Wash. Supreme Court published opinion — 1012055.pdf

Citation: Wash. Supreme Court published opinion — 1012055.pdf
Jurisdiction: Washington (state)
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Original Source: https://www.courts.wa.gov/opinions/pdf/1012055.pdf ↗

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not specifically state the basis for the grant of summary judgment, we review each

ground raised by the defendants and reverse and remand on all claims except the

RLTA claim; on that claim we agree with the trial court and affirm the grant of

summary judgment.

FACTS AND PROCEDURAL HISTORY

A. Factual Background

1. The City’s CFRHP

The City established the CFRHP in 2010, stating the “goal of reducing crime

and improving the quality of life for residents of rental housing.” SUNNYSIDE

1
Ch. 59.18 RCW.
2
For the current opinion, go to https://www.lexisnexis.com/clients/wareports/.
State v. City of Sunnyside et al.
No. 101205-5

MUNICIPAL CODE (SMC) 5.02.030(A). The legislature authorizes CFRHPs for the

benefit of “the public health, safety, and welfare,” subject to certain requirements.

RCW 35.106.005, .020. CFRHPs should be “designed to reduce crime, drugs, and

gangs on rental housing premises under the supervision of the local police

department” without preventing people from obtaining housing simply due to

criminal history. RCW 35.106.010(1), .005. Under the City’s CFRHP, participating

landlords must require renters to sign a “crime-free lease/rental agreement

addendum” (agreement addendum), which lists crimes that constitute material

breach if committed or permitted by the resident on or near the rental property. SMC

5.02.030(A)(3). If the City’s police believe a crime has been committed at the

residence, they will issue a notice of noncompliance to the landlord. SMC

5.02.030(F). The landlord then must serve a notice to comply or quit to the residents

“and pursue all remedies . . . to terminate the tenancy and evict the residents.” Id.

Though the ordinance requires landlords to issue this notice within five days upon