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INTERNAL PROTOTYPE — NOT LEGAL ADVICE — DO NOT SEND

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

Other Sections in This Document (51)

Full Text

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¶24 In the context of the JCEO, a show cause hearing is not meaningful if it does not provide a tenant with the opportunity to contest the landlord’s certification of just cause. The only opportunity to contest the certification appears to be at the show cause hearing, where a tenant has the “opportunity ... to contest the eviction.” SMC 22.206.160(C)(1). The JCEO does not specify what effect the filing of a certification has on the determination of just *322cause at a show cause hearing. Subsection (C)(4) addresses only the effect of not filing a certification, providing that “ [t] he failure of the [landlord] to complete and file such a certification after a complaint by the tenant shall be a defense for the tenant in an eviction action based on this ground.” In the context of the JCEO as a whole, it seems unreasonable to infer that the certification is otherwise dispositive of the determination of just cause.