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

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Wash. Court of Appeals published opinion — D2 47696-7-II Published Opinion.pdf
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unambiguous statutory language to do so.” In re Dependency of D.L.B., 186 Wn.2d 103, 119,

376 P.3d 1099 (2016). The purpose of this canon of construction is “to prevent obviously inept

wording from thwarting clear legislative intent.” Id.

2. Specified Term of PHA Lease

Initially, Kimbra argues that RCW 59.12.030(1) is inapplicable because her lease did not

have a specified term. RCW 59.12.030(1) applies if the tenant holds over after expiration of the

lease term. Kimbra claims that because under 42 U.S.C. § 1437d(l)(1) public housing leases

renew automatically, her lease had an indefinite term that never expired.

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No. 47696-7-II

However, this argument is inconsistent with the plain statutory language. The plain

language of 42 U.S.C. § 1437d(l)(1) mandates that PHA leases “have a term of 12 months.”

This language clearly provides for a specified term. We interpret statutes to give effect to all the

language used and without rendering any portion meaningless. Veit v. Burlington N. Santa Fe

Corp., 171 Wn.2d 88, 113, 249 P.3d 607 (2011). Interpreting 42 U.S.C. § 1437d(l)(1) as stating

that PHA leases have indefinite terms would render the phrase “have a term of 12 months”

superfluous.

Kimbra relies on FPA Crescent, where the landlord terminated a lease for failure to pay

rent in 2014 even though the lease’s expiration date was in 2021. 190 Wn. App. at 669. The

landlord argued that once the lease was terminated, the lease term expired. Id. at 676. Division

Three of this court disagreed, distinguishing expiration of the lease term from a landlord’s

unilateral lease termination before the specified term ended. Id. The court held that the landlord