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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Sunrise Group Homes, Inc. v. Ferguson, 777 P.2d 553 (1989)

Citation
Sunrise Group Homes, Inc. v. Ferguson, 777 P.2d 553 (1989)
Parent Document
Sunrise Group Homes, Inc. v. Ferguson, 777 P.2d 553 (1989)
Jurisdiction
Washington (state)
Effective Date
1989-08-14

Full Text

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Under these criteria, a client at the Olivia Park facility has less supervision and assistance with daily living than does a client in a nursing home or hospital, WAC 388-15-562(l)(c), (d), yet the Olivia Park client still has a more structured environment and has more services provided than does the tenant in a traditional rental situation. Congregate care facilities, while not among the named living arrangements explicitly excluded from the RLTA such as licensed nursing homes, convents, and hospitals, RCW 59.18.040, do fall within the broader language of the exclusion for "[Residence at an institution, . . . where residence is merely incidental to detention or the provision of medical, religious, educational, recreational, or similar services . . ." RCW 59.18.040(1). This exclusion applies to any living arrangement where the tenant has a purpose for living there independent and apart from the basic requirements of shelter and amenities.