SHERWOOD AUBURN LLC,
DIVISION ONE
Respondent,
No. 84119-0-I
v.
PUBLISHED OPINION
JOEL PINZON and ROSA MENDEZ,
Appellants.
DWYER, J. — When a landlord has accepted the financial benefits of
certain federal programs, Congress is authorized pursuant to the Constitution’s
Spending Clause1 to impose on that landlord rules, regulations, or restrictions
premised on the landlord’s participation in such a program. The Supremacy
Clause2 of the Constitution makes such laws paramount to those enacted by
state legislatures. In the federal CARES Act, 3 Congress mandated that landlords
who have accepted certain federal financial benefits must provide to tenants
living in covered housing units a 30-day notice to cure the rental payment
deficiency or vacate the premises before the landlord may commence an eviction
action.
1
U.S. CONST. art. I, § 8, cl. 1.
2
U.S. CONST. art. VI, cl. 2.
3
See Pub. L. No. 116-136, 134 Stat. 281 (2020); see also 15 U.S.C. § 9058.
For the current opinion, go to https://www.lexisnexis.com/clients/wareports/.
No. 84119-0-I/2
Here, the notice provided to tenants Joel Pinzon and Rosa Mendez by
landlord Sherwood Auburn LLC, did not comply with the federal CARES Act.
The landlord nevertheless filed an unlawful detainer action against the tenants.
Because Sherwood Auburn did not comply with the CARES Act notice
requirement, the superior court was without the authority to issue a writ of
restitution or enter judgment against Pinzon and Mendez. Accordingly, we
reverse the superior court’s order so doing.
I
Pinzon and Mendez began renting an apartment owned by Sherwood
Auburn in May 2019. They lived in the apartment with their four young children.
Pinzon has worked in construction his whole life. During the COVID-19