Wash. Supreme Court published opinion — 1029055.pdf

Citation: Wash. Supreme Court published opinion — 1029055.pdf
Jurisdiction: Washington (state)
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Original Source: https://www.courts.wa.gov/opinions/pdf/1029055.pdf ↗

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reading of the CARES Act notice provision would not be limited to state eviction regimes

but would abrogate sub silentio all other applicable federal eviction timelines. See Wash.

Sup. Ct. oral arg., supra, at 40 min., 40 sec. We disagree that Congress would abrogate a

wide range of federal eviction timelines without a plain indication of support in the

CARES Act.

We conclude that the statutory terms of the notice provision manifest Congress’s

intent to alter the balance of state and federal power for the limited reason of failure to

pay rent. See Gregory, 501 U.S. at 460. Accordingly, we affirm the Court of Appeals.

CONCLUSION

The plain language of § 9058(c) demonstrates Congress’s intent to limit the 30-

day notice to evictions for failure to pay rent. Related statutes, the context of the

provision, federal agency interpretation, and authorities from other jurisdictions reinforce

the plain language. Further, the clear statement rule requires Congress to make its intent

“unmistakably clear” when intruding on an area traditionally regulated by the states such

as the landlord-tenant relationship. That rule supports a narrower reading, limited to