Skip to content
The COVID Project
  1. Library
  2. Portland
  3. MET-PDX-052

Ex. MET-PDX-052 Order Primary source read

Emergency Order No. 2020-08

Regarding Foreclosures, Evictions, and Rental Property Inspections; Adding a Defense from Residential Foreclosure on Private Mortgages; Adding a Defense from Eviction for Small Businesses with Fewer Than Fifty (50) Employees; and Requiring Specified Sanitation Measures Be Taken When Conducting Inspections of Residential Rental Property

City Manager Eric Holmes (attested by City Clerk Natasha Ramras; approved as to form by City Attorney Jonathan Young) · City of Vancouver, Washington (Clark County) (City)

The COVID Project

The record

Jurisdiction
City of Vancouver, Washington (Clark County) · Portland · Oregon
Level
City
Authority
Washington State Constitution Article VI, Section 11 [as recited in the order]; RCW ch. 38.52; Vancouver Municipal Code ch. 2.12; City Council Resolution M-4061 (Mar. 16, 2020)
Issued
2020-04-03 Apr. 3, 2020
Effective
2020-04-03 (immediate) (read as 2020-04-03)
End
2020-04-30 23:59 by § 4; §§ 1-3 extended through May 31, 2020 by EO 2020-11 (MET-PDX-021); § 3 as amended by EO 2020-09 extended to July 31, 2020 by EO 2020-14 and further by EO 2020-16 (MET-PDX-023, -026) (read as 2020-09-30)
In force
Apr. 3, 2020 to Sept. 30, 2020
Quarters
2020 Q22020 Q3
Limitation types
Face-covering requirementWorkplace rulesOther
Addressees
  • residential mortgage loan holders and servicers (private, non-FHFA loans)
  • landlords of Small Business commercial tenants (valid Vancouver Business License; fewer than 50 employees)
  • every landlord or landlord's agent entering residential rental property for an RCW 59.18 inspection
Functions reached
  • SV mortgage servicing and foreclosure (private residential foreclosures barred)
  • CM commercial leasing (small-business evictions barred)
  • PM property management and inspections (PPE and distancing)
  • CB small-business tenants and homeowners
Collection
Portland MET-PDX

Operative words

Section 1. Defense from Residential Foreclosure on Private Mortgages. A.... it shall be unlawful to initiate or advance a Private Residential Foreclosure Action with respect to any property within the city limits of Vancouver while this Emergency Order is in effect, except in such circumstances when foreclosure is necessary to abate proven threats to the safety of others or the protection of the property. Any mortgagor may raise this emergency order as a defense in any pending or initiated Private Residential Foreclosure Action.... Section 2. Defense from Eviction of Small Businesses. A. It shall be unlawful for any landlord or landlord's agent to initiate or advance an unlawful detainer action while this Emergency Order is in effect, on any property in which the tenant is: i. a Small Business tenant of commercial property located within the City of Vancouver; and ii. the Small Business has not engaged in any act or omission constituting an imminent threat of damage to the property or to the health or safety of the public... Section 3. Inspection of Residential Property - Equipment Required. A.... every landlord, or landlord's agent, who enters the interior of residential rental property or a dwelling unit within the City of Vancouver for the purpose of conducting an inspection authorized under RCW 59.18, shall: i. Wear personal protective equipment (PPE) including, at a minimum, a face mask, gloves, and disposable shoe coverings at all times during the inspection...; ii. Adhere to social distancing requirements recommended by the Centers for Disease Control and Prevention (CDC) and Clark County Department of Public Health.... Section 4. Duration. Unless modified, extended or terminated by the Vancouver City Council or Vancouver City Manager, this Emergency Order is hereby effective immediately and shall remain in effect until April 30, 2020, at 23:59 hours.

Enforcement

Conduct declared 'unlawful' under VMC ch. 2.12; affirmative defense in foreclosure and unlawful detainer actions (§§ 1.A, 2.A)

Notes

Recitals record the City's Declaration of Civil Emergency No. 2020-01 (Mar. 13, 2020, 14:30), Resolution M-4061 (Mar. 16, 2020), the Governor's Proclamation 20-19 (eviction moratorium) and the 'Stay Home, Stay Healthy' Proclamation's 'temporary restrictions on the provisions of services' as the basis for the small-business protection; also orders that EOs 2020-02 through 2020-07 'remain in full force and effect.' Clark County: 131 positives of 1,203 tested as of Apr. 3, 2020.

Retrieval note

Full order text (five pages).