Loading...
HomeMy WebLinkAbout5524 RESOLUTION NO. 5524 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO DEVELOP AND IMPLEMENT STRATEGIES AND APPROACHES TO AMELIORATE THE ADVERSE IMPACTS OF COVID-19 FACED BY RESIDENTIAL TENANTS AND LANDLORDS WHEREAS, like many areas of the state of Washington and across the country, the City of Auburn, Washington, is presently facing a health emergency due to COVID- 19, a respiratory disease that can result in serious illness or death, is caused by the SARS-CoV-2 virus, which is a new strain of coronavirus not having previously identified in humans and which can be easily spread from person to person; and WHEREAS, on January 21, 2020, the Washington State Department of Health (DOH) confirmed localized person-to-person spread of COVID-19 in Washington State, significantly increasing the risk of exposure and infection to the general public in Washington State and creating an extreme public health risk that may spread quickly; and WHEREAS, on January 31, 2020, the United States Department of Health and Human Services Secretary Alex Azar declared a public health emergency for COVID-19, beginning on January 27, 2020; and WHEREAS, on February 29, 2020, Washington State Governor Jay Inslee issued a proclamation declaring a State of Emergency in all counties of the state of Washington in response to new cases of COVID-19, and the Governor has subsequently issued additional/amended proclamations to prohibit social gathering of over fifty people, closing all public and private schools state-wide, closing restaurants and others social gatherings, Resolution No. 5524 June 1, 2020 Page 1 of 6 and, further, exercising the Governor's emergency powers under RCW 43.06.220 by prohibiting certain other; and WHEREAS, the COVID-19 pandemic caused a sustained global economic slowdown, as well as an economic downturn throughout Washington State, with layoffs and reduced work hours for a significant percentage of the local and state-wide workforce due to substantial reductions in business activity, which in turn contributed to employee layoffs and substantially reduced work hours, causing significant economic hardship; and WHEREAS, this significant economic hardship disproportionately affected low- and moderate-income workers, resulting in lost wages and potentially the inability to pay for basic household expenses, including rent; and WHEREAS, the inability to pay rent by the affected members of our community increased the likelihood of eviction from their homes, increasing the life, health, and safety risks to a significant percentage of our people from the COVID-19 pandemic; and WHEREAS, on March 18, 2020, and then on April 16, 2020, Governor Inslee issued his Proclamations 20-19 and 20-19.1, respectively, prohibiting landlords, property owners, and property managers from evicting, displacing or otherwise removing tenants from residential rental properties, or taking steps toward the same; and WHEREAS, Proclamation 20-19.1 issued on April 16, 2020 includes statewide direction that restricts landlords, property owners, and property managers from treating unpaid rent or other charges as an enforceable debt or obligation where such non- payment was as a result of the COVID-19 outbreak and that precludes the ability to attempt to collect rent unless the landlord, property owner, or property manager demonstrates through a preponderance of evidence to a court that the resident was Resolution No. 5524 June 1, 2020 Page 2 of 6 offered, and refused or failed to comply with, a re-payment plan that was reasonable based on the individual financial, health, and other circumstances of that resident; and WHEREAS, unless extended, the Governor's prohibition on eviction actions is due to expire on June 4, 2020; and WHEREAS, the City of Auburn has an interest in seeing its residents who have been adversely impacted by COVID-19 avoid residential rental evictions, to the extent that it can reasonably do so; and WHEREAS, the City of Auburn does not seek to locally impose a moratorium on evictions, but would like to see landlord cooperation with programs that restrict landlords from pursuing eviction actions or taking enforcement action to collect unpaid rental related obligations where such evictions and/or non-payment was as a result of the COVID-19 outbreak unless the landlord can demonstrate that the resident was offered a reasonable re-payment plan which the resident refused or failed to comply with; and WHEREAS, the City of Auburn also desires to promote and implement efforts to encourage housing stability after June 4, 2020, by developing and implementing strategies to reduce or eliminate residential evictions related to a tenant's inability to pay rent as a result of lost revenue due to COVID-19; and WHEREAS, the City of Auburn believes that programs addressing COVID-19 related residential rental impacts are of great importance to the City, including, particularly, those that incorporate the principle expressed in the Governor's Proclamation such as promoting reasonable re-payment plans, and that these programs would have equal or greater importance following the expiration of the Proclamation; and Resolution No. 5524 June 1, 2020 Page 3 of 6 WHEREAS, the City of Auburn has the ability to access money from a variety of sources, that could be used to assist in the mitigation of impacts to tenants and landlords caused by the COVID-19 pandemic; and WHEREAS, strategies that promote housing stability in Auburn may include heightened outreach and education to tenants and landlords that make all parties aware of aid and resources, directing available funding to agencies that can support direct delivery of aid, and developing approaches that provide mutual benefit to tenants who are unable to pay for housing expenses and property owners or managers who are reliant upon revenue in order to cover their own costs; and WHEREAS, the Auburn City Council would like to see the Auburn Mayor and City staff develop strategies and approaches which can be implemented to address the adverse impacts caused by the COVID-19 pandemic relating to residential rental properties and to reduce the threats of eviction. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, HEREBY RESOLVES as follows: Section 1. That the Mayor is authorized to take appropriate administrative actions necessary to implement strategies that promote housing stability in Auburn, including, to the extent possible, incorporation of the rental re-payment concept articulated in Proclamation 20-19.1 issued on April 16, 2020, described above. Section 2. That the Mayor is authorized to develop and implement, on behalf of the City, strategies and approaches that are intended to ameliorate/lessen the impacts caused by the COVID-19 pandemic relating to residential rental properties, assisting Resolution No. 5524 June 1, 2020 Page 4 of 6 residential landlords and tenants to recover from such impacts, including avoiding evictions and addressing financial obligations, within the following parameters: A. Strategies and approaches that may provide time, aid, or resources that serve both the residential tenant and the residential landlord that help avoid eviction and that reasonably fulfill the financial obligations owed to the residential landlord. It will be particularly important for the City to provide adequate information to both tenants and landlords covering their rights and availability of resources and assistance within the community. B. Strategies and approaches will be designed to serve residential tenants that are in financial arrears or where there is a deficiency in financial obligations related to a residential tenancy, which deficiency is the result of the COVID-19 outbreak and which deficiencies occurred on or after February 29, 2020; C. Strategies and approaches are not designed to eliminate or reduce the need to fulfill a tenant's obligation to pay rent rather they are to be designed to promote reasonable re-payment plans, provide short term financial rental assistance using partner agencies within the community, D. Financial strategies and approaches may include the City providing direct funding support to partner agencies, providing relief in utility or other payments paid directly to the City, advocating for property tax relief for landowners where payments are made to other non-Auburn governmental agencies. The Mayor is authorized to execute, on behalf of the City any contracts related thereto. E. Unless otherwise extended, the program would continue until the impacts of the COVID-19 pandemic are no longer felt by the residential landlords and Resolution No. 5524 June 1, 2020 Page 5 of 6 tenants in Auburn, or until financial resources allocated to the program are exhausted. F. The Mayor shall report at least annually to the City Council on the status of the program. Section 3. That this Resolution shall take effect and be in full force upon passage and signatures hereon. Dated and Signed this ` day of72: ,.R..,,s, , 2020. CITY OF AUBURN N/C - . NCY B��1' S, MAYOR ATTEST: ftA Shawn Campbell, MMC, City Cle k APPROVED AS TO FORM: - Kendra Comeau, City Attorney Resolution No. 5524 June 1, 2020 Page 6 of 6