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Wash. Supreme Court published opinion — 900884.pdf

Citation
Wash. Supreme Court published opinion — 900884.pdf
Jurisdiction
Washington (state)
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provide enforcement mechanisms to cities, towns, counties, or municipal corporations

including the ability to advance relocation funds to tenants who are displaced as a result

of a landlord's failure to remedy building code or health code violations and later to

collect the full amounts of these relocation funds, along with interest and penalties, from

landlords." Id. The statute's plain language and the legislature's express provision of

"funds for relocation" cannot legitimately be stretched to include emotional distress

damages.

Segura cites Rasor v. Retail Credit Co., 87 Wn.2d 516, 554 P.2d 1041 (1976), and

Martini v. Boeing Co., 137 Wn.2d 357, 971 P.2d 45 (1999), for the proposition that actual

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No. 90088-4

damages includes damages for emotional distress. But Rasor concerned damages

available under the Fair Credit Reporting Act (FCRA), 15 U.S.C. §§ 1681-1681x, whose

purpose is '"to protect an individual from inaccurate or arbitrary information about

himself in a consumer report that is being used as a factor in determining the individual's

eligibility for credit, insurance or employment."' Rasor, 87 Wn.2d at 520 (quoting

Porter v. Talbot Perkins Children's Servs., 355 F. Supp. 174, 176 (S.D.N.Y. 1973)).

Martini addressed claims of discrimination under Washington's Law Against

Discrimination (WLAD) (chapter 49.60 RCW). See Martini, 137 Wn.2d at 366-68. The

purpose ofWLAD is to protect the "public welfare, health, and peace of the people"

because "discrimination threatens [their] rights and proper privileges." RCW 49.60.010.

Both the FCRA and WLAD guard against harm to the person. The inclusion of