tenancy, Ms. Heston suffered financial hardship and applied for rental assistance through
the Community Action Center (CAC). The CAC approved Ms. Heston’s application for
the months of July through October 2021. The CAC then contacted Mr. Christensen to
discuss processing the rental payments. Mr. Christensen responded to the CAC’s request.
For the current opinion, go to https://www.lexisnexis.com/clients/wareports/.
No. 39271-6-III
Heston v. Christensen
As the payment agreement was being finalized, the CAC requested Mr. Christensen sign
a treasury rental assistance program rent payment agreement form (T-RAP). The T-RAP
form required Mr. Christensen to acknowledge the amount received from the CAC and
attest that “[n]o late fees or additional charges will be made for the months covered after I
receive the T-RAP payment.” Clerk’s Papers (CP) at 104.
Rather than signing the T-RAP form, Mr. Christensen responded to the CAC that
he was “THRU WITH YOU AND COMMUNITY ACTION CENTER PERTAINING
TO JULIE HARRIS [sic]. FINISHED!!!!” CP at 105. After Mr. Christensen refused to
accept payment from the CAC, he e-mailed Ms. Heston two letters demanding payment
of the late rent and threatening to take “ACTION AS PROVIDED BY RCW 59.18 AND
THE LEASE . . . IF FUNDS ARE NOT RECEIVED BY WEDNESDAY, JULY 14,
2021.” CP at 126. When asked in his deposition what he meant by “‘action as provided
by RCW 59.18,’” Mr. Christensen testified that he intended the statement to mean he
could proceed with an eviction or collection action. CP at 115.
In his letters to Ms. Heston, Mr. Christensen wrote that a late fee of $65 had been
added to her past due rent for July 2021 and demanded payment of $660. Ms. Heston