impose any late fees or other charges against any tenant for the nonpayment of rent that
became due between March 1, 2020,” and December 30, 2021. In requesting Mr.
Christensen sign the T-RAP form, the CAC was not imposing additional conditions on
Mr. Christensen. Rather, the terms of the T-RAP form reflect statutory prohibitions
imposed on landlords. Consequently, Mr. Christensen’s rejection of payment from the
CAC on behalf of Ms. Heston constituted source of income discrimination under
RCW 59.18.255.
8
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No. 39271-6-III
Heston v. Christensen
COUNTS 2-9 – LATE FEE, TRAILING INTEREST, AND STATUTORY INTEREST
Mr. Christensen presents a three-fold challenge to the trial court’s conclusion
that his demand for interest on Ms. Heston’s unpaid rent constituted a violation of
RCW 59.18.625. First, Mr. Christensen contends the interest charge was not “a ‘late fee
or other charge for the non-payment of rent’” prohibited under RCW 59.18.625.
Appellant’s Initial Br. at 17. Secondly, Mr. Christensen claims he only issued one
demand for interest, not eight as alleged by Ms. Heston. Thirdly, Mr. Christensen argues
RCW 19.52.010 preempts RCW 59.18.625.
Governor’s proclamation 20.19.6 placed numerous restrictions on landlords
throughout the state of Washington. As discussed above, RCW 59.18.625(1) prohibited
landlords from assessing late fees or other charges on unpaid rent that became due
between March 1, 2020, and December 31, 2021.
In count 2 of her second amended complaint, Ms. Heston alleged Mr. Christensen
violated RCW 59.18.625 when he imposed a $65 late fee for nonpayment of her July
2021 rent. Although Mr. Christensen struggled at his deposition to confirm for what