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

detainer action. The notice cited Levingston’s residence at the apartment and Kimbra’s failure to

stay current on her utility bills and subsequent decision to transfer her utility account to

Levingston as reasons for termination.2 The notice did not offer Kimbra a chance to cure the

alleged violations, but it informed her of her right under federal law to request a grievance

hearing.

Grievance Hearings

Kimbra requested an informal grievance hearing on her termination notice and submitted

letters from herself and other witnesses. A Housing Kitsap housing manager upheld the decision

to terminate Kimbra’s tenancy.

Kimbra then requested a formal grievance hearing, which was scheduled for December

16 before a hearing officer. The hearing officer considered documentation from Housing Kitsap

and heard testimony from several witnesses. The hearing officer upheld the termination

decision, concluding after reviewing all required policies and procedures in both the lease and

the Department of Housing and Urban Development (HUD) regulations that Housing Kitsap

could proceed with the termination of Kimbra’s tenancy.

2
The notice also alleged that Kimbra violated the lease by failing to submit a screening
application before allowing her sister and sister’s boyfriend to use the apartment to receive
federal benefits. The trial court found that Housing Kitsap did not prove this allegation.

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No. 47696-7-II

Unlawful Detainer Lawsuit

On January 9, 2015, Housing Kitsap filed a summons and complaint for unlawful

detainer. The complaint alleged that Kimbra had remained unlawfully on the premises after her

lease ended on December 31, 2014. Housing Kitsap obtained a show cause order requiring