Legal recourse<\/strong><\/p>\n\t\t\t\tEdmund Witter, a senior managing attorney for the Housing Justice Project, said the tenants “have a very obvious claim against the landlord.”<\/p>\n\t\t\t\t
If filed, these claims would have to be individual because Miro requires all tenants to sign an addendum on their lease that waives their right to participate in a class action lawsuit.<\/p>\n\t\t\t\t
On hearing the “act of God” justification provided by the apartment complex, Witter said in his opinion, “they would have a really hard case to make, that this is an act of God to me…I just don’t think that that’s really likely.”<\/p>\n\t\t\t\t
“There’s a legal doctrine that if something was in your control, and it goes wrong, you can’t just fall back on act of God. Unless it’s pretty clear, like there’s real evidence,” Witter explained. Otherwise, legally you can “assume that you were negligent if you were in control of the thing.”<\/p>\n\t\t\t\t
Witter said the tenants’ two possible avenues are to focus on the violation of their rental contract, or to seek relocation assistance via Washington statue RCW 59.18.085.<\/p>\n\t\t\t\t
One challenge of the second option is that it depends on the local government doing “an inspection of the place, and basically say, this is not fit for human habitation,” Witter said. “My experience with Federal Way government is that they do not do those kinds of inspections.”<\/p>\n\t\t\t\t
The City of Federal Way said “The City has been out to inspect the damage caused by the water pipe failure. The City inspected the damage and, in the opinion of the staff, the units were still safe to occupy. The City has not determined the dwellings are unlawful to occupy as they have not met any of the provisions of Section 304.1.1 (Unsafe Conditions – Exterior Structure) or Section 305.1.1 (Unsafe Conditions – Interior Structure) of the International Property Maintenance Code.” This code is under FWRC 13.43.20, which is the 2018 International Property Maintenance Code, as amended by FWRC 13.43.030.<\/p>\n\t\t\t\t
The city did not evaluate the apartments for asbestos before determining that they are safe because “asbestos testing is under the jurisdiction of the state.”<\/p>\n\t\t\t\t
Witter said it is possible that tenants can still seek relocation assistance under the statute through proving their rental contract was violated since their landlord did not provide habitable living spaces.<\/p>\n\t\t\t\t
In Federal Way, council members and city staff were working on an ordinance in 2018 and 2019 that would address these type of issues within the city, but it never came to pass.<\/p>\n\t\t\t\t
The proposal was around a Rental Inspection Ordinance that would have focused on improving the substandard housing in Federal Way, most likely by creating a database for tracking rental properties and a staff person assigned to respond to complaints and inspection needs.<\/p>\n\t\t\t\t
The proposal was discussed multiple times in early 2018, moved to another committee and the original proposed timeline stated a goal of October 2019 for a draft of the law to be reviewed by the Land Use and Transportation Committee. The ordinance was not on the agenda for the months of September 2019 through February 2020, and it is unclear whether an ordinance was ever presented for review.<\/p>\n\t\t\t\t
Advocating for the law at a council meeting in 2018, one public commentor said: “We just want the city to know that your residents are living in spots that are not safe, they’re not healthy and they’re having a lot of stress caused because of this.”<\/p>\n\t\t\t\t
“It’s so fundamental that every human life deserves a healthy place to live,” former Federal Way City Councilmember Martin Moore said in an interview, reflecting on his involvement in the attempt to pass that law. “Our current laws aren’t working.”<\/p>\n\t\t\t","protected":false},"excerpt":{"rendered":"
Attorney for Housing Justice Project says these “have a very obvious claim against the landlord.” <\/p>\n","protected":false},"author":1166,"featured_media":67939,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[11,24],"tags":[],"yst_prominent_words":[],"class_list":["post-67938","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-home2","category-northwest"],"_links":{"self":[{"href":"https:\/\/www.kentreporter.com\/wp-json\/wp\/v2\/posts\/67938"}],"collection":[{"href":"https:\/\/www.kentreporter.com\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.kentreporter.com\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.kentreporter.com\/wp-json\/wp\/v2\/users\/1166"}],"replies":[{"embeddable":true,"href":"https:\/\/www.kentreporter.com\/wp-json\/wp\/v2\/comments?post=67938"}],"version-history":[{"count":0,"href":"https:\/\/www.kentreporter.com\/wp-json\/wp\/v2\/posts\/67938\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.kentreporter.com\/wp-json\/wp\/v2\/media\/67939"}],"wp:attachment":[{"href":"https:\/\/www.kentreporter.com\/wp-json\/wp\/v2\/media?parent=67938"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.kentreporter.com\/wp-json\/wp\/v2\/categories?post=67938"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.kentreporter.com\/wp-json\/wp\/v2\/tags?post=67938"},{"taxonomy":"yst_prominent_words","embeddable":true,"href":"https:\/\/www.kentreporter.com\/wp-json\/wp\/v2\/yst_prominent_words?post=67938"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}