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Wash. Supreme Court published opinion — 1029055.pdf

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Wash. Supreme Court published opinion — 1029055.pdf
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Washington (state)
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Gregory, 501 U.S. at 460-61. Subsection 9058(c) implicates a State’s authority to craft

landlord-tenant law and the regulation of housing within a state. Though rental housing

has been “increasingly regulated” by Congress, states retain the broad power to regulate

their own landlord-tenant relationships. Silver v. Rudeen Mgmt. Co., 197 Wn.2d 535,

543, 484 P.3d 1251 (2021); Loretto, 458 U.S. at 440 (“[t]his Court has consistently

affirmed that States have broad power to regulate housing conditions in general and the

landlord-tenant relationship in particular”).

Knight points out that other courts have questioned the broad application of the

clear statement rule as set out in Gregory. Pet’r Andre Knight’s Suppl. Br. at 5-7 (citing

Gila River Indian Cmty. v. United States, 729 F.3d 1139, 1152 (9th Cir. 2013) (“In

Gregory v. Ashcroft, the Court does not indicate that the clear statement rule applies to

any and all regulation of state governmental functions.”); Arizona v. Inter Tribal Council

of Ariz., Inc., 570 U.S. 1, 14, 133 S. Ct. 2247, 186 L. Ed. 2d 239 (2013) (declining to

apply Gregory in a preemption challenge to Congress’s authority under the elections

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For the current opinion, go to https://www.lexisnexis.com/clients/wareports/.
Hous. Auth. v. Knight, No. 102905-5

clause)). Despite some lower court uncertainty as to what constitutes a state function

under Gregory, the Supreme Court recognizes the applicability of the clear statement rule

to statutes touching on areas of “traditional state responsibility,” Bond, 572 U.S. at 858

(citing Gregory, 502 U.S. at 460), such as the landlord-tenant relationship. E.g., Loretto,

458 U.S. at 440. Significantly, in 2021, the Court applied the major questions doctrine to