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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commander’s characterization. One landlord told her tenants that she had to evict

them because police told her she would be fined $1,000 a month otherwise. CP at

303. Police told those tenants to vacate the property by midnight and leave town.

CP at 304. Another tenant was forced to leave her home while pregnant, even

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For the current opinion, go to https://www.lexisnexis.com/clients/wareports/.
State v. City of Sunnyside, No. 101205-5 (González, C.J., concurring in part and dissenting in
part)

though her landlord said she did not want to evict her. CP at 769-70. The State

has offered evidence the landlord felt compelled to do so by the police. CP at 770.

The State has presented significant evidence that the city has, to no small

extent, inserted itself into the landlord/tenant relationship. See CP at 462, 661,

759, 769, 781. There is also significant evidence that the city and its agents

exercised this power in the face of domestic violence and to the detriment of

victims. CP at 591-92, 604-06, 665-67, 799. Evicting a tenant because they are

the victims of domestic violence is illegal and will often put the victim in a worse

position. RCW 58.18.580(2).

The State also offered other evidence that landlords were using the program

to do real harm. One tenant submitted a declaration that her landlord had pressured

her for sex. CP at 781. When the tenant declined, he called the police and falsely

accused her and her son of theft. CP at 781. The police came and ordered the

family to leave within two days without giving them the opportunity to go to court

and contest the grounds for their eviction in violation of tenant protections set forth

in chapter 58.18 RCW. CP at 782. If proved, a jury could find the police were