Valley Cities Counseling & Consultation, V. Ezra L. Eddines

553 P.3d 693
CourtCourt of Appeals of Washington
DecidedAugust 5, 2024
Docket84964-6
StatusPublished

This text of 553 P.3d 693 (Valley Cities Counseling & Consultation, V. Ezra L. Eddines) 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
Valley Cities Counseling & Consultation, V. Ezra L. Eddines, 553 P.3d 693 (Wash. Ct. App. 2024).

Opinion

IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON

VALLEY CITIES COUNSELING AND No. 84964-6-I CONSULTATION, DIVISION ONE Respondent, PUBLISHED OPINION v.

EZRA L. EDDINES,

Appellant.

FELDMAN, J. — In 2021, Washington adopted an amendment to the

Residential Landlord Tenant Act (RLTA) allowing landlords to evict a tenant who

“continues in possession of a dwelling unit in transitional housing after having

received at least 30 days’ advance written notice to vacate . . . [when] the tenant

has completed an educational or training or service program and is no longer

eligible to participate in the transitional housing program.” RCW

59.18.650(2)(j). Acting pursuant to this provision, Valley Cities Counseling and

Consultation (Valley) attempted to evict Ezra Eddines after he no longer met the

criteria for the applicable transitional housing program. In response, Eddines

argued that Auburn City Code (ACC) 5.23.070.A forbids eviction in these same

circumstances. Because the city ordinance categorically forbids what state law

permits, the superior court correctly concluded that the ordinance is preempted by No. 84964-6-I

state law. On interlocutory review, we affirm and remand for proceedings

consistent with this opinion.

I

Eddines is a tenant in a transitional housing unit as part of a program run

by Valley. The program provides transitional housing to tenants who have an

income of 30 percent or below the area median income and who would otherwise

be unhoused. On February 25, 2022, Valley gave Eddines notice that his tenancy

would be terminated because his income was more than 30 percent of the area

median income and he had not accessed program services in the past year,

making him ineligible for the transitional housing program.

When Eddines refused to vacate and surrender his transitional housing unit,

Valley filed a complaint for unlawful detainer. A superior court commissioner

scheduled a show cause hearing. In support of its unlawful detainer action, Valley

argued that RCW 59.18.650(2)(j) (quoted below) permits a landlord to evict a

tenant where, as here, the tenant continues in possession of a transitional housing

unit after the tenant is no longer eligible for the transitional housing program. In

response, Eddines argued that Auburn’s just cause ordinance, ACC 5.23.070.A

(also quoted below), does not permit a landlord to evict a tenant in this

circumstance.

The commissioner ruled in favor of Valley, concluding that ACC 5.23.070 is

“pre-empted to the extent that it conflicts with RCW 59.18.650(2)(j).” Eddines

thereafter filed a motion for revision. The superior court denied the motion, stating:

Applying the rules of conflict pre-emption, this Court agrees with Commissioner Hillman that the state law and city ordinance cannot

2 No. 84964-6-I

be harmonized, an irreconcilable conflict exists, and that his order below is correct. This Court DENIES Eddines’ Motion for Revision.

The superior court subsequently certified its ruling for interlocutory review under

RAP 2.3(b)(4). This court accepted the superior court’s certification and granted

discretionary review.

II

Eddines claims the superior court erred in ruling that ACC 5.23.070.A is

preempted by RCW 59.18.650. We disagree.

A

“[A] state statute preempts an ordinance on the same subject [1] if the

statute occupies the field, leaving no room for concurrent jurisdiction, or [2] if a

conflict exists such that the statute and the ordinance may not be harmonized.”

Lawson v. City of Pasco, 168 Wn.2d 675, 679, 230 P.3d 1038 (2010). The first

part of this quote describes field preemption, and the second part describes conflict

preemption. Here, Valley argues only conflict preemption, which “arises when an

ordinance permits what state law forbids or forbids what state law permits.” Id. at

682. Whether ACC 5.23.070.A is preempted by RCW 59.18.650 is a question of

law and is reviewed de novo. Rental Hous. Ass’n v. City of Seattle, 22 Wn. App.

2d 426, 437, 512 P.3d 545 (2022) (RHA).

Applying conflict preemption principles to the state statute and local

ordinance at issue here, the superior court correctly concluded that the state

statute preempts the local ordinance. The state statute at issue, RCW 59.18.650,

prohibits residential landlords from evicting a tenant, refusing to continue a

tenancy, or ending a periodic tenancy except in enumerated circumstances that

3 No. 84964-6-I

constitute just cause. One of the enumerated circumstances is when:

The tenant continues in possession of a dwelling unit in transitional housing after having received at least 30 days’ advance written notice to vacate . . . [when] the tenant has completed an educational or training or service program and is no longer eligible to participate in the transitional housing program.

RCW 59.18.650(2)(j). Auburn’s ordinance, ACC 5.23.070.A, contains a similar just

cause restriction:

Owners of housing units shall not evict or attempt to evict any tenant, refuse to renew or continue a tenancy after expiration of the rental agreement, or otherwise terminate or attempt to terminate the tenancy of any tenant unless the owner can prove in court that just cause exists. . . . The reasons for termination of tenancy listed below, and no others, shall constitute just cause under this section.

(Emphasis added.) The ordinance lists 14 circumstances that constitute just cause

under the provision, but lacks any transitional housing exception as provided in the

state statute. Id.

Because the Auburn ordinance specifies that no reason beyond the 14

specified reasons is just cause for eviction, it forbids what state law permits, which

is eviction of tenants from transitional housing units when, as here, they are no

longer eligible to participate in the transitional housing program. Thus, as the

superior court concluded, “the state law and city ordinance cannot be harmonized”

and “an irreconcilable conflict exists.” Accordingly, the superior court correctly

ruled, by denying Eddines’ motion for revision, that the city ordinance is preempted

by RCW 59.18.650. 1

1 Valley relies heavily on our unpublished opinion in Rental Housing Association of Washington v.

City of Burien, No. 82782-1-I (Wash. Ct. App. Aug. 29, 2022) (unpublished), https://www.courts.wa.gov/opinions/pdf/827821.pdf. (City of Burien). “No matter how well reasoned, unpublished opinions of this court lack precedential value, in part because they merely restate well established principles.” State v. Nysta, 168 Wn. App. 30, 44, 275 P.3d 1162 (2012).

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Bluebook (online)
553 P.3d 693, Counsel Stack Legal Research, https://law.counselstack.com/opinion/valley-cities-counseling-consultation-v-ezra-l-eddines-washctapp-2024.