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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opinion’s comments about the crime-free rental housing program (CFRHP). The CFRHP

is authorized by the legislature. RCW 35.106.020. Lawmakers stated their intent in

establishing this program is to encourage local governments, landlords, and tenants to

work together to provide crime-free rental housing, which it determined is “beneficial to

the public health, safety, and welfare.” RCW 35.106.005.

The legislature established this voluntary program after finding that several cities

in Washington had adopted similar programs. See FINAL B. REP. ON SECOND

ENGROSSED SUBSTITUTE S.B. 5742, at 1, 61st Leg., Reg. Sess. (Wash. 2010). This

indicates a desire for such programs and that its benefits led the legislature to
For the current opinion, go to https://www.lexisnexis.com/clients/wareports/.
No. 101205-5
(Madsen, J., concurring)

subsequently pass legislation creating the CFRHP. 1 The legislature appears to have acted

on the belief that both landlords and tenants benefit from these programs, which are

designed to reduce crime, drugs, and gang activity on rental properties. 2 Id. at 2. The

City of Sunnyside’s ordinance establishing the CFRHP has a stated goal of “reducing

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

MUNICIPAL CODE 5.02.030(A).

I do not think it is the court’s role to weigh in on the wisdom of such legislative

policies. Rousso v. State, 170 Wn.2d 70, 75, 239 P.3d 1084 (2010) (“It is not the role of

the judiciary to second-guess the wisdom of the legislature.”). The lead opinion says it is

providing context to support the allegation that Sunnyside’s CFRHP is being enforced in

a discriminatory manner. As context, the lead opinion refers generally to examples of