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

Related Parts of This Source

1,766 chars

from several physical disabilities, including “degenerative disc disease, thyroid disease,

high blood pressure, hypoglycemia, and incontinence.” Id. at 173. She also claimed to

have lost eight inches of height in recent years: while she used to stand five feet, two

inches tall, Ms. Daniels currently stood four feet, six inches. As a result of Ms. Daniels’s

conditions, she had limited strength and tired easily. The accommodation request

explained that when Ms. Daniels moved into her apartment, the movers did not unpack

any of her belongings, and Ms. Daniels lacked the strength to do so herself. Ms. Daniels

lived alone and had no family in the area to help her. Ms. Daniels explained that her

physical limitations hindered her ability to perform basic housekeeping tasks and that

she could not afford to hire help.

The accommodation request reported Ms. Daniels intended to work with her

attorney to find resources to assist her with housekeeping and unpacking her belongings.

The request asked K&H to “rescind the eviction notices” and “dismiss the unlawful

detainer action,” which would “give [Ms. Daniels] time to obtain assistance in addressing

[K&H’s] concerns.” Id. at 172. The request cited Ms. Daniels’s disability, along with

state and federal law prohibiting housing discrimination against persons with disabilities.

It also served as a basis for one of Ms. Daniels’s affirmative defenses to K&H’s

6
For the current opinion, go to https://www.lexisnexis.com/clients/wareports/.

No. 38918-9-III
Kiemle & Hagood Co. v. Daniels

complaint.

Trial court proceedings

The trial court denied Ms. Daniels’s motion to dismiss and proceeded to the show

cause hearing. At the outset of the hearing, K&H’s counsel informed the court that his