Gray v. Pierce County Housing Authority

123 Wash. App. 744
CourtCourt of Appeals of Washington
DecidedAugust 31, 2004
DocketNo. 30552-6-II
StatusPublished
Cited by15 cases

This text of 123 Wash. App. 744 (Gray v. Pierce County Housing Authority) is published on Counsel Stack Legal Research, covering Court of Appeals of Washington primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Gray v. Pierce County Housing Authority, 123 Wash. App. 744 (Wash. Ct. App. 2004).

Opinion

Bridgewater, J.

The Pierce County Housing Authority (PCHA) and tenants participating in PCHA’s Housing Opportunities and Personal Education Program (HOPE) both appeal a summary judgment order. Additionally, PCHA appeals an order of final judgment awarding the tenants attorney fees. We hold that the tenants have failed to demonstrate a property interest, either by writing or mutual understanding, in the rental units such that PCHA could not terminate a tenancy except for cause. We also hold that PCHA’s HOPE program was not exempt from the Residential Landlord Tenant Act of 1973 as an "institution,” and thus, PCHA was not permitted to use nonjudicial, self-help methods to evict HOPE tenants. We reverse the trial court’s attorney fee award to Columbia Legal Services because the majority of the fees were for a preliminary injunction and for tenants who were not removed from their tenancy but remand for a determination of the portion of attorney fees related to a tenant who was removed from her tenancy. Accordingly, we affirm the rulings on summary judgment but reverse and remand the attorney fee award.

[748]*748PCHA is a municipal corporation created by Pierce County pursuant to chapter 35.82 RCW. PCHA was created to provide safe and affordable housing for low-income Pierce County residents, and it currently owns and operates apartment complexes located throughout Pierce County. Under RCW 35.82.080, PCHA must keep rents “at the lowest possible rates,” and it receives state assistance in the form of federal government subsidies and reduced rents in order to do so.

In 1995 and 1996, PCHA became concerned that increasing numbers of low-income applicants for housing were rejected during the screening process based upon their income and credit, rental, and criminal histories. PCHA developed an advisory council and sought input from community agencies in order to deal with this issue. PCHA determined that many of these applicants lacked various life skills that caused them to fail as tenants.

In 1997, PCHA created the HOPE program. Under this program, PCHA offered housing to individuals and families who, because of low income, bad credit, past evictions, or criminal history, could not obtain rental housing in the private or public sectors. PCHA did not receive any federal or state funds for the program, and, unlike PCHA’s regular tenants, HOPE participants did not receive federal or state subsidies for their housing.

The “H.O.P.E. PROGRAM POLICY” states that the program’s purpose was to “develop and administer an education and/or re-education program that would enable certain individuals that cannot obtain housing due to their inability to pass industry-wide standard criteria set forth in a tenant screening with an opportunity to secure affordable housing.” Clerk’s Papers (CP) at 780. In her declaration, deputy executive director for PCHA, Starla Warren, stated that prospective HOPE candidates were screened and interviewed for the program. Those accepted were “instructed that the emphasis of the program is on education and life style change.” CP at 731.

[749]*749HOPE participants did not sign a standard PCHAmonth-to-month lease agreement; rather, they signed a one-year “STUDENT/OWNER” contract. CP at 323. Participants were permitted, but not required, to live in PCHA housing during the program. Under the contract, participants living in PCHA housing were required to pay a “[l]odging fee,” and all participants were required to attend a weekly class for four months and comply with PCHA rules and regulations. CP at 323. The classes were taught by PCHA staff and were intended to educate HOPE participants in the “fundamentals of becoming an ideal tenant.” CP at 753. In addition, the contract contained a seven-day lockout clause. Under that clause, participants who breached the contract or violated PCHA rules and regulations would receive a seven-day notice to vacate and then PCHA would change their unit locks. Students who successfully completed the one-year program received a certificate of completion and were invited to enter into a standard PCHA landlord/tenant rental agreement.

On February 2, 2001, a HOPE program family that had been locked out and other HOPE program families filed a complaint against PCHA. The plaintiffs sought certification as a class on behalf of all HOPE participants subject to the seven-day lockout clause and a permanent injunction enjoining PCHA from using nonjudicial lockouts. The plaintiffs alleged two actual lockouts, one involving Shurna Gray and her family and another involving Sandra Gibson. Additionally, the complaint sought damages for the Gray family and attorney fees under chapter 59.18 RCW.

On February 6, the trial court entered an agreed temporary restraining order enjoining all nonjudicial lockouts and conditionally certifying the plaintiff class. As required by the order, PCHA returned Gibson her key. On April 6, the court entered a preliminary injunction continuing the interim ban on nonjudicial lockouts in connection with the HOPE program.

On April 10, PCHA terminated the HOPE program and permitted HOPE participants currently residing in PCHA [750]*750housing to apply for standard month-to-month rental agreements. The face of PCHA’s standard month-to-month rental/lease agreements contains the following language: “Either party may terminate this agreement with TWENTY (20) DAYS WRITTEN NOTICE PRIOR TO THE LAST DAY OF A MONTHLY TERM (end of a month), in accordance with Washington State Law (RCW 59.18).” CP at 396. In addition, the agreements contain a standard integration clause, which states, “This writing embodies the entire Agreement between the parties .... Tenant agrees that any purported oral terms additional or contrary to this writing are not binding on either party.” CP at 397.

On May 25, PCHA filed a motion for partial summary judgment to dismiss the plaintiff’s lockout-related claims for injunctive and declaratory relief because the termination of the HOPE program had rendered them moot. On June 11, the plaintiffs filed a motion for partial summary judgment on the legality of PCHA’s lockout policy. On July 13, the court granted PCHA’s motion for summary judgment, dismissing all of the plaintiff’s nonjudicial lockout claims because those claims were now moot. But the court ruled that its order did not affect the Grays’ claims for damages.

On September 6, the court granted the plaintiffs’ motion for partial summary judgment, ruling that HOPE participants’ tenancies were governed by the Washington Residential Landlord Tenant Act of 1973 (RLTA), chapter 59.18 RCW, and that PCHA’s policy of locking out tenants without court process violated the RLTA. Because the court had previously dismissed the plaintiffs’ lockout claims as moot, the court’s ruling affected only the Grays’ claims.

On June 20, the plaintiffs filed a second amended complaint, alleging that the terms of PCHA’s standard month-to-month lease agreements providing for termination without cause by either party upon 20-days’ notice violate article I, section 3 of the Washington State Constitution and the fourteenth amendment to the United States Constitution. On September 28, PCHA brought a motion for sum[751]*751mary judgment, seeking dismissal of the plaintiffs’ due process claims related to its standard month-to-month rental agreements.

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Bluebook (online)
123 Wash. App. 744, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gray-v-pierce-county-housing-authority-washctapp-2004.