Know your rights during the COVID-19 pandemic

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You cannot be evicted if you cannot pay the rent

This applies to residential landlords (who rent you a place to live in) in Washington State only. Prior to April 17, a landlord may not try to evict you if you have not paid the rent. A landlord may not serve you with a notice of unlawful detainer. A landlord may not go to court to get a writ against you for not paying the rent. Info: washingtonlawhelp.org/resource/coronavirus-you-cannot-be-evicted-if-you-cannot-pay-the-rent?ref=tThvt

Paid family and medical leave

It is available when you need time off to care for yourself or a family member. Quarantine (as well as school closures and childcare closures) are not qualifying events under the program at this time, but if someone is sick with the virus they can of course get the medical certification and apply for the program. You do not have to be employed to receive Paid Family and Medical Leave benefits. Nearly every Washington worker can qualify for paid leave as long as you work a minimum of 820 hours (about 16 hours a week) in Washington during the qualifying period, which is about the last year. The 820 hours can be at one job or combined from multiple jobs. Info: paidleave.wa.gov/coronavirus/

Unemployment compensation

The state adopted a series of emergency rules to relieve the burden of temporary layoffs, isolation and quarantine for workers and businesses. Some of the most recent changes include:

- If you are laid off work as a result of the governor’s stay home order issued on March 23, you are eligible for unemployment benefits.

- When you apply for benefits, you should select “laid off” as your reason for separating from your employer. Choose "Company temporarily closed" from the secondary options.

- This does not apply to employees who are considered essential critical infrastructure workers, as outlined by the governor.

- Work search requirements are optional for all claimants until further notice.

- You can request standby status for up to 12 weeks.

- The one-week waiting period to be eligible for unemployment benefits is waived.

Info: esd.wa.gov/unemployment and esd.wa.gov/newsroom/covid-19

(Note: unemployment insurance benefits will be affected by the new federal legislation that was just enacted. See esd.wa.gov/newsroom/statement-federal-stimulus-proposal)

Apply for affordable health insurance by April 8, 2020

If you do not have health insurance, you now have until Wednesday, April 8 to enroll in coverage through Washington Health plan finder. Contact their customer support center between 7:30 a.m. to 5:30 p.m. weekdays at 855/923-4633 or TTY: 855/627-9604. You will ask for the Special Enrollment Plan (SEP), and select a plan for coverage start date beginning April 1, 2020. Info: washingtonlawhelp.org/resource/apply-for-affordable-health-insurance-by-april-8-2020?ref=tThvt

Health insurance coverage for testing

Medicare: Medicare Part B (Medical Insurance) covers a test to see if you have coronavirus. This test is covered when your doctor or other health care provider orders it and if you got the test on or after February 4, 2020. You usually pay nothing for Medicare-covered clinical diagnostic laboratory tests. Info: medicare.gov/medicare-coronavirus

Other insurance: Washington State Insurance Commissioner Kreidler has ordered all health plans regulated by his office to cover testing for COVID-19 and the associated office visit and lab testing without copays or deductibles. His emergency order is in effect from March 5 until May 4, 2020. State-regulated health plans include individual health plans, small employer health plans and some large employer plans. His order does not apply to employer plans that are self-funded, Medicaid, Medicare, federal employee health plans or health plans for members of the military or veterans. Info: insurance.wa.gov/health-insurance-and-coronavirus-covid-19-frequently-asked-questions

Mortgage help for homeowners impacted by the coronavirus

Fannie Mae, Freddie Mac (the Enterprises) and the Federal Home Loan Banks are taking steps to help people who have been impacted by the coronavirus. If your ability to pay your mortgage is impacted, and your loan is owned by Fannie Mae or Freddie Mac, you may be eligible to delay making your monthly mortgage payments for a temporary period, during which:

- You won’t incur late fees.

- You won’t have delinquencies reported to the credit bureaus.

- Foreclosure and other legal proceedings will be suspended

If you have trouble catching up at the end of this temporary relief period, additional assistance may be available. You can work with your servicer to resume making a mortgage payment. Or if you need additional assistance, you can work with your servicer on other foreclosure prevention options to keep your home. Contact your mortgage servicer (the company where you send your monthly payments) as soon as possible to let them know about your current circumstances. Info: fhfa.gov/Homeownersbuyer/MortgageAssistance/Pages/Coronavirus-Assistance-Information.aspx

Puget Sound Energy (PSE) Covid-19 response

PSE will not be disconnecting customers for non-payment during this time.

During Governor Inslee’s “Stay Home – Stay Healthy” order, PSE will only respond to emergency and make-safe situations which require restoration of power or natural gas such as outages, natural gas leaks/odors and low-hanging wire. PSE will work with customers on options such as payment plans and choosing a new bill due date.

PSE has an energy assistance portal to facilitate access to funds available to income qualified customers. Info: pse.com/press-release/details/learn-about-our-covid-19-response-plan

Federal government $2 trillion government stimulus package

This legislation has just been signed into law, so it is not covered here.

Avoid coronavirus scams

Here are some tips to help you keep the scammers at bay:

- Hang up on robocalls. Don’t press any numbers. Scammers are using illegal robocalls to pitch everything from scam Coronavirus treatments to work-at-home schemes. The recording might say that pressing a number will let you speak to a live operator or remove you from their call list, but it might lead to more robocalls.

- Ignore online offers for vaccinations and home test kits. Scammers are trying to get you to buy products that aren’t proven to treat or prevent the Coronavirus disease 2019 (COVID-19) – online or in stores. At this time, there also are no FDA-authorized home test kits for the Coronavirus. Visit the FDA to learn more.

- Fact-check information. Scammers, and sometimes well-meaning people, share information that hasn’t been verified. Before you pass on any messages, contact trusted sources. Visit What the U.S. Government is Doing for links to federal, state and local government agencies.

- Know who you’re buying from. Online sellers may claim to have in-demand products, like cleaning, household, and health and medical supplies when, in fact, they don’t.

- Don’t respond to texts and emails about checks from the government. The details are still being worked out. Anyone who tells you they can get you the money now is a scammer.

- Don’t click on links from sources you don’t know. They could download viruses onto your computer or device.

- Watch for emails claiming to be from the Centers for Disease Control and Prevention (CDC) or experts saying they have information about the virus. For the most up-to-date information about the Coronavirus, visit the Centers for Disease Control and Prevention (CDC) and the World Health Organization (WHO).

- Do your homework when it comes to donations, whether through charities or crowdfunding sites. Don’t let anyone rush you into making a donation. If someone wants donations in cash, by gift card, or by wiring money, don’t do it.

Info: consumer.ftc.gov/features/coronavirus-scams-what-ftc-doing

If you have questions

If you have questions about the above, please contact the Point Roberts Drop In Legal Clinic. While the monthly drop in clinic – usually held in the library – has been suspended indefinitely, you can call Richard Dennis at 360/945-1436 or email rgdennis7@yahoo.com.

The information provided above is accurate as of March 30. It is subject to change, because our world is changing rapidly.

This posting is not legal advice, but rather our summary of the latest changes in the law to the best of our understanding. Please refer to the sources named for the most accurate information.

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