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Sections:
(Ord.
115141
§ 2, 1990.)
Severability—
If any provision of this ordinance or its application to any person or circumstance
is declared illegal, the remainder of the ordinance or its application to other persons
or circumstances shall not be affected thereby.
(Ord.
115141
§ 5, 1990.)
Severability—
An earlier version of the Housing Preservation Ordinance was held to be unconstitutional.
San Telmo Associates v. Seattle,
108 Wn.2d 20, 735 P.2d 673 (1987);
R/L Associates v. Seattle,
113 Wn.2d 402, 780 P.2d 838 (1989). Followup actions for damages or refunds under 42
U.S.C. §1983 are
Sintra v. Seattle,
119 Wn.2d 1, 829 P.2d 765 (1992), and
Robinson v. Seattle,
119 Wn.2d 34, 830 P.2d 318 (1992).
The exemption of the Washington State Trade and Convention Center from certain housing
replacement requirements under an earlier version of the ordinance was valid.
Convention Center Coalition v. Seattle,
107 Wn.2d 370, 730 P.2d 636 (1986).
Editor's note—
Transition reimbursement rule.
Any tenant who 1) was determined eligible for relocation assistance before the effective
date of Ordinance
117094
, 2) has otherwise complied with the requirements of Ordinance
117094
, and 3) has received or will receive only the City of Seattle's share of relocation
assistance, One Thousand Seventy-one Dollars ($1,071.00), because of the suspension
of the owner payment requirement, shall be entitled to reimbursement from the City
of Seattle for any actual relocation costs incurred that exceed One Thousand Seventy-one
Dollars ($1,071.00). Provided, that the total relocation assistance (including what
the City previously paid) may not exceed Two Thousand One Hundred Forty-two Dollars
($2,142.00), that reimbursements shall be based only on actual documented expenses,
that reimbursements shall not be paid until final settlement of all claims or lawsuits
or potential claims or lawsuits that the tenant has against the City or its officers
or employees in connection with the application of SMC Chapter 22.210 to such relocation, and that reimbursements shall be reduced by any other funds paid
by any party (including voluntary payments by landlords) to such tenant for relocation
costs. For purposes of this provision, "relocation costs" includes only actual physical
moving costs and expenses, advance payments required for moving into a new residence
such as the cost of first and last month's rent and security and damage deposits (less
the amount of security and damage deposits returned from the landlord of the building
from which the tenant was displaced), utility connection fees and deposits, and increased
utility costs and rent for up to one (1) year.
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