Wash. Court of Appeals published opinion — 389189_pub.pdf

Citation: Wash. Court of Appeals published opinion — 389189_pub.pdf
Jurisdiction: Washington (state)
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issues. Lascheid v. City of Kennewick, 137 Wn. App. 633, 642, 154 P.3d 307 (2007).

However, a trial court may resolve reasonableness as a matter of law if reasonable minds

could come to only one conclusion. Boyle v. Leech, 7 Wn. App. 2d 535, 539, 436 P.3d

393 (2019). “An accommodation is reasonable . . . if it does not cause a ‘fundamental

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For the current opinion, go to https://www.lexisnexis.com/clients/wareports/.

No. 38918-9-III
Kiemle & Hagood Co. v. Daniels

alteration in the nature of a [landlord’s] program’ or ‘undue financial and administrative

burdens.’” Josephinium Assocs., 111 Wn. App. at 623 (quoting Groner v. Golden Gate

Gardens Apartments, 250 F.3d 1039, 1044 (6th Cir. 2001)).

Ms. Daniels’s accommodation request was that K&H stop the eviction proceedings

to give her time to work with her attorney to find services to help clean her apartment.

Other courts have recognized that a request for “additional time to clean” can constitute

a reasonable request. McGary v. City of Portland, 386 F.3d 1259, 1261, 1264, 1269-70

(9th Cir. 2004); see Douglas v. Kriegsfeld Corp., 884 A.2d 1109, 1120 (D.C. Cir. 2005)

(recognizing brief stay in eviction proceedings to allow additional time for disabled tenant

to conduct cleaning could constitute a reasonable accommodation); see also Andover

Hous. Auth. v. Shkolnik, 443 Mass. 300, 311-12, 820 N.E.2d 815 (2005) (rejecting the

idea that “indefinite” requests for more time are reasonable, but acknowledging that

delaying the typical eviction timetable can constitute a reasonable accommodation where

“no neighbors [are] seriously disturbed by the tenants’ behavior”).

Furthermore, we note that a reasonable accommodation may be requested up until