385 P.3d 188
Wash. Ct. App.2016Background
- Kimbra Henry‑Levingston signed a 12‑month federally subsidized lease with Housing Kitsap beginning January 10, 2014; the lease listed December 31, 2014 as the end of the initial term and stated it "shall automatically be renewed for successive terms of 12 months."
- Housing Kitsap discovered Kimbra was allowing Gregory Levingston (a registered sex offender) to reside at the unit and that she had utility delinquencies; it sent a 30‑day termination notice effective December 31, 2014 and advised her of the right to a grievance hearing.
- Kimbra pursued informal and formal grievance hearings; the hearing officer upheld the termination as lawful under federal public‑housing rules.
- Housing Kitsap filed an unlawful detainer action on January 9, 2015, alleging Kimbra held over after the lease term ended; Kimbra argued the lease automatically renewed under 42 U.S.C. § 1437d(l)(1) and that RCW 59.12.030(4) therefore required notice and an opportunity to cure.
- The trial court found Kimbra breached the lease, concluded the termination was lawful and prevented automatic renewal, held Kimbra was a holdover on January 1, 2015, and awarded possession and fees; the Court of Appeals affirmed.
Issues
| Issue | Plaintiff's Argument (Kimbra) | Defendant's Argument (Housing Kitsap) | Held |
|---|---|---|---|
| Whether a PHA lease that has been lawfully terminated nonetheless "automatically renews" under 42 U.S.C. § 1437d(l)(1) | The statute requires automatic renewal for all purposes, so termination does not prevent renewal; therefore the lease did not expire and RCW 59.12.030(4) (opportunity to cure) applied | A lawful termination prevents automatic renewal; once terminated the specified term ends and RCW 59.12.030(1) (holdover after expiration) governs | Held: Lawful termination prevents automatic renewal; lease expired Dec. 31, 2014 and RCW 59.12.030(1) applies |
| Whether federal regulations (24 C.F.R. § 966.6) or other federal notice rules required additional notice before filing unlawful detainer | Federal rules prohibit lease clauses allowing suit without notice, so Housing Kitsap must give notice before filing | The cited regulations restrict lease provisions, not the state unlawful detainer statute; Housing Kitsap’s lease contained no prohibited clause | Held: No federal violation; filing under RCW 59.12.030(1) without extra notice did not breach 24 C.F.R. § 966.6 |
| Whether terminating and evicting without an opportunity to cure violated due process or equal protection | Denying cure and filing under RCW 59.12.030(1) deprived procedural due process and treated similarly situated tenants differently | Housing Kitsap complied with federal notice and grievance procedures; termination with post‑term unlawful detainer does not violate Constitution | Held: No due process or equal protection violation; Kimbra had notice and a formal hearing before termination |
| Whether Housing Kitsap’s unlawful detainer filing was premature because the lease arguably ran to January 9, 2015 | The initial 12‑month term began Jan 10, 2014, so expiration was Jan 9, 2015 and filing on Jan 9 was premature | Housing Kitsap (and trial court) treated the lease term as running to Dec 31, 2014; the premature‑filing argument was not raised below | Held: Argument forfeited on appeal (not raised in trial court); court declined to consider prematurity claim |
Key Cases Cited
- State v. Westvang, 184 Wn. App. 1 (treats unchallenged factual findings as verities on appeal)
- Robel v. Roundup Corp., 148 Wn.2d 35 (de novo review for legal conclusions)
- Jametsky v. Olsen, 179 Wn.2d 756 (statutory interpretation principles)
- Christensen v. Ellsworth, 162 Wn.2d 365 (unlawful detainer is an expedited statutory remedy)
- FPA Crescent Assocs. v. Jamie's LLC, 190 Wn. App. 666 (distinguishing lease expiration from pre‑term termination)
- Housing Auth. v. Terry, 114 Wn.2d 558 (PHA must comply with state unlawful detainer procedure in evictions)
- Housing Auth. v. Bin, 163 Wn. App. 367 (PHA must follow federal procedural safeguards and grievance procedures)
- Housing Auth. v. Saylors, 19 Wn. App. 871 (PHA is a state actor and must provide elementary standards of fairness)