Wash. Supreme Court published opinion — 1012055.pdf

Citation: Wash. Supreme Court published opinion — 1012055.pdf
Jurisdiction: Washington (state)
Source verification: official_capture_completeness_unverified
Original Source: https://www.courts.wa.gov/opinions/pdf/1012055.pdf ↗

Related Parts of This Source

Full Text

1,737 chars

from the premises the tenant thereof except under a court order so authorizing.”

RCW 58.18.580(2) makes it unlawful for a landlord to “terminate a tenancy, fail to

renew a tenancy, or refuse to enter into a rental agreement based on the tenant’s or

applicant’s or a household member’s status as a victim of domestic violence,

sexual assault, or stalking.” The State has presented considerable evidence that the

4
For the current opinion, go to https://www.lexisnexis.com/clients/wareports/.
State v. City of Sunnyside, No. 101205-5 (González, C.J., concurring in part and dissenting in
part)

city and its agents have, either working with landlords or having effectively

stepped into the landlords’ position, violated both statutes.

Under the city code, all landlords in Sunnyside are effectively required to

participate in the crime-free rental housing program. Sunnyside Municipal Code

(SMC) 5.02.030(A)(3); CP at 494-97. Without any prior judicial review,

Sunnyside police are empowered to direct landlords to begin eviction proceedings.

SMC 5.02.030(F). All participating landlords are required to pledge, under penalty

of perjury, that they will participate in the program and serve an eviction notice

within three business days of being notified in writing to do so by the police. CP at

494-97. An appeal under the ordinance is available only to the landlord and is

made to the chief of police. SMC 5.02.030(F). Landlords who violate the program

can lose their right to rent property. SMC 5.02.060; CP at 495. According to a

news article, a police commander said, “‘This is not a voluntary program . . . this

has real penalties.’” CP at 449.

The State offered evidence—not yet tested in trial—that supported the