State v. Schwab, 693 P.2d 108 (1985)

Citation: State v. Schwab, 693 P.2d 108 (1985)
Parent Document: State v. Schwab, 693 P.2d 108 (1985)
Jurisdiction: Washington (state)
Effective Date: 1985-01-11
Original Source: https://www.courtlistener.com/opinion/1172955/state-v-schwab/ ↗

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Senate Journal, 43d Legislature (1973), at 1006. Rejection of this amendment, however, does not support the majority's finding that the Legislature evinced an intent that landlord-tenant concerns not be covered by the Consumer Protection Act. Generally the rejection of an amendment indicates that the Legislature does not intend the legislation to include the provisions embodied in the rejected amendment. 2A C. Sands, Statutory Construction § 48.18, at 341 (4th ed. 1973). The language of the proposed amendment would have provided that any violation of the Residential Landlord-Tenant Act of 1973 would constitute a violation of the Consumer Protection Act. The Legislature simply rejected a per se basis for application of the Consumer Protection Act to residential landlord-tenant concerns which do not affect the public interest. See, e.g., Haner v. Quincy Farm Chems., Inc., 97 Wn.2d 753, 762, 649 P.2d 828 (1982); Moolick v. Lawson, 33 Wn. App. 665, 655 P.2d 1185 (1982). The Legislature did not evince an intent to prohibit the Attorney General (or private litigants) from proceeding under the Consumer Protection Act for egregious violations of the Residential Landlord-Tenant Act of 1973 affecting the public interest of ensuring safe and sanitary housing. See Anhold v. Daniels, 94 Wn.2d 40, *563 46, 614 P.2d 184 (1980); Salois v. Mutual of Omaha Ins. Co., 90 Wn.2d 355, 581 P.2d 1349 (1978).

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