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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medical records and sworn testimony—that she has medical conditions constituting a

disability. And K&H undisputedly denied Ms. Daniels’s requested accommodation. Thus,

the parties’ dispute centers on whether Ms. Daniels sufficiently showed K&H knew or

reasonably should have known about her disability, whether her disability is related to the

grounds for unlawful detainer asserted by K&H, and whether Ms. Daniels’s requested

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

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

accommodation was reasonable.

a. Landlord’s knowledge or constructive knowledge of tenant’s
disability

The trial court ruled in K&H’s favor as to the knowledge element on the basis that

Ms. Daniels did not provide third-party verification of her disability. But such verification

is not invariably required. While Washington’s Law Against Discrimination (WLAD),

chapter 49.60 RCW, requires an interactive verification process in the employment

context, see RCW 49.60.040(7)(d), there is no similar mandate in the housing context.

Guidance from the United States Department of Justice and United States Department of

Housing and Urban Development states:

If a [tenant]’s disability is obvious, or otherwise known to the [landlord],
and if the need for the requested accommodation is also readily apparent or
known, then the [landlord] may not request any additional information
about the [tenant’s] disability or the disability-related need for the
accommodation.

JOINT STATEMENT OF THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT AND

THE DEPARTMENT OF JUSTICE: REASONABLE ACCOMMODATIONS UNDER THE FAIR

HOUSING ACT 12-13 (May 17, 2004) (Joint Statement) (emphasis added),