10/15/2022
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The Spokesman-Review
WSDOT objects to city’s nuisance notice
KHQ
RangeMedia
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The Spokesman-Review
WSDOT objects to city’s nuisance notice
By Kip Hill
THE SPOKESMAN-REVIEW
The Spokane Police Department’s warning that a homeless encampment along Interstate 90 was violating the city’s nuisance law is receiving legal pushback from the Washington Department of Transportation, which owns the property.
Furthermore, the city is undermining efforts to resolve the housing issues for those living at Camp Hope, the Transportation Department wrote Friday in an eight-page letter to Spokane Police Chief Craig Meidl.
Transportation Secretary Roger Millar threatened legal action against the city if it did not rescind its notice that the encampment was a “chronic nuisance” under the city code. Millar accused the city of creating the conditions at the encampment because of a failure to provide housing and questioned whether the city could force those living at the encampment off the land based on the current number of beds available for those living on the streets.
“The City’s counterproductive approach of seeking to shift blame onto WSDOT rather than working collaboratively ignores not only the complex challenges at Camp Hope but is constitutionally suspect,” Millar writes in the letter, which was released to media on Friday afternoon. The Transportation Department said in a statement that they would not be giving interviews and “the letter speaks for itself.”
Brian Coddington, communications director for the city, said the administration had received the letter and was reviewing it Friday afternoon. The goal, he said, continues to be a resolution that both state and local officials can agree to on the continued trespassing.
“There’s still considerable discussion about the timeline,” Coddington said. “We’re trying to figure out a compromise to the state’s preferred timeline.”
The response was prompted by an Oct. 5 letter from Meidl to the Transportation Department, regarding the land where roughly 440 people are living that has become a flashpoint of the debate around homeless policy and housing in the city. The notice of a chronic nuisance also included a proposed agreement that would call for the camp to be vacated by Oct. 31 and all personal belongings cleared from the site by Nov. 15, in accordance with the city’s policy on handling properties where criminal activity is taking place in violation of public health and safety.
In the letter, Millar says WSDOT has no ability to challenge the city’s “arbitrary and significantly truncated timeline” for clearing the camp under the city’s nuisance property abatement process, infringing on the agency’s due process rights. The letter raises a half dozen legal defenses to the nuisance notice, including that the city itself is responsible for the actions that led to the trespass, that it has immunity from the city’s civil penalty statute as a state agency and that state law and appropriations give the agency authority to assist people living there in finding housing.
The Transportation Department also alleges that the city cannot force people off the property if they don’t have adequate shelter space to house them, citing the U.S. Circuit Court of Appeals ruling in Martin v. Boise. The judges in that case found an Eighth Amendment protection for people living in public areas from being removed if there isn’t an alternative location available.
“Clarity and confirmation surrounding how many beds and where those beds are available is key to solving this complex issue – a discussion that should have taken place long ago but for the city’s resistance to coordinating efforts,” Millar writes in the letter.
Coddington said the city stands by its assertion that there is adequate space available for those continuing to live on WSDOT property. Meidl’s letter identified space at four locations totaling 417 beds with an additional space for up to 567. WSDOT said in its letter it wasn’t certain all of those beds are “currently available.”
Coddington said the city would prefer to perform the same transitional functions the state is providing at Camp Hope at their indoor shelter on Trent Avenue.
“We have great concern about the winter coming,” Coddington said.
The operator of that shelter, the Guardians Foundation, is the subject of a criminal investigation after a now-former employee came forward and admitted to embezzling funds.
Coddington said discussions between the state and local officials, which have been occurring weekly, have been productive.
“I think the state and the city are clear on each other’s position,” he said.
In his letter, Millar requests that the city rescind the nuisance notice and WSDOT “reserves its right to consider legal action should the city fail to do so.”
Kip Hill can be reached at (509) 459-5429 or at kiph@spokesman.com.
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KHQ
SPOKANE, Wash. - A family of six is left without a place to live, after the ever-increasing housing market strikes again in Spokane.
“I don’t know where I’m going, five kids, and not knowing where I’m going to go,” Jennica Low said.
Is a harsh reality to face. Jennica Low and her five kids are part of the low-income community, receiving support through their Section 8 Voucher. However, Low’s voucher can only afford a house or apartment with rent on or below $1,540.
“This voucher is not going to cover a home for me and my family,” Low said.
Low moved into her home in 2020. Her starting rent costed $1,301 until it jumped to $1,450 in 2021. The most recent jump? Up nearly 56 percent, rent marked at $2,400, which is far beyond the Low family's budget.
“With 47 days left, I’ve looked and looked, every day I’ve sat on my couch crying, wondering where me and my five kids are going to go,” Low said.
It became clear Low and her housing assistance would not be able to afford another year’s rent at the family’s beloved home, so the property management sent Low a 60-day non-renewal notice.
The family now has 47 days to move out of their house, leaving cherished memories behind from the home they have become accustomed to for the last three years.
“I’ve paid my rent on time every month, and it seems like even when you do right, things go bad,” Low said.
Yet, in this housing crisis, even paying rent on time and being an outstanding tenant does not guarantee affordable rent.
“The market sets the rent and if we don’t match the market, then things like this happen where tenants can’t keep up or get this big shock of a 20, 30, 40 percent increase in rent,” Low’s property manager said.
Low’s property manager wished to remain anonymous, but they did say the agency is unfortunately the middle-man in situations like these.
“It’s hard for us too, because we establish relationships with these tenants as well and we want to provide housing, affordable housing for everyone,” the property manager said.
However, it is not that easy. The housing market is running the show, and people like Low are left in the dust.
“It feels like I’m being ripped out of somewhere I’m comfortable and happy, and my kids have friends from school,” Low said.
Low said all of this as she stood in the front lawn of her home, with her kids by her side, just as unsure about their housing future as their mom.
“I wish I knew where I was going,” Low said.
Posted: October 14, 2022 3:36 PM by Will Wixey
Copyright 4 News Now
SPOKANE, Wash. — If you want updates to track how progress is coming along at Camp Hope, the Washington State Department of Transportation has a solution.
WSDOT recently promoted their email sign-up, which will provide regular communication on what’s happening at the homeless encampment.
Their emails also detail traffic conditions, mountain pass reports, and construction updates from across the northwest.
You can subscribe here.
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RangeMedia
Valerie Osier
A proposed landlord tenant ordinance would require property owners to provide an information packet of their tenant rights and responsibilities to their new tenants. (Photo illustration by Valerie Osier)
Plus, the city council eyes budget cuts and the county considers how to spend federal housing funds.
Important story, ICYMI: A Guardians Foundation employee confessed fraud a month before her name appeared on the city’s $6.5 million Trent shelter contract. This revelation raises questions about the Guardians’ internal processes and the city’s financial controls. Be sure to read the story here.
Housing Action Subcommittee
Landlord Tenant Ordinance: The Housing Action Subcommittee is discussing a draft ordinance aimed at regulating residential housing. The ordinance would require landlords to get a business license to rent more than two units, annual registration of rental properties with the city and mandatory online training for landlords. Some protections for tenants include requiring property owners to provide an information packet of their tenant rights and responsibilities, routine and periodic inspections of properties, anti-retaliation protections and a tenant legal fund. The ordinance would also begin the establishment of a universal background and credit check system for the city so prospective tenants don’t have to pay for multiple checks while searching for a unit.
Details:
Full agenda and draft ordinance here.
Thursday, Oct. 20 at 9:30 a.m.
City Council Briefing Center, Spokane City Hall - Basement
808 W Spokane Falls Blvd, Spokane, WA 99201
The meeting is also virtual on Microsoft Teams here.
Spokane City Council
Save the date: In the consent agenda, the city council will be setting dates for important upcoming hearings, including:
Oct. 24: a public hearing on possible revenue sources for the 2023 city budget.
Starting Nov. 7: hearings for review of the 2023 proposed city budget
Nov. 14: hearing for the Citywide Capital Improvement Program 2023-2028
Pushing pennies: The rest of the city council meeting looks like it’s dedicated to moving money around. For example, $330,000 allocated to currently vacant engineering positions will be moved to spend on capital expenditures, including replacement construction trucks.
Also, the Office of Performance Management is asking for an increase of $100,000 to pay for a Program Manager to restart the Community Safety Initiative program. The workgroup was on pause during the pandemic and is made up of elected officials and department heads. According to the agenda, the group will be “working to develop solutions to positively impact the health/safety of Spokane's citizens.”
Details:
Agenda here.
Monday, Oct. 17 at 6 p.m.
Council Chambers in the Lower Level of City Hall.
808 W Spokane Falls Blvd, Spokane, WA 99201
The meeting is also live streamed here.
Board of County Commissioners
The county commissioners have their Strategic Planning Meeting on Monday at 9 a.m. and it can be accessed virtually here. Then they have their Working Meeting at 2 p.m., which can be accessed virtually here. On Tuesday, they have their Regular Session on Tuesday at 2 p.m.
Capital Budget Presentations: In their Working Meeting on Monday, the commissioners will be presented with capital budgets of the Sheriff (2 p.m.), Detention Services (3 p.m.), and Public Works (4 p.m.)
Housing Money: The only public hearing item in the commissioners’ Tuesday Regular Session is approving the Spokane County draft HOME Investment Partnerships Program (HOME) American Rescue Plan Program (ARP) Plan for submission to the United States Department of Housing and Urban Development. It would be a significant amendment to the 2022 Spokane County Annual Action Plan. The HOME ARP would provide one-time funds from the American Rescue Plan Act of 2021 in order to provide housing, shelter, and supportive services for people experiencing or at risk of homelessness and other vulnerable populations at greatest risk of housing instability in the county.
Details for the Regular Session:
Agenda here
Tuesday, Oct. 18 at 2 p.m.
Public Works Building, 1026 West Broadway Ave.
Lower level, Commissioners’ Hearing Room
The meeting can be accessed virtually here.
Spokane Finance and Administration Committee
2020 Accountability Audit presentation: There’s not many details on this one, but state auditors have recently completed their 2020 Accountability Audit and in order to officially close it, they have to present their findings to the council.
2023 Budget Resolution: This resolution will lay out the city council’s requests to the mayor and city administration as they work on creating the 2023 budget. The council is requesting, among other things, that they reduce general fund expenses by at least 10 percent, that they don’t include ARPA spending that hasn’t already been approved yet, and that they do include any requested public safety capital expected to be spent in 2023. There will also be a Q&A between the administration and council right before the resolution vote.
Details:
Agenda here.
Monday, Oct. 17 at 1:15 p.m.
Council Chambers in the Lower Level of City Hall.
808 W Spokane Falls Blvd, Spokane, WA 99201
The meeting is also live streamed here.
Bicycle Advisory Board
New bike lanes: The Bicycle Advisory Board will be reviewing planned projects for 2022, which total about 7 miles of bike lanes. While three of the eight projects are complete (Post Street, Central Ave, Maple/Ash), four are in progress (Riverside Protected Bike Lanes, the Illinois Ave Protected Bikeway, Children of the Sun Trail from Columbia to River, Garland Ave Pathway) and one, (Cedar Street), is on hold. They’ll also be discussing and updating how they prioritize bike projects.
Details:
Full agenda here.
Tuesday, Oct. 18 at 6 p.m.
City Council Briefing Center, Spokane City Hall - Basement
808 W Spokane Falls Blvd, Spokane, WA 99201The meeting is also virtual on Microsoft Teams here.