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HomeMy WebLinkAbout2008 RESOLUTION NO. 2008 A RESOLUTION of the City Council of the City of Kent, Washington, discouraging landlords in the City of Kent from pursuing eviction of tenants who are able to establish that they are unable to pay rent as a direct result of the personal effects of Coronavirus. RECITALS A. King County, along with numerous other areas in the United States and the world, are dealing with the effects of the Coronavirus. B. Health experts are concerned because this new virus has the potential to cause severe illness and pneumonia in some people — especially people over age 60 or who have weakened immune systems. C. Health experts are still learning about how the Coronavirus spreads. Currently it is thought to spread through respiratory droplets when an infected person coughs or sneezes, between people who are in close contact with one another (within about 6 feet), and by touching a surface or object with the virus and then touching the mouth, nose, or eyes. D. Most Coronavirus illnesses are mild with fever and cough. The vast majority of people with the Coronavirus infection do not require hospital care. A much smaller percentage of people get severely ill with lung and 1 Resolution Discouraging Evictions as a Result of the Coronavirus breathing problems like pneumonia. Elderly people and people with underlying medical conditions are at highest risk. E. Those who are determined to have the Coronavirus are likely to be unable to work for a period of time. F. Those suspected of having the Coronavirus are required to self- quarantine for a period of time, and will not be permitted to work until the risk of spreading the virus ends, or they are tested and receive confirmation they do not have the virus. G. Over the past few weeks, the Governor and King County have issued numerous orders regarding social distancing in an attempt to prevent the rapid spread of the Coronavirus. As of March 16, 2020, the following orders, among others, were in effect: 1. All schools in Washington are closed until April 24, 2020. 2. All gatherings with more than 50 participants are prohibited until further notice. 3. All gatherings of 50 participants and below are prohibited until further notice unless previously announced criteria for hygiene and social distancing are met. 3. Restaurants, bars, dance halls, clubs, theaters, health and fitness clubs, and other similar indoor social or recreational venues must cease operations until March 31, 2020. 4. Restaurants and food service establishments may remain open only for drive-through, delivery, and pick-up only, until March 31, 2020. H. As a result of illness, self-quarantine requirements, or the various closures required of emergency orders, some people are unable to work and some of those unable to work may have insufficient funds to pay rent. 2 Resolution Discouraging Evictions as a Result of the Coronavirus I. During the critical time of this public emergency, a tenant evicted from his or her residence could face homelessness due to an insufficiency of funds caused by no fault and without control of the tenant. J. The Rental Housing Authority of Washington recently issued the following statement: 'The rental housing industry is recommending a 30- day hold on writs of restitution for King County residents. This hold would prevent physical evictions during the emergency period. Importantly, it would still allow unlawful detainer proceedings to continue but prevent the physical eviction and keep people in their homes." K. The Kent City Council supports efforts by landlords to ensure those who are affected by the Coronavirus are not dispossessed of safe housing due to the inability to pay rent. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: RESOLUTION SECTION 1. - Encourage Landlords to Forego Eviction Proceedings for Tenants Personally Affected by the Coronavirus. The City Council hereby encourages landlords to suspend or altogether forgo efforts to evict tenants for non-payment of rent who establish that they are unable to pay rent as a direct result of the personal effects of the Coronavirus. Landlords are also encouraged to waive late payment penalties related to those tenants who are unable to timely pay rent as a result of the personal effects of the Coronavirus. Landlords and tenants are encouraged to work together to resolve payment disputes by utilizing payment plans that will enable individuals to remain housed. 3 Resolution Discouraging Evictions as a Result of the Coronavirus SECTION 2. - Encourage the King County Sheriff to Forego the Enforcement of Evictions for Tenants Personally Affected by the Coronavirus. The City Council hereby encourages the King County Sheriff to forgo efforts to enforce court orders that remove rental housing tenants from rental units for non-payment of rent when those tenants are able to establish that they are unable to pay rent as a result of the personal effects of the Coronavirus. SECTION 3. - Exceptions. The City Council clarifies that the above encouragement does not apply to evictions that are pursued as a result of the following as set forth in RCW 59.18.130: drug-related activity; gang- related activity; the intentional or negligent destruction, defacement or damage to the rental property; activity at the rental property that is imminently hazardous to the physical safety of other persons on the property; entails physical assaults upon another person which result in an arrest; or entails the unlawful use of a firearm or other deadly weapon as defined in RCW 9A.04.110. The City Council also clarifies that the above encouragement does not apply to evictions that are pursued as a result of the violation of a crime free housing addendum to a rental agreement. SECTION 4. - Severability. If any one or more section, subsection, or sentence of this resolution is held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this resolution and the same shall remain in full force and effect. SECTIONS. - Corrections by City Clerk. Upon approval of the city attorney, the city clerk is authorized to make necessary corrections to this resolution, including the correction of clerical errors; resolution, section, or subsection numbering; or references to other local, state, or federal laws, codes, rules, or regulations. SECTION 6. - Effective Date. This resolution shall take effect and be in force immediately upon its passage. 4 Resolution Discouraging Evictions as a Result of the Coronavirus March 17, 2020 DANA RALPH, MAYOR Date Approved ATTE T: 7 March 17, 2020 KIMBERLEY . KOMOTO, CI LERK Date Adopted APPROVED AS TO FORM: A ? �' • y� »}Ip ,,,,a `t � 'ARTHUR ��P P RIC , CITY ATTORNEY Y ~ '" y R L,► A 5 Resolution Discouraging Evictions as a Result of the Coronavirus