S. Ct. 3164, 73 L. Ed. 2d 868 (1982) (noting that “[t]his Court has consistently affirmed that
States have broad power to regulate housing conditions in general and the landlord-tenant
relationship in particular”); Hous. & Redevelopment Auth. v. Lee, 832 N.W.2d 868, 873 (Minn.
Ct. App. 2013) (holding that “regulation of landlord-tenant relations is a traditional area of state
concern”), aff’d on other grounds, 852 N.W.2d 683 (Minn. 2014).
3
In 2018, Congress revived the PTFA of 2009, which originally expired in 2014. See Economic
Growth, Regulatory Relief, and Consumer Protection Act, Pub. L. No. 115-174, 132 Stat. 1296
(2018).
15
For the current opinion, go to https://www.lexisnexis.com/clients/wareports/.
Hous. Auth. v. Knight, No. 102905-5
(cautioning against reliance on “‘broad or general language’” (quoting Spector, 545 U.S.
at 139)). 4
The federal statutes Knight cites in support instead demonstrate that Congress is
aware of the clear statement rule and has shown its intent in statutory language to intrude
or not intrude on the sensitive topic of the landlord-tenant relationship. The PFTA
requires that “any foreclosure on a federally-related mortgage loan or on any dwelling or
residential real property” requires provision of “a notice to vacate to any bona fide tenant
at least 90 days before the effective date of such notice.” 123 Stat. at 1660-61, §
702(a)(1)-(2) (emphasis added). Subsection 12755(b) provides, “Any termination or
refusal to renew [a tenancy] must be preceded by not less than 30 days . . . of a written
notice.” 42 U.S.C. § 12755(b) (emphasis added). Importantly, §1437d(l)(4) requires a
public housing agency to provide adequate written notice when terminating a lease of 14