Wash. Court of Appeals published opinion — 850318.pdf

Citation: Wash. Court of Appeals published opinion — 850318.pdf
Jurisdiction: Washington (state)
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Original Source: https://www.courts.wa.gov/opinions/pdf/850318.pdf ↗

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12 (citing Cockle v. Dep’t of Lab. & Indus., 142 Wn.2d 801, 808, 16 P.3d 583

(2001); Timberline Air Serv., Inc. v. Bell Helicopter-Textron, Inc., 125 Wn.2d 305,

312, 884 P.2d 920 (1994)). “‘However, a statute is not ambiguous merely

because of different conceivable interpretations.’” Smith v. Dep’t of Lab. &

Indus., 22 Wn. App. 2d 500, 507, 512 P.3d 566 (quoting Bennett v. Seattle

Mental Health, 166 Wn. App. 477, 483-84, 269 P.3d 1079 (2012)), review denied,

200 Wn.2d 1013 (2022).

B

The United States Congress enacted the CARES Act on March 27, 2020

“in response to the economic disruption resulting from the COVID-19 pandemic.”

Pinzon, 24 Wn. App. 2d at 671-72.

At issue herein is a 30-day notice to vacate provision set forth in the

CARES Act bill, located within Section 4024, “Temporary Moratorium on Eviction

Filings.” That section reads, in pertinent part, as follows:

SEC. 4024 TEMPORARY MORATORIUM ON EVICTION FILINGS
(a) DEFINITIONS[7]. . .
....
(b) MORATORIUM.—During the 120-day period beginning on
the date of enactment of this Act, the lessor of a covered dwelling
may not—

7 Section 9058(a) sets forth the definition of “covered dwelling” to identify the manner and

type of housing to be affected by the provisions of subsections (b) and (c). See Pinzon, 24 Wn.
App. 2d at 672 (quoting 15 U.S.C. §§ 9058(a)(1), (2)(B)(i)). As applicable here, section (a) does
not define “notice” or “nonpayment of rent.” See 15 U.S.C. § 9058(a).

6
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No. 85031-8-I/7