"enter[s] an order directing the issuance of a writ of restitution." !d. Otherwise, the
3
RCW 59.18.370 states that residential landlords "may" request a show cause
hearing, but this provision has been interpreted as requiring residential landlords to afford
tenants such a hearing. See Indigo Real Estate Servs., Inc., v. Wadsworth, 169 Wn. App.
412, 421, 280 P.3d 506 (2012). In addition to the RLTA, the JCEO provides that a show
cause hearing is mandatory. SMC 22.206.160(C)(l) (a court may issue an order evicting
a residential tenant "only after the tenant has an opportunity in a show cause hearing to
contest the eviction").
-7-
For the current opinion, go to https://www.lexisnexis.com/clients/wareports/.
Faciszewski, eta!. v. Brown, eta!., 92978-5
court may deny the landlord's motion and "enter an order directing the parties to
proceed to trial." Id. In making this determination, the court must decide whether
"there is a substantial issue of material fact as to whether ... the [landlord] is entitled
to other relief as is prayed for in [the] complaint ... or [whether] there is a genuine
issue of a material fact pertaining to a legal or equitable defense." Id. 4
At the center of this case are provisions of Seattle's JCEO. The JCEO
provides:
Pursuant to provisions of the state [RLTA] (RCW 59.18.290), owners[SJ may
not evict residential tenants without a court order, which can be issued by a
court only after the tenant has an opportunity in a show cause hearing to
contest the eviction (RCW 59.18.380). Owners of housing units shall not