386 P.3d 711
Wash.2016Background
- Tenants Brown and Wahleithner received an eviction notice under Seattle's Just Cause Eviction Ordinance (JCEO), SMC 22.206.160(C)(1)(e), asserting the landlords’ immediate-family occupancy intent.
- Tenants suspected the reason was pretextual, complained to the City, and landlords filed the certification of intent required by SMC 22.206.160(C)(4).
- Landlords then sued for unlawful detainer in King County Superior Court and sought a show-cause hearing and writ of restitution.
- At the show-cause hearing tenants offered declarations and asked for a trial on just cause; the commissioner set a trial date, but the superior court revised that ruling, struck the trial, and granted the writ, reasoning the filed certification was dispositive.
- The Court of Appeals affirmed; the Washington Supreme Court granted review limited to whether tenants were entitled to a trial to contest just cause after the landlord filed the certification.
Issues
| Issue | Plaintiff's Argument (Tenants) | Defendant's Argument (Landlords) | Held |
|---|---|---|---|
| Whether a landlord's certification under SMC 22.206.160(C)(4) is dispositive in an unlawful detainer showing just cause, barring consideration of contrary evidence at the show-cause hearing | Certification is not dispositive; tenant must be allowed to challenge the landlord's asserted reason for eviction at the show-cause hearing | Certification should be treated as conclusive for purposes of the unlawful detainer proceeding, leaving only post-eviction remedies for tenants | The certification is not dispositive; tenants may present evidence contesting just cause at the show-cause hearing and the court may consider that evidence |
| Entitlement to attorney fees on appeal under RCW 59.18.290(2) | Tenants sought fees if they prevail on appeal | Landlords sought fees below and on appeal as prevailing party | Because tenants prevailed in the Supreme Court, landlords' fee award reversed; tenants may seek fees on remand if they ultimately prevail in the underlying action |
Key Cases Cited
- Christensen v. Ellsworth, 162 Wn.2d 365 (Washington 2007) (describing unlawful detainer as expedited statutory proceeding)
- Densley v. Dep’t of Ret. Sys., 162 Wn.2d 210 (Washington 2007) (remedial statutes construed liberally)
- Jametsky v. Olsen, 179 Wn.2d 756 (Washington 2014) (liberal construction of remedial statutes)
- Housing Auth. v. Silva, 94 Wn. App. 731 (Washington Ct. App. 1999) (tenant may raise lack of just cause as defense)
- Leda v. Whisnand, 150 Wn. App. 69 (Washington Ct. App. 2009) (show-cause hearing must provide meaningful opportunity to be heard)
- Rabon v. City of Seattle, 135 Wn.2d 278 (Washington 1998) (standards for preliminary injunction referenced in analogy to show-cause proceedings)