Case 2:18-cv-00736-JCC Document 71 Filed 05/07/20 Page 1 of 5 THE HONORABLE JOHN C. COUGHENOUR 1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 8 9 YIM, et al., Plaintiffs, 10 11 No. 2:18-cv-736-JCC MOTION FOR LEAVE TO FILE BRIEF OF GRE DOWNTOWNER LLC AS AMICUS CURIAE IN SUPPORT OF PLAINTIFFS’ MOTION FOR SUMMARY JUDGMENT AND IN OPPOSITION TO DEFENDANT’S CROSS MOTION FOR SUMMARY JUDGMENT v. 12 CITY OF SEATTLE, 13 Defendant. NOTE ON MOTION CALENDAR: May 22, 2020 14 15 16 17 18 19 20 21 22 23 24 25 I. INTRODUCTION GRE Downtowner LLC (“GRE”), a Washington limited liability company, submits this motion for leave to file a brief as amicus curiae in support of Plaintiffs’ motion for summary judgment and in opposition to Defendants’ cross motion for summary judgment. GRE is aware of the Court’s Minute Order (Dkt. No. 25) setting November 23, 2018 as the deadline for interested parties to file an amicus curiae brief, but it respectfully submits that because Seattle’s Fair Chance Housing Ordinance, SMC 14.09 (the “Ordinance”) at that time had been effective for less than a year, GRE did not have the data it now believes is relevant to the matters at issue. The Ordinance ` now has been effective for more than two years, and GRE respectfully submits the Court should have the opportunity to consider the stark change in circumstances for a Seattle landlord who owns 26 MOTION FOR LEAVE - 1 2:18-cv-736-JCC STOEL RIVES LLP 106312972.1 0069411-00041 ATTORNEYS 600 University Street, Suite 3600, Seattle, WA 98101 Telephone 206.624.0900 Case 2:18-cv-00736-JCC Document 71 Filed 05/07/20 Page 2 of 5 1 a federally assisted housing project and whose goal is to provide safe, clean, comfortable, stable, 2 and affordable housing for its tenants. 3 4 II. IDENTITY AND INTERESTS OF AMICUS CURIAE 5 GRE is the owner of a 254-unit apartment building in downtown Seattle called The 6 Addison on Fourth (“the Addison”). The Addison qualifies for federal low-income housing tax 7 credits, which means the units are leased to Seattle residents earning up to 60 percent of adjusted 8 median income and are subject to rent controls. Many tenants pay their rent with Housing Choice 9 Vouchers (formerly Section 8) and other rental assistance programs. GRE purchased the property 10 in 2012, invested millions of dollars in renovations that were in part federally funded, and the 11 project was a notable success from 2013 through 2017. Residents were observant of the rules and 12 long-term tenants rated highly the quality of the living experience. Over the past two years, that 13 picture has changed dramatically. Since the Ordinance went into effect, calls to 911 from the 14 building have more than doubled, fire alarms are set off randomly during the night, employees 15 have been assaulted, residents have sold drugs from their units, there was a stabbing, and the 16 hallways are littered with feces, trash, and used needles. Longtime residents are moving out, the 17 number of evictions has increased substantially, employee turnover is 400 percent, operating 18 expenses to try to keep the building safe and clean have skyrocketed, and employees now work in 19 teams because they are afraid to work alone. This has come about since GRE stopped obtaining 20 criminal background checks for prospective new tenants. 21 The Addison and its owner have been directly affected by the Ordinance. The Addison is 22 a federally assisted housing project that for several years was economically viable and a going 23 concern, but now is sustaining material losses so great that GRE may not be able to remain its 24 owner. To share its unique information and perspective about the Addison with the Court, GRE is 25 seeking leave to file an amicus curiae brief. 26 MOTION FOR LEAVE - 2 2:18-cv-736-JCC STOEL RIVES LLP 106312972.1 0069411-00041 ATTORNEYS 600 University Street, Suite 3600, Seattle, WA 98101 Telephone 206.624.0900 Case 2:18-cv-00736-JCC Document 71 Filed 05/07/20 Page 3 of 5 1 2 III. REASONS WHY GRE’S MOTION SHOULD BE GRANTED 3 As the Court has acknowledged, district courts have “broad discretion” regarding the 4 appointment of amici. See Order (Dkt. No. 49, at 2) (citing Hoptowit v. Ray, 682 F.2d 1237, 1260 5 (9th Cir. 1982), abrogated on other grounds by Sandin v. Conner, 515 U.S. 472 (1995)). District 6 courts frequently welcome amicus briefs from non-parties when the briefs “concern[] legal issues 7 that have potential ramifications beyond the parties directly involved” or when an amicus “has 8 ‘unique information or perspective that can help the court beyond the help that the lawyers for the 9 parties are able to provide.’” See id. (citing Skykomish Indian Tribe v. Goldmark, 2013 WL 10 5720053, slip op. at 1 (W.D. Wash. 2013); accord Rosas v. Sarbanand Farms, LLC, No. C18- 11 0112-JCC, 2019 WL 3428663, at *1 (W.D. Wash. July 30, 2019). 12 The Court should exercise its discretion to permit GRE to file the attached amicus brief. 13 As a landlord of federally assisted housing, GRE can provide information and perspective not 14 already provided by the parties and the other amici. 15 16 17 18 IV. CONCLUSION For the foregoing reasons, the Court should grant GRE’s motion, and permit GRE to file its Brief of GRE Downtowner LLC as Amicus Curiae in Support of Plaintiffs’ Motion for Summary Judgment and in Opposition to Defendants’ Cross Motion for Summary Judgment, a 19 copy of which is attached as Exhibit A. 20 21 22 23 24 25 26 MOTION FOR LEAVE - 3 2:18-cv-736-JCC STOEL RIVES LLP 106312972.1 0069411-00041 ATTORNEYS 600 University Street, Suite 3600, Seattle, WA 98101 Telephone 206.624.0900 Case 2:18-cv-00736-JCC Document 71 Filed 05/07/20 Page 4 of 5 1 DATED: May 7, 2020. STOEL RIVES LLP 2 3 s/ Jill D. Bowman Jill D. Bowman, WSBA No. 11754 jill.bowman@stoel.com 4 5 8 STOEL RIVES LLP 600 University Street, Suite 3600 Seattle, WA 98101 Telephone: 206.624.0900 Facsimile: 206.386.7500 9 Attorneys for GRE Downtowner LLC 6 7 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 MOTION FOR LEAVE - 4 2:18-cv-736-JCC STOEL RIVES LLP 106312972.1 0069411-00041 ATTORNEYS 600 University Street, Suite 3600, Seattle, WA 98101 Telephone 206.624.0900 Case 2:18-cv-00736-JCC Document 71 Filed 05/07/20 Page 5 of 5 CERTIFICATE OF SERVICE 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 I certify that on this day I electronically filed this document with the Clerk of the Court using the CM/ECF system which will send notification of such filing to: Brian T. Hodges Ethan W. Blevins Pacific Legal Foundation 255 South King Street, Ste. 800 Seattle, WA 98104 425-576-0484 bth@pacificlegal.org eblevins@pacificlegal.org Attorneys for Plaintiffs Melissa R. Lee Robert S. Chang Ronald A. Peterson Law Clinic 1112 E. Columbia St. Seattle, WA 98122 206-398-4394 leeme@seattleu.edu changro@seattleu.edu Attorneys for Amici Curiae Fred T. Korematsu Center for Law and Equality and ACLU-WA Hillary Madsen Kimberlee L. Gunning Nicholas Brian Allen Columbia Legal Services 101 Yesler Way, Ste. 300 Seattle, WA 98104-2552 206-464-0838 hillary.madsen@columbialegal.org kim.gunning@columbialegal.org nick.allen@columbialegal.org Attorneys for Amici Curiae Pioneer Human Services and Tenants Union of Washington Michael J. Saltz Jacobsen, Russell, Saltz, Nassim & De La Torre, LLP 1880 Century Park East, Suite 900 Los Angeles, CA 90067 msaltz@jrsnd.com 310-446-9900 and Jeffrey E. Bilanko Carroll, Biddle, & Bilanko, PLLC 801 2nd Avenue, Suite 800 Seattle, WA 98104 206-489-5549 jbilanko@cbblegal.com Attorneys for Amicus Curiae NCRA 16 17 18 19 20 21 Eric Dunn National Housing Law Project 919 E. Main Street, Ste. 610 Richmond, VA 23219 415-546-7000 ext. 3102 edunn@nhlp.org Attorney for Amici Curiae National Housing Law Project and Sargent Shriver National Center on Poverty Law Douglas E. Smith Littler Mendelson, P.C. 600 University Street, Suite 3200 Seattle, WA 98101-3122 206-623-3300 desmith@littler.com Attorneys for Amici Curiae CDIA/NAPBS 22 23 Dated May 7, 2020. 24 25 s/ Karrie Fielder Legal Assistant 26 MOTION FOR LEAVE - 5 2:18-cv-736-JCC STOEL RIVES LLP 106312972.1 0069411-00041 ATTORNEYS 600 University Street, Suite 3600, Seattle, WA 98101 Telephone 206.624.0900