News & Insights2023-03-08T13:50:09-08:00

News & Insights

120 Day Rent Increase

On March 13, 2023, Bellingham City Council gave final approval to an ordinance that requires 120 days advance notice before any rent increases for residential units. This new requirement applies only to properties located within the city limits of Bellingham. The ordinance takes effect March 28, 2023. Currently, State [...]

March 22nd, 2023|

Aaron Haynes elected to serve as Chair-Elect for the Washington State Bar Association’s Young Lawyers Committee and as District Representative for Oregon and Washington to the American Bar Association’s Young Lawyers Division

The WSBA’s Young Lawyers Committee recently elected CSD associate Aaron Haynes to serve as its Chair-Elect for 2022-2023 and as District Representative to the ABA’s Young Lawyers Division for 2022-2024.  Aaron’s appointment comes after two years of serving as an At-Large Representative to the ABA Young Lawyers Division and [...]

December 9th, 2022|

Chmelik Sitkin & Davis P.S. Welcomes Attorney Conner A. Sapp

Conner graduated from the University of Denver Sturm College of Law in May 2020, then went on to clerk for the Honorable Timothy M. Churchwell of Minnesota’s Seventh Judicial District. Prior to graduating, Conner served as an extern to the Honorable David M. Furman of the Colorado Court of [...]

December 8th, 2022|

Frank Chmelik & Jon Sitkin selected to 2022 WA Super Lawyers list

Over the past thirty-eight years, the lawyers of Chmelik Sitkin & Davis have built a reputation for offering dependable, high-quality service to various individuals, corporations, and municipalities alike throughout Washington. While our CSD team continues to grow, we continue to hold the same values which have made our firm [...]

August 29th, 2022|

CSD Spotlight

Chmelik Sitkin & Davis is pleased to announce that Tim Schermetzler and Matt Paxton have become Principals. Tim focuses on municipal law, construction, land use, real estate, and litigation.  He joined Chmelik Sitkin & Davis in 2015 shortly after graduating from Gonzaga University School of Law. Matt’s practice focuses [...]

May 12th, 2022|

Chmelik Sitkin & Davis P.S. Welcomes Attorney Lily K. Hubbard

Lily is a graduate of the University of Washington School of Law, where she was a member of the Moot Court Honor Board and Associate Editor-in-Chief for the Washington International Law Review. Lily also gained invaluable experience while externing with the Honorable John C. Coughenour. Prior to joining Chmelik [...]

May 12th, 2022|

OPMA and PRA COVID-19 Requirements Rescinded Effective June 1, 2022

Tired of reminding speakers that they are trying to talk while “on mute” during a public meeting? For the past two years, there have been several emergency proclamations issued by Governor Inslee under the Proclamation 20-28 series mandating certain requirements for municipal agencies subject to the Open Public Meetings [...]

May 4th, 2022|

Updated Mask Requirements for Large Outdoor Events

On Monday, September 13, 2021, the State Secretary of Health has issued Order 20-03.5 which adds the requirement for people to wear face coverings when at outdoor events or gatherings attended by 500 or more people regardless of vaccination status. The Department of Health also strongly recommends that everyone [...]

September 14th, 2021|

The Mask Mandate is Back and Vaccinations Will be Required for Education and Childcare Providers – Will this Impact your Government Agency or Business?

Masks: On Wednesday, August 18, 2021, Governor Inslee announced a new statewide indoor mask mandate in response to the rising COVID19 hospitalization rates across the state. The mandate applies to everyone regardless of their vaccination status. The mandate will take effect Monday, August 23, 2021. The mask mandate will [...]

August 18th, 2021|

My Commercial Tenant has Filed for Bankruptcy. Now What?

As we are all now too aware, circumstances, whether health or financial, can change rapidly. In addition to impacting our personal lives, global events can impact drastically what was an otherwise productive business relationship. One example of the turmoil that can result from such an upheaval for a commercial landlord [...]

April 3rd, 2020|

Nondisclosure Agreements Update

Employers commonly require employees to sign agreements containing nondisclosure and/or non-disparagement provisions.  These provisions are most often found in employment contracts or severance agreements.  However, due to recent changes in the law, employers will want to immediately review their provisions to make sure they are compliant with the new [...]

November 1st, 2022|

Updates to the Industrial Stormwater General Permit

When the usual grey Washington weather turns to dry summertime in July and August, stormwater is likely the last thing on anyone’s mind.  That could become a problem for companies holding a newly updated Industrial Stormwater General Permit (“ISGP”). ISGPs are issued by the Washington State Department of Ecology (“Ecology”) [...]

July 28th, 2020|

BREAKING NEWS: SBA MODIFYING PPP RULES

On Monday, June 8, 2020, the Small Business Administration (SBA) issued a statement that they will be modifying the Paycheck Protection Program (PPP) to align with Congress’ amendments in the Paycheck Protection Program Flexibility Act. Take away:  The bottom line is that SBA will be issuing rules and guidance, a [...]

June 9th, 2020|

Paycheck Protection Program (PPP) Audits

The Coronavirus Aid, Relief, and Economic Security Act (CARES Act) established the Paycheck Protection Program (PPP), under which certain businesses could apply for loans, a portion of which is eligible for forgiveness through the Small Business Administration. As part of the application for the PPP funds, the borrower makes a [...]

June 8th, 2020|

BREAKING NEWS: REOPENING RESOURCE FOR BUSINESSES

The Association of Washington Business (AWB) in partnership with the State of Washington has established a AWB Rebound and Recovery website (https://www.reboundandrecovery.org/) to help Washington businesses reopen smoothly. The website has two main lines of effort: Reopening Tool Kit: AWB has developed customizable materials to support a business’ reopening by [...]

June 2nd, 2020|

BREAKING NEWS: PAYCHECK PROTECTION PROGRAM LOAN FORGIVENESS APPLICATION IS OUT

On Friday, May 15, 2020, the Small Business Administration (SBA), in consultation with the U.S. Department of Treasury, released the Paycheck Protection Program (PPP) Loan Forgiveness Application.  The link to the form/instructions is provided below. Background:  The PPP was created by the CARES Act to provide forgivable loans to eligible [...]

May 18th, 2020|

Long Term View on Short Term Rentals

Short term internet-based vacation rentals, such as AirBNB, and VRBO, are more popular than ever. Given the growing popularity of these short-term rentals, communities in Washington State with active tourism markets have been addressing how to regulate this emerging industry. Earlier this year, Washington State legislature enacted Chapter 64.37 [...]

December 18th, 2019|

Construction Law Update: Binding Subcontractors to Terms of a Prime Contract

A recent Washington court case indicates that contractors should take additional proactive steps to ensure that subcontracts are bound to the terms of prime contracts incorporated by reference in a subcontract.  Earlier this year, the Washington Court of Appeals for Division 1 issued an unpublished opinion in Edifice Construction Company, [...]

July 31st, 2020|

Nondisclosure Agreements Update

Employers commonly require employees to sign agreements containing nondisclosure and/or non-disparagement provisions.  These provisions are most often found in employment contracts or severance agreements.  However, due to recent changes in the law, employers will want to immediately review their provisions to make sure they are compliant with the new [...]

November 1st, 2022|

Mandatory COVID-19 Vaccination

Mandatory COVID-19 Vaccination *Updated April 8, 2021 With COVID-19 vaccination becoming more widely available, employers have started asking whether they can require employees to be vaccinated.  The answer is yes, with certain limitations.  For example, the employer may need to provide reasonable accommodations in the case of a disability or [...]

February 1st, 2021|

Managing Employees Return to Work After COVID-19 Pandemic – Food for Thought

The U.S. Equal Employment Opportunity Commission (EEOC) has released additional guidance for employers on what they can do when employees begin returning to work to balance a safe work environment with employment laws.  The publication can be found at: https://www.eeoc.gov/newsroom/eeoc-updates-covid-19-technical-assistance-publication The publication, entitled “What You Should Know About COVID-19 and [...]

May 8th, 2020|

Remote Working During COVID-19 Pandemic

Under Proclamation 20-05, employees who work for an essential business may continue to perform their duties at their normal worksite.  Even so, there may be prudent business reasons, or in some cases legal requirements (e.g., with high-risk workers) to have some employees perform their work remotely.   Businesses that have not [...]

May 6th, 2020|

Paycheck Protection Program Rules Need Monitoring

Late last week the IRS issued a rule that no deduction is allowed under the Internal Revenue Code for an expense that is otherwise deductible if the payment of the expense results in forgiveness of a covered loan pursuant to section 1106(b) of the Coronavirus Aid, Relief and Economic Security [...]

May 4th, 2020|

Updates to the Industrial Stormwater General Permit

When the usual grey Washington weather turns to dry summertime in July and August, stormwater is likely the last thing on anyone’s mind.  That could become a problem for companies holding a newly updated Industrial Stormwater General Permit (“ISGP”). ISGPs are issued by the Washington State Department of Ecology (“Ecology”) [...]

July 28th, 2020|

Division One Court of Appeals Finds that Wood Waste is a Hazardous Substance Under the Model Toxics Control Act that Could Require Contribution of Remediation Costs

By Brian Nadler of Chmelik Sitkin & Davis P.S. – September 2019 On August 19, 2019, the Division One Court of Appeals decided Port of Anacortes v. Frontier Industries, Inc., — P.3d —-, 2019 WL 3887412 (Div. 1 2019).  Chmelik Sitkin & Davis successfully represented the plaintiff, Port of [...]

September 11th, 2019|

Updating your Estate Planning During COVID-19

The COVID-19 has unsettled all of our lives. We are dealing with monumental change and uncertainty daily.   Many of our clients are calling to ask how they can update their estate plan during this public health crisis or how they can implement new estate planning that they have put off.    [...]

April 2nd, 2020|

Business Interruption Insurance for COVID-19 Claims

So, your business has shut down because it does not fall into one of the “essential” categories described by the State of Washington as it relates to the COVID-19 outbreak.  Your company has business interruption insurance but your broker has told you that it will not cover your lost business [...]

April 21st, 2020|

CDC Eviction Order

The Center for Disease Control and Prevention (“CDC”) has issued an order which temporarily halts residential evictions to prevent further spread of COVID-19. The order is effective September 4, 2020 through December 31, 2020. The CDC’s order applies only after the tenant provides their landlord with an executed declaration under [...]

September 14th, 2020|

Division One Court of Appeals Finds that Wood Waste is a Hazardous Substance Under the Model Toxics Control Act that Could Require Contribution of Remediation Costs

By Brian Nadler of Chmelik Sitkin & Davis P.S. – September 2019 On August 19, 2019, the Division One Court of Appeals decided Port of Anacortes v. Frontier Industries, Inc., — P.3d —-, 2019 WL 3887412 (Div. 1 2019).  Chmelik Sitkin & Davis successfully represented the plaintiff, Port of [...]

September 11th, 2019|

November 2022 Knowing the Waters – Incidents and Claims

By Frank Chmelik This month we will look at how a port should react to a reported personal injury or property damage claim on port property and how the port should expect to interface with the potentially injured party, the port’s insurance broker, the port’s insurance carrier and the [...]

December 5th, 2022|

Nondisclosure Agreements Update

Employers commonly require employees to sign agreements containing nondisclosure and/or non-disparagement provisions.  These provisions are most often found in employment contracts or severance agreements.  However, due to recent changes in the law, employers will want to immediately review their provisions to make sure they are compliant with the new [...]

November 1st, 2022|

September 2022 Knowing the Waters – Communicating Sensitive Information to Commissioners

By Frank Chmelik This month’s focus is on the “best practices” for communicating with commissioners between meetings.  Port staff frequently have information about potential tenants or customers or other sensitive information that is not public information, but they need to communicate it to commissioners and seek timely individual commissioner [...]

October 5th, 2022|

August 2022 Knowing the Waters – Delegation of Powers

By Frank Chmelik This month’s column is about “Delegation of Powers Resolutions” which was a lively topic at the recent executive directors’ seminar. Everyone would agree that the commissioners acting together as the port commission in an open public meeting really do govern port districts.  In a sense, the [...]

September 1st, 2022|

July 2022 Knowing the Waters – Controversial Meetings

By Frank Chmelik Here is a bit of a different topic.  Last week at the Commissioner Conference in Walla Walla we discussed strategies for contentious commission meetings.  It was an interesting discussion led by me and Commissioner Troy Stariha from the Port of Kalama.  It turns out, from the [...]

August 29th, 2022|

June 2022 Knowing the Waters – OPMA Amendments

By Frank Chmelik Following up on last month’s topic of “public comment” at commission meetings, this month we look at the recent changes to the Open Public Meetings Act which became effective June 9, 2022. In the last session, the Legislature passed Engrossed Substitute House Bill 1329 (“ESHB 1329”) [...]

July 6th, 2022|

November 2022 Knowing the Waters – Incidents and Claims

By Frank Chmelik This month we will look at how a port should react to a reported personal injury or property damage claim on port property and how the port should expect to interface with the potentially injured party, the port’s insurance broker, the port’s insurance carrier and the [...]

December 5th, 2022|

October 2022 Knowing the Waters – Annual Checklist

By Frank Chmelik I have recently received several requests to talk again about issues that a port commission or executive director may consider at year end or early next year.  The idea here is to list items, which should be looked after at least annually – call it an [...]

November 1st, 2022|

September 2022 Knowing the Waters – Communicating Sensitive Information to Commissioners

By Frank Chmelik This month’s focus is on the “best practices” for communicating with commissioners between meetings.  Port staff frequently have information about potential tenants or customers or other sensitive information that is not public information, but they need to communicate it to commissioners and seek timely individual commissioner [...]

October 5th, 2022|

August 2022 Knowing the Waters – Delegation of Powers

By Frank Chmelik This month’s column is about “Delegation of Powers Resolutions” which was a lively topic at the recent executive directors’ seminar. Everyone would agree that the commissioners acting together as the port commission in an open public meeting really do govern port districts.  In a sense, the [...]

September 1st, 2022|

July 2022 Knowing the Waters – Controversial Meetings

By Frank Chmelik Here is a bit of a different topic.  Last week at the Commissioner Conference in Walla Walla we discussed strategies for contentious commission meetings.  It was an interesting discussion led by me and Commissioner Troy Stariha from the Port of Kalama.  It turns out, from the [...]

August 29th, 2022|

June 2022 Knowing the Waters – OPMA Amendments

By Frank Chmelik Following up on last month’s topic of “public comment” at commission meetings, this month we look at the recent changes to the Open Public Meetings Act which became effective June 9, 2022. In the last session, the Legislature passed Engrossed Substitute House Bill 1329 (“ESHB 1329”) [...]

July 6th, 2022|

120 Day Rent Increase

On March 13, 2023, Bellingham City Council gave final approval to an ordinance that requires 120 days advance notice before any rent increases for residential units. This new requirement applies only to properties located within the city limits of Bellingham. The ordinance takes effect March 28, 2023. Currently, State [...]

March 22nd, 2023|

Residential Landlord Case Law and Statutory Updates

Landlords and tenants have a protected relationship here in Washington thanks to the Landlord-Tenant laws.  However, COVID-19 further changed the landscape and procedures for landlords wanting to evict their non-compliant tenants, and five proposed bills in the legislature may create even more limits and procedures for landlords when increasing [...]

March 3rd, 2023|

October 2022 Knowing the Waters – Annual Checklist

By Frank Chmelik I have recently received several requests to talk again about issues that a port commission or executive director may consider at year end or early next year.  The idea here is to list items, which should be looked after at least annually – call it an [...]

November 1st, 2022|

An End of the Eviction Moratorium is Near But More New Rules are on the Horizon for Landlords

After more than a year of operating under the Governor’s Evictions and Related Housing Practices Proclamation 20—19 et seq. (the “Governor’s Proclamation”), which significantly restricted residential landlords’ ability to raise rent, enforce rules, remove tenants, and collect delinquent rent and fees, there is some light at the end of [...]

May 20th, 2021|

CDC Eviction Order

The Center for Disease Control and Prevention (“CDC”) has issued an order which temporarily halts residential evictions to prevent further spread of COVID-19. The order is effective September 4, 2020 through December 31, 2020. The CDC’s order applies only after the tenant provides their landlord with an executed declaration under [...]

September 14th, 2020|

More Changes in Store for Residential Landlord Tenant Laws July 2020

A year after the legislature overhauled the Washington Residential Landlord Tenant Act (RLTA), Chapter 59.18 RCW, the legislature has again imposed new regulations impacting Washington residential landlord tenant laws. [For a summary of the July 2019 changes, see Article: Important Changes to Washington Residential Landlord Tenant Law].  The new 2020 [...]

July 2nd, 2020|
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