Monthly Archives: September 2020

3 posts

Punished Good Deeds

Waterfront properties are not infrequently encumbered by an easement to allow nearby properties access to the waterfront. Two brothers owned several lots on Lake Whatcom. They sold the upland lots and kept the waterfront property, but granted an easement for access to the waterfront. The brothers spent their own time and labor to maintain the common area for ten years, though under the terms of the easement these costs were supposed to be shared. On one lot the new neighbors invited people to swim and use jet skis from the lakefront property dock and started building a parking lot on […]

CDC Eviction Moratorium

The Centers for Disease Control (CDC) issued a nation-wide eviction moratorium through December 31, 2020. The CDC cites the need to slow the spread of COVID-19 by preventing evicted tenants from crowding into shelters or shared housing. The CDC eviction moratorium does not apply where state or local eviction moratoriums provide the same or greater level of protection. The CDC eviction moratorium requires tenants to provide their landlord a sworn declaration alleging under oath essentially that they have made best efforts to find government aid, cannot pay past due and future rent, and have nowhere to go. The approved declaration […]

The Seattle Eviction Moratoriums as Modified by the City Council

There is much confusion over the Seattle eviction moratorium. The confusion stems from the history of the Seattle moratorium and changes made to them, and additional separate laws passed by the City creating a new inability-to-pay defense and imposing payment plans. Confusion may be in part also due to the fact there are various federal, state, and local moratoria, and sometimes people confuse and conflate their various terms. On March 14 the Mayor issued a residential eviction moratorium that prohibited eviction for non-payment of rent. She later issues a broad small business and non-profit eviction moratorium that prohibited almost all […]