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Wash. Supreme Court published opinion — 929785.pdf

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Wash. Supreme Court published opinion — 929785.pdf
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Washington (state)
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the landlords' actual intention to do so, the court found that the tenants failed to raise

a genuine issue of material fact. Id. Although N'Jie suggests that the tenant may

dispute the landlord's actual intentions before being evicted, the present case again

involves a distinct issue. Accordingly, N'Jie does not guide us in resolving this case.

Given the limited guidance in case law on the issue presented in this case, our

focus must be on reading the language of the ordinance in a commonsense manner.

We carefully examine the text in light of the stated purpose of the JCEO, which is

to "protect from eviction those tenants who may be subjected to misuse of those just

causes." Seattle Ordinance 117942, at 3 (Dec. 14, 1995). Indeed, the text of the

ordinance itself suggests that the city council intended to prevent "arbitrary

eviction[s]." SMC 22.200.020(D). In this regard, the JCEO should be understood

as remedial in nature. "'A remedial statute is one which relates to practice,

procedures[,] and remedies."' Densley v. Dep't of Ret. Sys., 162 Wn.2d 210, 223-

24, 173 P.3d 885 (2007) (quoting State v. McClendon, 131 Wn.2d 853, 861, 935

P.2d 1334 (1997) (plurality opinion)). "[W]e construe remedial statutes liberally in

accordance with the legislative purpose behind them." Jametsky v. Olsen, 179

-14-
For the current opinion, go to https://www.lexisnexis.com/clients/wareports/.
Faciszewski, et al. v. Brown, et al., 92978-5

Wn.2d 756, 763, 317 P.3d 1003 (2014). "The same rules of construction apply to

interpretations of municipal ordinances as to interpretations of state statutes." City

of Puyallup v. Pac. Nw. Bell Tel. Co., 98 Wn.2d 443, 448, 656 P.2d 1035 (1982).

Because the JCEO is a remedial ordinance designed to prevent arbitrary evictions,