Wash. Court of Appeals published opinion — 389189_pub.pdf

Citation: Wash. Court of Appeals published opinion — 389189_pub.pdf
Jurisdiction: Washington (state)
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Original Source: https://www.courts.wa.gov/opinions/pdf/389189_pub.pdf ↗

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IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON
DIVISION THREE

KIEMLE & HAGOOD COMPANY, a ) No. 38918-9-III
Washington corporation, as authorized )
agent for ST. CLOUD APARTMENTS, )
)
Respondent, )
)
v. ) PUBLISHED OPINION
)
MARIAM P. DANIELS a/k/a PHOEBE )
DANIELS, a single person, and all other )
subtenants, )
)
Appellant. )

PENNELL, J. — Kiemle & Hagood Company (K&H) initiated an action for

unlawful detainer against Mariam “Phoebe” Daniels, alleging she violated lease

provisions requiring her to keep her apartment clean and sanitary. Ms. Daniels answered

K&H’s complaint by disputing the allegations and asserting an affirmative defense of

failure to reasonably accommodate a disability. The trial court held a show cause hearing,

after which it granted K&H’s request for a writ of restitution and denied Ms. Daniels’s

request for a jury trial. According to the court, trial was unwarranted because there were

no substantial issues of material fact as to K&H’s right to possession. As to Ms. Daniels’s
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No. 38918-9-III
Kiemle & Hagood Co. v. Daniels

reasonable accommodation defense, the trial court concluded Ms. Daniels had neither

sufficiently verified she had a disability nor established the requested accommodation

was necessary or reasonable.

We reverse. While there is no dispute that K&H was entitled to a writ of

restitution, material issues of fact precluded the trial court from issuing final judgment.

Ms. Daniels raised genuine issues of fact regarding whether she was subject to eviction

on the grounds properly alleged by K&H. Furthermore, Ms. Daniels was not required to

supply third-party verification of her disability or her need for accommodation, based on