Faciszewski v. Brown, 187 Wash. 2d 308 (2016)

Citation: Faciszewski v. Brown, 187 Wash. 2d 308 (2016)
Parent Document: Faciszewski v. Brown, 187 Wash. 2d 308 (2016)
Jurisdiction: Washington (state)
Effective Date: 2016-12-22
Original Source: https://www.courtlistener.com/opinion/4911050/faciszewski-v-brown/ ↗

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¶22 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 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, we interpret it liberally to accomplish this purpose.9 See Jametsky, 179 Wn.2d at 763.

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