of restitution
It strikes the provision that allowed landlords to reject conditional pledges of emergency rental assistance: “By accepting such pledge of emergency rental assistance, the landlord is not required to enter into any additional condition not related to the provision of necessary payment information and documentation.” (that provision would be struck from the existing statute).
It removes the provision that prohibits relief to tenants under .410 if they have been served with three or more notices to pay/vacate within twelve months.
It removes the 30-day deadline for the Dept. of Commerce to disburse payment before the landlord can take action with a renewed application for a writ (in other words, the landlord is stuck in an indefinite administrative limbo waiting for some determination from Commerce as to whether it will or will not disburse payment)
It adds provisions to allow a tenant to seek a stay of a writ under 59.18 and “under grounds set forth under law or the civil rules”.
This bill amends RCW 59.18.057 (the 14-day Pay/Vacate Form statute) to remove the requirement that the 14-day Notice would have to be provided to the DRC even after expiration of the ERPP program. This is the only silver lining I could find in this bill.
House Bill 1124:
This bill adds a new section to limit the ability to increase rent beyond 5% of base rent. Landlords seeking to increase rent beyond 5% will have to give notice between 180-220 days before the increase takes effect. Notices will have inform tenants that they may terminate their rental agreement at any time before the effective date of the increase (20-day notice from tenant for month-to-month; 45-day notice for a tenancy of a specified period). The notice has to be served in accordance with 59.12.040. No fees or charges for service of the notice. Penalties for violation are actual damages, treble damages, and fees/costs.
This bill also amends 59.18.170(2) to add a provision that caps late fees charged to a tenant at $75.00.
This bill also amends 59.20.090 to impose the same notice requirements to disuade rent increases that are more than 5%.
House Bill 1074:
This bill significantly amends existing statutory sections pertaining to security deposits and the grounds and requirements for withholding security deposits for damage to premises that exceed wear resulting from ordinary use.
The stated intent of the bill is to “protect renters from the financial instability caused by improper and inflated damage charges that prevent tenants from receiving their deposit back, to ease the debt burden on renting families, and to reduce the disproportionate harm to low-income renters of color.”
The bill amends 59.18.030 (definition section) to define the phrase “wear resulting from ordinary use of the premises” to mean “(39) "Wear resulting from ordinary use of the premises" means, “deterioration that results from the intended use of a dwelling unit, including breakage or malfunction due to age or deteriorated condition. Such wear does not include deterioration that results from negligence, carelessness, accident, or abuse of the premises, fixtures, equipment, appliances, or furnishings by the tenant, family member, occupant, or guest.”
The bill amends several subsections of RCW 59.18.260 pertaining to security deposits and checklists. These are some of the highlights:
The checklist requirements and details at 59.18.260(2) are amended/modified
The tenant will be afforded a right to request one free replacement copy of the written checklist. 59.18.260(3)
The bill significantly amends several subsections of RCW 59.18.280 pertaining to the procedures and grounds for retaining a security deposit for damage to the premises:
The bill amends subsections (1)(a) and (b) that requires much more documentation to support “full and specific statement” that is currently required for retaining the deposit. With the “statement” given to the tenant, the landlord “shall include copies of estimates received or invoices paid to reasonably substantiate damage charges. Where repairs are performed by the landlord or the landlord's employee, if a deductions made for materials or supplies, the landlord shall provide a copy of the bill, invoice, or receipt. The landlord may document the cost
of materials or supplies already in the landlord's possession or purchased on an ongoing basis by providing a copy of a bill, invoice, receipt, vendor price list, or other vendor document that reasonably documents the cost of the item used in the repair or cleaning of the unit. Where repairs are performed by the landlord or the landlord's employee, the landlord shall include a statement of the time spent repairs and the reasonable hourly rate charged.”
The bill amends subsection (c) such that no portion of the security deposit can be withheld for
(i) For wear resulting from ordinary use of the premises;
(ii) For carpet cleaning unless the landlord documents wear to the carpet that is beyond wear resulting from ordinary use of the premises;
(iii) For the costs of repair and replacement of fixtures, equipment, appliances, and furnishings if their condition was not reasonably documented in the written checklist required under RCW 37 59.18.260; or
(iv) In excess of the cost of repair or replacement of the damaged portion in situations in which the premises, including fixtures, equipment, appliances, and furnishings, are damaged in excess of wear resulting from ordinary use of the premises but the damage does not encompass the item's entirety.
The bill does extend the time period to 30 days to provide the statement and supporting documentation.
The restrictions and documentation requirements do not apply where the security deposit is withheld for reasons unrelated to damages, such as rent and other charges owing.
The bill creates a one year statute of limitations running from the termination of the rental agreement or date of abandonment to recover sums exceeding the amount of the security deposit.
Senate Bill 5060:
This bill creates an entirely new Chapter within Title 59 for purposes of registering “housing units” and tracking them with the department of commerce.
The bill carves out some exceptions, but most housing units for private landlords and/or housing authorities would have to register the housing units.
A “housing unit” would be defined as “any structure or part of a structure that is used or may be used by one or more persons as a home, residence, dwelling, or sleeping place including, but not limited to, single-family residences, duplexes, triplexes, and fourplexes; multifamily units, apartment units, condominium units, rooming-house units, microdwelling units, housekeeping units, single-room occupancy units, and accessory dwelling units; mobile homes; short-term rentals that are not owner occupied or the owner's primary residence upon listing of unit; and any other structure having similar living accommodations.
The bill would require housing units to be registered every two years.
Registering housing units requires a fee: “The registration fee for each initial rental housing unit or vacant housing unit is $70, plus a fee of $15 for each additional unit. Fee revenue must be deposited into the rental property on account created in section 4 of this act.
The bill has affirmative obligations to update information housing units: “Any change in information contained in an initial or renewal registration application must be updated within 60 days.”
The bill specifically prohibits any eviction for cause unless the unit is registered! See, Section 6 of proposed bill.
(No silver linings in this bill)
HB 1070
This bill amends 59.18.040 (living arrangements exempted from the RLTA) to include a new exemption for situations where the Seller occupies a dwelling unit after closing of the sale where the buyer/seller enter into a written agreement for the seller to remain in the dwelling unit for up to six months after closing.
Jon L. Seitz"
12/13/2022
11/16/2022
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