260 P.3d 900
Wash. Ct. App.2011Background
- SHA, a public housing authority, sued Bin for unlawful detainer after a grievance hearing dispute over rent underpayments.
- Bin, a Somali immigrant tenant, had received a rent reduction during 2005–2006 for her husband’s absence and was later charged $5,867.
- In 2009, SHA served a 10-day notice to pay or vacate and indicated the lease would not be renewed.
- Bin requested a grievance hearing; hearing was scheduled and rescheduled due to pregnancy; Bin sought continuances which were denied; hearing officer Weldon denied the continuance and ruled for SHA.
- SHA then filed unlawful detainer in King County Superior Court; Bin moved for summary judgment claiming improper continuance and ex parte contact; Saylors compliance issue was raised but not resolved on translation.
- Bin prevailed by having the unlawful detainer action dismissed, and the lease provision allowed prevailing-party attorney fees; the trial court awarded Bin fees and costs on appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether fees may be awarded when an unlawful detainer action is dismissed | SHA: dismissal defeats jurisdiction and precludes fees | Bin: dismissal allowed but fees may be awarded if authorized by lease or statute | Yes; prevailing-party fees awarded under the lease. |
| Whether dismissal due to procedural irregularities affects the court’s subject matter jurisdiction | SHA: procedural defects negate jurisdiction | Bin: jurisdiction exists; defects go to due process, not subject matter jurisdiction | No; jurisdiction remains; dismissal based on due process, not lack of subject matter jurisdiction. |
| Whether Tacoma Rescue Mission approach should control over Kirby on subject matter jurisdiction in unlawful detainer cases | SHA: Kirby controls; procedural defects bar jurisdiction | Bin: Tacoma Rescue Mission adopted; jurisdiction unaffected by procedural missteps | Tacoma Rescue Mission approach adopted; noncompliance affects process, not jurisdiction. |
Key Cases Cited
- Kirby v. Housing Authority, 154 Wash.App. 842 (2010) (dismissal for procedural irregularity; fees under statutory authority only)
- Tacoma Rescue Mission v. Stewart, 155 Wash.App. 250 (2010) (proper disposition when notice is inadequate; jurisdiction remains but action may be dismissed for due process)
- Christensen v. Ellsworth, 162 Wash.2d 365 (2007) (noncompliance prevents the court from exercising subject matter jurisdiction under statutory method of process)
- Granat v. Keasler, 99 Wash.2d 564 (1983) (unlawful detainer is a summary procedure; jurisdiction limited to statutorily authorized issues)
- Saylors (Housing Authority v. Saylors), 19 Wash.App. 871 (1978) (compliance with federal regulations and grievance procedures is due process prerequisite to enforcement)
- Young v. Clark, 149 Wash.2d 130 (2003) (broad constitutionally granted jurisdiction over real property disputes)
- Williams v. Leone & Keeble, Inc., 171 Wash.2d 726 (2011) (discussion on judgments and non-jurisdictional defects)
- Sprint Spectrum, LP v. Dep't of Revenue, 156 Wash.App. 949 (2010) (regarding treatment of jurisdictional concepts in judgments (concurring opinion))