Wash. Court of Appeals published opinion — D2 47696-7-II Published Opinion.pdf

DIVISION II
KITSAP COUNTY CONSOLIDATED No. 47696-7-II
HOUSING AUTHORITY dba HOUSING
KITSAP,

Respondent,

v. PUBLISHED OPINION

KIMBRA HENRY-LEVINGSTON,

Appellant.

MAXA, A.C.J. – Kimbra Henry-Levingston appeals the trial court’s ruling that she was in

unlawful detainer of her federally subsidized apartment. Kimbra1 rented her apartment from

Kitsap County Consolidated Housing Authority (known as “Housing Kitsap”), a public housing

authority (PHA) that owns and manages subsidized housing. Housing Kitsap lawfully

terminated Kimbra’s lease effective at the end of the lease term because she violated certain

lease provisions. Housing Kitsap then brought this unlawful detainer action under RCW

59.12.030(1), which allows a landlord to file an unlawful detainer action without providing an

opportunity to cure against a “holdover” tenant who remains in leased premises after the lease

term ends.

1
During the relevant period prior to litigation, the appellant’s name changed from Kimbra Henry
to Kimbra Henry-Levingston. Both parties refer to her as Kimbra, and we do the same. We
mean no disrespect.
             

No. 47696-7-II

Kimbra argues that a combination of federal public housing law and Washington

unlawful detainer law required Housing Kitsap to give her an opportunity to cure her lease

violations before filing an unlawful detainer action. She relies on 42 U.S.C. § 1437d(l)(1), which

requires a PHA lease to automatically renew at the end of its term with one inapplicable

exception. She claims that under this provision, her lease still renewed automatically even after

Housing Kitsap terminated it. If Kimbra’s lease renewed, RCW 59.12.030(4) would require