6 Relying on this provision, Landlords argue that Tenants bear the burden of
showing the lack of just cause for eviction as an affinnative defense. Suppl. Br. ofResp'ts
at 8. Tenants counter that proof of just cause is part of Landlords' burden of proof at the
show cause hearing, pointing to SMC 22.206.160( C)( 1) 's language that the landlord "'shall
not evict or attempt to evict any tenant ... unless the owner can prove in court that just
cause exists."' Suppl. Br. of Pet'rs at 7 (alteration in original) (quoting SMC
22.206.160(C)(l). Resolution of this case does not depend on the burden of proof, as the
sole question here concerns whether the court in an unlawful detainer action can even
consider evidence relating to just cause once the landlord files the certification allowed
under SMC 22.206.160(C)(4).
7 We confine our review to interpreting the JCEO, as that is all the lower courts did.
Although at oral argument Landlords contended that the Court of Appeals considered the
substance of Tenants' evidence, their briefing suggests otherwise. See Suppl. Br. of
Resp'ts at 9 (arguing to affirm the Court of Appeals because the JCEO provides the tenant
with only two opportunities to challenge the landlord's reason for eviction: (l) the tenant
may complain to the City, in which case the landlord must file a certification, and (2) the
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For the current opinion, go to https://www.lexisnexis.com/clients/wareports/.
Faciszewski, et al. v. Brown, et al., 92978-5
operates in harmony with the RLTA and unlawful detainer procedures when SMC
22.206.160(C)(4) is read not to make the landlord's certification determinative of
"just cause." The purpose of the JCEO is best served by reading the remedies