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RES 20-784 - Supporting Ban on Residential Evictions RESOLUTION NO. 20-784 A RESOLUTION of the City of Federal Way,Washington,proclaiming the support of Governor Inslee's ban on residential evictions and ratifying the Mayor's Proclamation of Emergency No.20-02 establishing a temporary moratorium on residential tenant late fees related to late payment due to the COVID-19 outbreak. WHEREAS,the outbreak of the novel coronavirus(COVID-19)and its rapid progression in Washington state continues to threaten the life and health of its people as well as the economy of the state; and WHEREAS, on February 29, 2020,the Governor of the State of Washington proclaimed a State of Emergency due to COVID-19; and WHEREAS,on March 9,2020,Mayor Ferrell issued a Proclamation of Emergency No.20- 01 in response to COVID-19; and WHEREAS,on March 11,2020,the Governor issued Proclamation 20-08,which found that COVID-19 spreads easily from person to person and may result in serious illness or death, and continues to spread in the state with cases expected to double every five to seven days,without any expectation to end soon; and WHEREAS, on March 11, 2020, the Centers for Disease Control and Prevention (CDC) issues CDCs 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; and Resolution No. 20-784 Page 1 of 5 WHEREAS, on March 13, 2020, the President of the United States declared a national emergency due to the COVID-19 pandemic; and WHEREAS, on March 23, 2020, the Governor issued an order to require every Washingtonian to stay home unless they need to pursue an essential activity, ban all gatherings for social,spiritual,and recreational purposes,and close all businesses except essential businesses;and WHEREAS, COVID-19 has severely impacted the local economy, resulting in increased employee layoffs and reduction in hours,the cancellation of numerous public events,and significant reductions in tourism and demand at restaurants and other local businesses; and WHEREAS,the social distancing and self-isolation mitigation measure 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 facing increased risk of eviction; and WHEREAS, the COVID-19 pandemic is expected to cause continued layoffs and reduced work hours for a significant percentage of our workforce due to substantial reductions in business activity impacting commercial sectors that support our state's economic vitality, including severe impacts to the number of small business that make Washington State's economy thrive and individuals employed; and WHEREAS,the economic hardship residents will experience as a result of lost wages may cause an inability to pay for basic household expenses, including rent; and WHEREAS, the inability to pay rent by these members of our workforce increases the likelihood of eviction from their homes,increasing the life,health, and safety risks and undermines the containment and mitigation measures needed to slow the transmission of COVID-19, and Resolution No. 20-784 Page 2 of 5 WHEREAS, residential tenant evictions would negate 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, at greater risk from COVID-19, and WHEREAS,on March 17,2020 the King County Sheriff's Office issued notice that they will temporarily suspend enforcement and execution of court-related evictions due to the significant risk for both deputies and residents in contracting COVID-19, and WHEREAS, on March 18, 2020, Governor Inslee expanded protections for residential tenants in Washington through a 30-day statewide moratorium on evictions of residential tenants, which prohibits 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 27, 2020, the Mayor issued Emergency Proclamation 20-02 establishing a moratorium on residential tenant late fees related to delinquent payments and supporting Governor Inslee's March 18,2020 order providing additional assistance and protections for residential tenants and which will remain in effect as long as the Governor's Proclamation 20-19 on Evictions remains in effect; and WHEREAS, late fees may accrue as a result of late rent payments that are not addressed by Governor Inslee's order and will,in some cases,lead to debts that are unmanageable for renters,and ultimately,to increased homelessness; and WHEREAS, Federal Way Resolution 09-546 adopts the Greater Federal Way Community Comprehensive Emergency Management Plan,delegating to the Mayor the duty to make emergency Resolution No. 20-784 Page 3 of 5 rules and proclamations that have the force of law during a proclaimed emergency period when necessary to protect the life and welfare of the citizens of Federal Way. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, RESOLVES AS FOLLOWS: Section 1. The City Council ratifies the Mayor's Emergency Proclamation 2020-02,which shall be in effect for the duration of the moratorium on residential evictions ordered by Governor's Proclamation 20-19,issued on March 18,2020 as it currently exists or may be modified,as follows: No late fees or other charges due to late payment of rent shall accrue during the state moratorium on residential evictions; 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 until April 17,2020 and finds that it is in the best interest of the people in the City of Federal Way. Section 3. vg1gbi.li y.If any section,sentence,clause or phrase of this resolution should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause, or phrase of this resolution. Section 4. Corrections. The City Clerk and the codifiers of this resolution are authorized to make necessary corrections to this resolution including, but not limited to, the correction of scrivener/clerical errors, references, resolution numbering, section/subsection numbers and any references thereto. Resolution No. 20-784 Page 4 of 5 Section . Ratil ac ation.Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. Section 6.Effective Date.This resolution shall be effective immediately upon passage by the Federal Way City Council. RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON this 7th day of April, 2020. CITY OF FEDERAL WAY: ', ER.RELL, MAYOR ATTEST: r( J pplpppl�I') N i STI PF ANIS COURTNEY, C° C Cl`ry CLERK APPROVED AS TO FORM: J. RYAN CALL, CITY ATTORNEY FILED WITH THE CITY CLERK: 04/01/2020 PASSED BY THE CITY COUNCIL: 04/07/2020 RESOLUTION NO.: 20-784 Resolution No. 2Q-784 Page 5 of 5