115 Wn.2d 506, 516, 799 P.2d 250 (1990). In response to a motion for summary
judgment, the nonmoving party may not rely on speculation or having its own affidavits
accepted at face value. Seven Gables Corp. v. MGM/UA Entm’t Co., 106 Wn.2d 1, 13,
721 P.2d 1 (1986). Instead, the nonmoving party must put “forth specific facts that
sufficiently rebut the moving party’s contentions and disclose that a genuine issue as to a
material fact exists.” Id. An appellate court may affirm summary judgment on any basis
supported by the record. Swinehart v. City of Spokane, 145 Wn. App. 836, 844, 187 P.3d
345 (2008).
COUNT 1 − SOURCE OF INCOME DISCRIMINATION
Mr. Christensen assigns error to the trial court’s conclusion that his failure to
accept payment from the CAC constituted source of income discrimination. Mr.
Christensen claims he was not obligated to sign the T-RAP form as acceptance of the
terms would preclude him from assessing fees and additional charges on the unpaid rent.
6
For the current opinion, go to https://www.lexisnexis.com/clients/wareports/.
No. 39271-6-III
Heston v. Christensen
According to Mr. Christensen, RCW 59.18.255 does not require a landlord accept rental
payments if acceptance would impose additional conditions on the landlord.
RCW 59.18.255(1) prohibits landlords from, among other acts, attempting to
discourage the rental or lease of any real property to a current tenant based on the tenant’s
source of income. “‘Source of income’ includes benefits or subsidy programs such as
housing assistance, public assistance, emergency rental assistance, veterans benefits,
social security, supplemental income or other retirement programs, and other programs
administered by any federal, state, local, or nonprofit entity.” RCW 59.18.255(5)