Category: State of Washington

Afternoon Fizz, Part 2: Durkan Explains Odd Votes, City Funds Alternatives to Policing

The details of Sound Transit’s plan to lower fares on its Sounder commuter trains, which Mayor Jenny Durkan cast the lone vote against. 

1. Sound Transit’s full board voted unanimously on Thursday to approve a resolution updating the agency’s fare enforcement policies while keeping fare enforcement squarely within the courts and criminal justice system, after a dramatic discussion one week earlier, which PubliCola covered most recently here

Durkan, along with the rest of the board, voted for the fare enforcement motion, after noting that it was only a first step toward decriminalizing fare nonpayment entirely. 

Oddly, Durkan made exactly the opposite argument after casting the lone “no” vote on a proposal to lower fares for low-income, disabled, and elderly Sounder riders. Initially, Durkan cast the vote without comment, but revisited it several minutes later, saying that she wanted to clear up any confusion about why she voted against the fare reduction. (Her staff pays close attention to Twitter). “The reason I voted against that,” she said, “is, I believe that people should have free transit and not pay anything, and we should follow [the lead of] Seattle and give students and low-income people” access to free transit passes.

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Durkan has not proposed such a measure in her three years on the Sound Transit board. The reasoning Durkan gave for her vote also contradicts her own previous vote in favor of lowering fares on more widely used Sound Transit Express buses, as well as her vote in favor of the fare enforcement resolution just moments earlier, which she justified by saying, essentially, that the perfect should not be the enemy of the good.

Contacted after the vote, mayoral spokeswoman Kelsey Nyland said, “The Mayor believes that Sound Transit has the infrastructure and ability to make transit free for youth, low-income, older, and disabled riders, and she will continue to vote according to that belief and principle.”

2. During the same meeting, Durkan voted against an amendment to Sound Transit’s 2021 legislative agenda calling on legislators to “adopt legislation to base vehicle taxes on a more accurate and current value of a vehicle” for purposes of determining the Motor Vehicle Excise tax on which Sound Transit relies. Sound Transit’s valuation schedule was the subject of a lawsuit by vehicle owners who believe it unfairly overvalues more expensive, late-model used cars.

Durkan did not give the depreciation schedule as her reason for voting against the amendment—which county executive Dow Constantine voted for. Instead, she said she believes the MVET itself is inherently “regressive,” because many low-income people have no choice but to drive long distances to get to work, including those who commute to Sound Transit’s park and ride lots.

This claim that taxes on driving are inherently regressive has been made for decades, usually by people who have not owned a cheap used car for many years, if ever. Sound Transit’s valuation schedule may overvalue late-model used cars—the kind people buy for $30,000 at a dealer, for example—but it also appears to undervalue the older used cars that low-income people tend to actually drive. In this sense, it is actually a progressive tax—people who can afford to buy almost-new cars pay more, and those who buy 20-year-old cars for cash pay less. 

3. On Friday morning, the Seattle Office for Civil Rights (OCR) announced $1 million in grants for community organizations to “develop alternatives to and address the harms created by incarceration, policing, and other parts of the criminal legal system.”
Continue reading “Afternoon Fizz, Part 2: Durkan Explains Odd Votes, City Funds Alternatives to Policing”

Despite Eviction Moratorium, Renters Are Still Being Evicted

By Erica C. Barnett

Renters across Washington state have existed in a kind of financial and legal limbo since mid-March, when Governor Jay Inslee issued the first statewide eviction moratorium, declaring that the temporary measure would “help reduce economic hardship and related life, health, and safety risks to those members of our workforce impacted by layoffs and substantially reduced work hours or who are otherwise unable to pay rent as a result of the COVID-19 pandemic.”

At the time, no one knew how long the pandemic would continue or the impact it would have on the state and national economy. Since then, Inslee has extended the moratorium four more times, most recently in October, when he set a new expiration date of December 31.

But despite the moratorium, commonly referred to as an “eviction ban,” renters are still being evicted. Last month, nearly 40 people were evicted through the court system in King County, up from just 8 in April. (We know the numbers for King County because they’re tracked by the King County Bar Association’s Housing Justice Project, but a similar trend is almost certainly happening across the state). Added to that are an unknown number of people who are informally evicted through methods that, while not technically evictions, still have the same effect, their numbers never counted in the total of people forced to move—or made homeless—during a worldwide pandemic.

One reason more renters are being kicked out, tenant advocates say, is that Inslee has gradually added more and more exemptions to the “ban.” Most consequentially, in June, Inslee added a section to the moratorium in June allowing landlords to give tenants’ 60 days notice that they plan to sell a unit or move into it.

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Jim Baumgart, a senior policy advisor to the governor, said the exemption is intended to help people who own multiple properties and need to move into one or sell “because they don’t want to be a landlord anymore, or because their family’s been materially affected by COVID and they need that money.” For example, people in the military, who move around often, might need to move back to their hometown and have no choice but to move into a house they had been renting out, or a landlord who owned just one or two rental units might need to sell a property to stay afloat.

The Rental Housing Association of Washington, which represents rental property owners and has been critical of the eviction moratorium, argues that the sale or move-in exemption provides a necessary escape hatch for the smallest landlords. Kyle Woodring, RHA’s director of government affairs, says the RHA has been hearing from “more people working through the process of selling their property” than usual, because their income (from rent or other sources) has dried up and “they need to get some cash out of that property.

“It’s easy for local governments and state governments to protect tenants, and much harder to protect people who pay mortgages and the lending institutions, because those are generally federally regulated,” Woodring said. “Short of giant bailouts, I think we’re going to see more and more people looking to sell.” Continue reading “Despite Eviction Moratorium, Renters Are Still Being Evicted”

Guest Editorial: Seattle’s Restaurants Can’t Wait for COVID Relief

Photo by Belinda Fewings on Unsplash

By Debra Russell and Jessica Tousignant

The lockdown was a necessary step in the fight against the coronavirus pandemic, but we couldn’t predict what it would mean for businesses. Restaurant owners didn’t know what to expect.

We were so grateful when Seattleites stepped up and supported us by ordering food for takeout. You were patient and generous as we built an entirely new business model. It was a bumpy transition, but you reminded us that we’re all in this together. Even now, your takeout orders are keeping many of us afloat.

But we can’t forget that our members who are hanging on are the lucky ones. One of the most frustrating aspects of the current economic downturn is that we don’t have enough data to understand exactly how bad things really are. It’s unclear how many neighborhood businesses have closed permanently since March.

The clearest overview of the economic impact on businesses nationwide arrived in a recent report from Yelp, which showed that of all the businesses that closed since March , about 61 percent have now closed permanently. That’s 97,966 businesses wiped out nationwide. Due to the customer-driven nature of Yelp’s reporting, this almost certainly represents an undercount—and in Washington, the numbers are likely even worse.

When ordinary people don’t have enough money to spend at local businesses, those businesses don’t make enough money to stay open.

The Yelp data confirms what we have suspected to be true: We’ve already lost half the businesses that had to temporarily close for lockdown, and the rest are imperiled. A majority of Seattle’s neighborhood restaurants will likely close by the end of the year.

Let’s be clear: this isn’t on our customers. They’ve done more than their part to keep us afloat. But the people and organizations who are supposed to use their resources and visibility to stand up for and protect small business have been entirely absent.

Local leaders claimed we should wait for the federal government to lead the way in the economic response to the pandemic. But the US Senate adjourned for vacation until September 8 without any agreement on a new stimulus plan. Since the additional $600-per-week unemployment benefits written into the last stimulus package were allowed to expire, some of our members report business has dropped by as much as 25 percent. When ordinary people don’t have enough money to spend at local businesses, those businesses don’t make enough money to stay open.

For years, powerful business interests like chambers of commerce, the Washington Hospitality Association, and others have used small businesses as a political football. Today, small businesses are shuttering around Seattle, people are losing their jobs, and these same organizations have quietly looked the other way.

The federal government told states and cities that they’re on their own, and local leaders have failed to step up to fill the void. Mayor Jenny Durkan, for instance, vetoed the expenditure of emergency funds—as though this economic collapse isn’t the biggest emergency most Seattleites have ever seen. (The city council subsequently overturned that veto, but Durkan’s budget would reallocate the money for other purposes.)

Continue reading “Guest Editorial: Seattle’s Restaurants Can’t Wait for COVID Relief”

Evening Crank Part 1: Hunker Down Edition

Cracks visible in the girders supporting the West Seattle Bridge. SDOT director Sam Zimbabwe says the discolored areas visible around the damage are “a result of the preventive maintenance we’ve done over the past few years, so don’t in and of themselves illustrate all of the issues we are concerned about right now.”

1. How long has the COVID-19 epidemic been going on? Only six years, you say? Well, in the words of Gov. Jay Inslee, hunker down…

It was a big news day, and not just because Gov. Jay Inslee finally told us all to go to our rooms and not come out until he said so. (Find a list of “essential” businesses that will stay open, which includes everything from veterinarians to food banks to recreational pot stores, here). Earlier in the day, Mayor Jenny Durkan announced that the high West Seattle Bridge will be completely closed to traffic until further notice, due to cracks in the concrete girders that support the bridge’s weight. Durkan said the new discoveries mean that the bridge “cannot safely support vehicular traffic.”

During a press conference conducted via Skype, Seattle Department of Transportation director Sam Zimbabwe said the closure could last weeks or months. Zimbabwe said there hadn’t been a single incident or catastrophic event that led to the new damage; rather, crews inspecting the bridge last night discovered that cracks in the girders that had already allowed “incursions” of water and air had grown dramatically wider. Most of the weight of the bridge—about 80 percent—consists of the bridge itself, but heavier vehicles, and more of them, may have contributed to the damage, Zimbabwe said.

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Drivers hoping to use the lower West Seattle bridge are out of luck; the secondary bridge will be open only to first responders, transit, and freight. People who choose to commute by car will have to go far afield of their usual routes, using West Marginal Way, First Ave. S., or SR 509 to get off the peninsula.

The announcement was so sudden that the two city council members who live in West Seattle, Lisa Herbold (District 1) and Lorena Gonzalez (Position 9) found out about the closure just a few hours before the public did. (The same was true of King County Council member Joe McDermott, who said in an email to constituents  this evening that he just found out about the closure “this afternoon.”) Mayor Durkan did not specify exactly why the closure had to happen with so little notice.

In a statement, Herbold, who represents West Seattle, questioned the decision to completely shut down the lower bridge to private auto traffic, saying she wanted  to know “how soon it can be opened for traffic given lower traffic volumes in Seattle” because of the COVID-19 epidemic and stay-at-home order. “My office has requested that SDOT appeal to the Coast Guard to make fewer bridge openings of the lower level bridge to allow for more buses and cars to cross, like they did in early 2019 when the Alaskan Way Viaduct closed and the SR99 tunnel was not yet open.”

A spokeswoman for Kimpton Hotels, which owns the Alexis and and Palladian—two hotels that have been in contact with the city—said that “neither has agreed to set up any isolation rooms nor is either equipped to do that.”

2. At a city council briefing this morning, Position 8 city council member Teresa Mosqueda expressed optimism that “downtown boutique hotels” would soon begin offering rooms to people who were healthy but needed to self-isolate because they are members of a vulnerable group. “I really want to thank some of the hotel owners, especially some of the downtown boutique hotel owners,” for offering to help house people impacted by the COVID epidemic, Mosqueda said.

Council member Andrew Lewis, whose district (7) includes downtown, also said he hoped that downtown hotels would be able to offer rooms “to get people off the street and get people inside quickly on a temporary basis,” an arrangement that could also “give a boon to our struggling hospitality industry that has suffered from a massive dropoff in tourism” because of COVID-19. Kimpton Hotels, which owns the Alexis and Palladian hotels downtown, has reportedly been in contact with city about providing rooms for this purpose.

The city’s Office of Labor Standards has seen an uptick in labor complaints this month—from 78 in the entire month March last year, to 85 in the first three weeks of this March alone.

However, it was unclear Monday whether any hotels had actually stepped up and offered rooms, either for people experiencing homelessness or for first responders and others who need to be isolated because of potential COVID-19 exposure. A spokeswoman for Kimpton Hotels, which owns the Alexis and and Palladian—two hotels that have been in contact with the city—said that “neither has agreed to set up any isolation rooms nor is either equipped to do that.” The spokeswoman, Brandyn Hull, added that the hotels “have offered to support the city with very low rates” for first responders, medical workers, and representatives of the CDC.

3. After getting reports that restaurants and other businesses that had to lay off workers during the COVID crisis had failed to pay employees for time they’d already worked, I contacted the city’s Office of Labor Standards to see what recourse people in this situation might have. After initially writing that “All media inquires must go through the Mayor’s office,” they got back to me with more specific responses  this morning.

If you’ve been laid off and your employer did not pay you for time you worked—for example, if your boss told you they couldn’t pay your last paycheck—that “may be considered administrative wage theft,” so try contacting OLS or the state Department of Labor and Industries to see if they can resolve it. If you didn’t get paid for vacation or sick time you accrued, you’re probably out of luck, unless you can prove that getting paid out was a condition of your employment.

OLS has seen an uptick in labor complaints this month—from 78 in the entire month March last year, to 85 in the first three weeks of this March alone.

 

No Shelter In Place Order, But More Admonishments for Grandma, From Gov. Inslee as COVID Crisis Continues

Gov. Jay Inslee declined once again on Friday to issue a legally binding “shelter-in-place” order requiring all Washingtonians to stay at home and avoid going to work or the store unless absolutely necessary, but said that if people continue to defy the existing direction to avoid gathering in groups, self-isolate when possible, and stay six feet away from other people, he will consider taking stronger action. Earlier this week, Inslee ordered all restaurants, bars, and other nonessential businesses to close except for takeout customers; banned gatherings of more than 50 people; and urged everyone over 60 or with compromised immune systems to stay inside and avoid contact with other people.

“I won’t be issuing any legally binding orders today, but that does not mean that we might not be back here soon to make further legally binding orders,” Inslee said. “And we understand that perhaps the force of law will not be necessary if Washingtonians act with the force of compassion, with the force of responsibility [and with] the sense that we are all in this together.”

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During this unprecedented time of crisis, your support for truly independent journalism is more critical than ever before. The C Is for Crank is a one-person operation supported entirely by contributions from readers like you. Your $5, $10, and $20 monthly donations allow me to do this work as my full-time job. Every supporter who maintains or increases their contribution during this difficult time helps to ensure that I can keep covering the issues that matter to you, with empathy, relentlessness, and depth. If you don’t wish to become a monthly contributor, you can always make a one-time donation via PayPal, Venmo (Erica-Barnett-7) or by mailing your contribution to P.O. Box 14328, Seattle, WA 98104. Thank you for reading, and supporting, The C Is for Crank.

Some groups—and some parts of the state—appear to be hearing that message louder than others. Using traffic on toll roads as an easily verifiable proxy for how many people are carrying on life as usual, Inslee noted that while traffic on SR 99 (through downtown Seattle), SR 520 (Seattle to Bellevue) and I-405 (the Eastside suburbs) were down, traffic on SR167 (Renton to Auburn), I-5 through Lakewood, on the Tacoma Narrows Bridge, and through Spokane had barely budged. “We remain concerned that some in our state are not taking the measures that are absolutely necessary to preserve health and life and limb in the state of Washington,” he said.

“We are all potential transmitters of this virus and we all, to some varying degree, are potential victims of this virus, and if anyone is living a normal life today, you are not doing what you need to do to save the lives of people in this state.”

The governor repeated his admonition that “grandma” and “your 18-year-old” need to be told that they can’t go out and get together with friends even if they want to. On Monday, Grandma was not supposed to go to “art galleries” or come in close contact with her grandkids; today, Inslee warned against “coffee klatches” and “sewing needle get-togethers.”

Friday’s announcement did not include any news about financial assistance for small businesses or renters, who will still be on the hook for rent as soon as the 30-day statewide eviction ban expires. (In Seattle, the eviction ban is for 60 days). Nor did Inslee mention any new social-distancing measures for homeless people living in shelters or people confined to mental hospitals and jails.

Inslee did make one brief mention of the state’s prison population. Among the supplies that are slowly making their way to Washington’s hospitals, Inslee said, will be 650,000 disposable gowns, “and we think we’re going to be able to make some of these gowns in our prison industry, actually,” Inslee said. His office did not immediately respond to a followup question about the use of prison labor—which has been controversial in other states—to respond to the COVID-19 epidemic.

 

What Eviction Reform Means for You

This piece originally appeared on Seattle magazine’s website.

Last month, the Washington state legislature passed a sweeping eviction reform bill that gives tenants more time to pay rent before they can be evicted; gives judges new discretion when deciding whether to give tenants more time to pay or how much to penalize evicted tenants financially; and creates new financial incentives for landlords to rent to tenants using financial subsidies.

The bill, sponsored by Rep. Nicole Macri, was a response to the problems outlined in a report by the Seattle Women’s Commission, “Losing Home,” earlier this year. That report revealed that tenants in Seattle are frequently evicted for failing to pay extremely small amounts of rent (as little as a few dollars), and that the county superior court judges—who determine whether tenants will be evicted—have little discretion to consider mitigating factors (like a one-time medical emergency) that cause people to fall temporarily behind on their rent. In a story about King County’s eviction court for the February 2019 print edition of Seattle magazine, one woman described receiving an eviction notice while in the hospital for late-stage kidney disease. Another case, described by Housing Justice Project attorney Edmund Witter, involved a man who was hospitalized for a degenerative spinal disease; the landlord refused to allow HJP to pay his rent because HJP was not the tenant.

The legislation makes several statewide reforms:

  • It increases the number of days a tenant has to pay his or her rent once a landlord puts a “pay or vacate” notice on their door from 3 days to 14.
  • It gives judges the ability to consider mitigating circumstances when a tenant falls behind on their rent, such as unanticipated one-time expenses, a history of timely payments, and hardship to the tenant if they’re evicted. This provision also allows tenants to negotiate payment plans with landlords.
  • It requires landlords to put any payments a tenant does make toward rent first, rather than toward fees the landlord has charged the tenant for paying late. The “Losing Home” report found that late fees often added hundreds of dollars to tenants’ arrears, often outstripping the original amount they owed.
  • It limits the amount of attorneys’ fees judges can award to landlords, which were previously unlimited.
  • It expands an existing program that reimburses landlords for damages caused by tenants using rent subsidies. If a judge uses his or her new discretion to forgive rent or give a tenant more time to pay, and the reason is that the tenant is low-income or experiencing hardship, a landlord can now petition the Department of Commerce for reimbursement for that loss.
  • And it requires that 14-day eviction notices be written in simple language (and offered online in 10 different languages) so that tenants understand what is happening and how to respond.

The legislation is now on Governor Jay Inslee’s desk, and will become law (if Inslee doesn’t get around to signing it) on May 22.