Wash. Court of Appeals published opinion — 850318.pdf

Citation: Wash. Court of Appeals published opinion — 850318.pdf
Jurisdiction: Washington (state)
Source verification: official_capture_completeness_unverified
Original Source: https://www.courts.wa.gov/opinions/pdf/850318.pdf ↗

Related Parts of This Source

Full Text

1,786 chars

such are nonetheless superior to an equivocal writing drafted by staff members

who were not elected and who did not cast any votes in the enactment of the

CARES Act.

Thus, these later additions support the view that not only the 116th

Congress but also the 117th Congress saw the CARES Act as an economic

recovery and stabilization act and not as a means to make a general change to

all eviction actions nationwide. If we were to rely on either the CRS report or

subsequent enactments for an indicia of legislative intent, we would rely on those

congressional enactments, and not the equivocal staff report. In deciding this

matter, however, we should not consider the equivocal CRS report nor the

22
For the current opinion, go to https://www.lexisnexis.com/clients/wareports/.
No. 85031-8-I/23

subsequent legislative enactments of the 116th Congress or the 117th

Congress.12 None of those actions took place prior to the actual vote on the

CARES Act. Thus, they could not have influenced that vote. Moreover, as

discussed herein, the plain meaning of Section 4024 is clear, and we need not

resort to additional aids in statutory interpretation.

E

On January 9, 2024, Division II of this court published its opinion in

Pendleton Place, LLC, v. Asentista, No. 58118-3-II, (Wash. Ct. App. Jan. 9,

2024), http://www.courts.wa.gov/opinions/pdf/581183.pdf, which concluded that

the CARES Act requires 30 days’ notice for all eviction actions in dwellings

covered by the Act. There, a housing authority had issued Asentista a series of

10-day notices to vacate stemming from three instances that, the housing

authority determined, constituted a substantial breach of a material term in his

rental agreement. Asentista, slip op. at 2-3. In reversing and remanding the