Rental Housing Assoc., App/x-resps V. City Of Seattle, Resp/x-app (2022)

Citation: Rental Housing Assoc., App/x-resps V. City Of Seattle, Resp/x-app (2022)
Parent Document: Rental Housing Assoc., App/x-resps V. City Of Seattle, Resp/x-app (2022)
Jurisdiction: Washington (state)
Effective Date: 2022-06-21
Original Source: https://www.courtlistener.com/opinion/10798180/rental-housing-assoc-appx-resp... ↗

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“Any county, city, town or township may make and enforce within its limits
                all such local police, sanitary and other regulations as are not in conflict
                with general laws.” Const. art. XI, sec. 11. “[A] state statute preempts an
                ordinance on the same subject if the statute occupies the field, leaving no
                room for concurrent jurisdiction, or if a conflict exists such that the statute
                and the ordinance may not be harmonized.” Lawson v. City of Pasco, 168
                Wn.2d 675, 679, 230 P.3d 1038 (2010). The Landlords here only argue
                conflict preemption, which “arises when an ordinance permits what state
                law forbids or forbids what state law permits.” Id. at 682. An ordinance is
                constitutionally invalid if it “directly and irreconcilably conflicts with the
                statute.” Brown v. City of Yakima, 116 Wn.2d 556, 561, 807 P.2d 353
                (1991). “If the two may be harmonized, however, no conflict will be
                found.” Lawson, 168 Wn.2d at 682. “[A] local ordinance may go further in
                its prohibition than state law.” Rabon v. City of Seattle, 135 Wn.2d 278,
                293, 957 P.2d 621 (1998). 1.      Eviction Bans

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