HomeMy WebLinkAbout5506 RESOLUTION NO. 5506
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, RATIFYING EMERGENCY
PROCLAMATION 2020-03 ESTABLISHING A TEMPORARY
MORATORIUM ON RESIDENTIAL TENANT LATE FEES
RELATED TO LATE PAYMENTS
WHEREAS, the outbreak of the novel coronavirus (COVID-19), and its rapid
progression in Washington state continues to threaten life and health of people as well
as the economy; and
WHEREAS, on March 18, 2020, Governor Inslee expanded protections for
residential tenants in Washington through a statewide moratorium on evictions of
residential tenants for the next 30 days: prohibiting residential landlords from serving a
notice of unlawful detainer for default payment of rent and from issuing a 20-day notice
for unlawful detainer, unless the landlord attaches an affidavit attesting that the action is
believed necessary to ensure the health and safety of the tenant or other individuals; and
WHEREAS, on March 18, 2020, the Mayor issued Emergency Proclamation 2020-
03 establishing a 30-day moratorium on residential tenant late fees related to delinquent
payments and supporting Governor Inslee's March 18, Order providing additional
assistant and protections for residential tenants; and
WHEREAS, ACC 2.75.070 provides that any proclamation by the Mayor shall at
the earliest practicable time be presented to the city council for ratification and
confirmation, modification, or rejection.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, RESOLVES as follows:
Resolution No. 5506
March 19, 2020
Page 1 of 2 Rev.2019
Section 1. The City Council ratifies the Mayor's Emergency Proclamation 2020-
03 establishing a 30-day temporary moratorium restricting a landlord or owner of a
residential housing unit from requiring payment of late fees or charges due to delinquent
payment of rent. All residential tenant late fees and charges shall be waived during the
temporary moratorium.
Section 2. The City Council also recognizes and supports Governor Inslee's
Order expanding protections for residential tenants in Washington through a statewide
moratorium on evictions of residential tenants for the next 30 days and finds that it is in
the best interest of the people in the City of Auburn.
Section 3. The Mayor is authorized to implement those administrative
procedures necessary to carry out the directives of this legislation.
Section 4. This Resolution will take effect and be in full force on passage and
signatures.
Dated and Signed: March 23, 2020
CITY OF AUBURN
ANCY KUS, MAYOR
ATTEST: APPROVED AS TO FORM:
Shawn Campbell, MMC, City Clerk endra City Attorney
Resolution No. 5506
March 19, 2020
Page 2 of 2 Rev.2019
*
CITY OF *AUBURN
Nancy Backus, Mayor
WASHINGTON 25 West Main Street * Auburn WA 98001-4998 * www.auburnwa.gov * 253-9.31-3000
EMERGENCY PROCLAMATION 2020-03
A PROCLAMATION OF EMERGENCY AND
TEMPORARY MORATORIUM ON RESIDENTIAL
TENANT LATE PAYMENT FEES AND SUPPORTING
GOVERNOR INSLEE'S MARCH 18, 2020, ORDER
PROVIDING ADDITIONAL ASSISTANCE AND
PROTECTIONS FOR RESIDENTIAL TENANTS
WHEREAS, the outbreak of the novel coronavirus (COVID-19), and its rapid
progression in Washington state continues to threaten life and health of people as well as
the economy;
WHEREAS, on February 29, 2020, the Governor of the State of Washington
proclaimed a State of Emergency due to COVID-19;
WHEREAS, on March 5, 2020, the City Mayor issued the City of Auburn
Proclamation, which proclaimed an emergency due to COVID-19;
WHEREAS, on March 11, 2020, the World Health Organization classified the
global spread of COVID-19 as a pandemic, and urged all governments to take action now
to stem the spread of the disease;
WHEREAS, on March 11, 2020, the Governor issued the "Proclamation By The
Governor Amending Proclamations 20-05, 20-06, and 20-07" (Proclamation 20-08),
which found that COVID-19 spreads easily from person to person and may result in
Proclamation 2020-03
March 18,2020
Page 1 of 4
serious illness or death, and continues to spread in the state with cases expected to double
every five to seven days,without any expectation of ending soon;
WHEREAS, on March 11 the Centers for Disease Control and Prevention
("CDC") issued CDC's Recommendations for the next 30 days of Mitigation Strategies
for Seattle-King, Pierce, and Snohomish Counties based on current situation with
widespread COVID-19 transmission and affected health care facilities, which
recommends "extensive community mitigation activities" to slow the spread of, and
minimize morbidity and mortality caused by, COVID-19;
WHEREAS, on March 13, 2020, the President of the United States declared a
national emergency due to the COVID-19 pandemic;
WHEREAS, the social distancing and self-isolation mitigation measures needed
to slow the spread of COVID-19 will likely result in continued reductions in employment
and household income, thereby leaving large numbers of residential tenants unable to pay
rent and increasing the risk of eviction;
WHEREAS, on March 18, 2020, the Governor expanded protections for
residential tenants in Washington through a statewide moratorium on evictions of
residential tenants for the next 30 days: prohibiting residential landlords from serving a
notice of unlawful detainer for default payment of rent and from issuing a 20-day notice
for unlawful detainer, unless the landlord attaches an affidavit attesting that the action is
believed necessary to ensure the health and safety of the tenant or other individuals;
WHEREAS, the Rental Housing Association of Washington recently
acknowledged that King County is experiencing the highest rate of COVID-19 illness in
Proclamation 2020-03
March 18,2020
Page 2 of 4
the country and announced that the rental housing industry recommends a 30-day hold on
writs of restitution for King County, which would prevent physical evictions of local
residents during the emergency period;
WHEREAS, the economic impacts of COVID-19 have increased the risk of
residential tenant evictions due to loss of income and/or employment, however,
residential evictions would dramatically undermine the containment and mitigation
measures needed to slow the transmission of COVID-19;
WHEREAS, residential tenant evictions negates the ability of tenants to self-
isolate, would increase their risk of contracting and/or spreading COVID-19, and would
put them, and high-risk individuals (older adults and individuals with underlying medical
conditions), at greater risk from COVID-19;
WHEREAS, the Mayor finds that pursuant to RCW 38.52.070, it is in the public
interest to protect the health and safety of persons and property and to provide emergency
assistance to the victims of the public health emergency to establish a 30-day moratorium
on residential tenant late fees related to delinquent payments;
WHEREAS, I have determined that it is necessary for the City to take actions
authorized under Chapter 2.75 (Emergency Preparedness) of the Auburn City Code
("ACC") and Chapter 38.52 (Emergency Management) of the Revised Code of
Washington ("RCW") including, but not limited to, the definitions in RCW 38.52.010,
the authorizations in RCW 38.52.070 and RCW 38.52.110, the liability, immunity, and
indemnification provisions of RCW 38.52.180,et. seq.
Proclamation 2020-03
March 18,2020
Page 3 of 4
NOW THEREFORE I, Nancy Backus, Mayor of the City of Auburn, Proclaim
as follows:
Section 1. As authorized by ACC 2.75.090, I hereby make, issue, and adopt
the following emergency rule, which shall be in place for 30 days consistent with a
temporary moratorium:
A landlord or owner of a residential housing unit shall not require payment of late
fees or charges due to delinquent payment of rent during this temporary moratorium. All
residential tenant late fees and charges shall be waived during the temporary moratorium.
Section 2. I find that the Governor's Order expanding protections for
residential tenants in Washington through a statewide moratorium on evictions of
residential tenants for the next 30 days is in the best interest of the people in the City of
Auburn.
Section 3. As soon as practicable I will advise and consult with the City
Council with respect to all actions taken under the authority of this Proclamation.
Section 4. This Proclamation will take effect on my signature, and will
remain in effect for 30 calendar days.
Dated and signed: 2
CITY OF AUBURN
ANC k KUS, MAYOR
Proclamation 2020-03
March 18,2020
Page 4 of 4