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Full-Text Articles in Law
Taking The Long Road: The Excessive Fines Clause As A Tool For Protecting Washington's Unsheltered Population, Anna Ferron
Taking The Long Road: The Excessive Fines Clause As A Tool For Protecting Washington's Unsheltered Population, Anna Ferron
Washington Law Review
Over the last decade, Washington State has seen a substantial increase in its unhoused population and an increase in laws that harm this group. Many of these laws subject unhoused and unsheltered people to fines, fees, and forfeitures that are exceedingly difficult for them to afford. The ExcessiveFinesClauses in the United States and Washington Constitutions protect citizens from fines deemed constitutionally excessive and could be used to shield unsheltered people from the burden of paying unjust fines they cannot afford. In City of Seattle v. Long, the Washington State Supreme Court analyzed the ability to pay of a person who …
The Euclid Proviso, Ezra Rosser
The Euclid Proviso, Ezra Rosser
Washington Law Review
This Article argues that the Euclid Proviso, which allows regional concerns to trump local zoning when required by the general welfare, should play a larger role in zoning’s second century. Traditional zoning operates to severely limit the construction of additional housing. This locks in the advantages of homeowners but at tremendous cost, primarily in the form of unaffordable housing, to those who would like to join the community. State preemption of local zoning defies traditional categorization; it is at once both radically destabilizing and market responsive. But, given the ways in which zoning is a foundational part of the racial …
"No Handicapped People Allowed": The Need For Objective Accessibiity Standards Under The Fair Housing Act, Michael J. Jeter
"No Handicapped People Allowed": The Need For Objective Accessibiity Standards Under The Fair Housing Act, Michael J. Jeter
Washington Law Review
The Fair Housing Act (FHA or the Act) sets forth accessibility requirements that housing developers must meet, but the Act does not contain objective performance standards for satisfying those requirements. This omission creates substantial barriers in housing opportunities for persons with disabilities. For example, the FHA mandates that doors must be wide enough to allow passage of wheelchair users, but it does not provide measurements for door width. The United States Department of Housing and Urban Development (HUD) has attempted to use ten model building codes or “safe harbors” from its regulations as minimal objective standards for accessibility. HUD and …
Protecting The Tax-Exempt Status Of Housing Developers Participating In Low-Income Housing Tax Credit Partnershps, Marni Hussong
Protecting The Tax-Exempt Status Of Housing Developers Participating In Low-Income Housing Tax Credit Partnershps, Marni Hussong
Washington Law Review
The Low-Income Housing Tax Credit (LIHTC) is an important source of federal funding for developers of affordable housing for low-income persons. Although for-profit and nonprofit developers compete for credits, the federal government reserves ten percent of the credits for nonprofit, tax-exempt developers. Exempt developers often sell the credits to for-profit investors, forming a partnership through which the exempt organization develops the housing and the investors receive tax benefits in exchange for capital contributions. The partnership formation, however, may jeopardize the tax-exempt status of the nonprofit organizations and result in the partnership losing the LIHTC. To maintain exempt status, the Internal …
The Implied Warranty Of Habitability Doctrine In Residential Property Conveyances: Policy-Backed Change Proposals, Joseph C. Brown Jr.
The Implied Warranty Of Habitability Doctrine In Residential Property Conveyances: Policy-Backed Change Proposals, Joseph C. Brown Jr.
Washington Law Review
Washington's implied warranty of habitability doctrine is a creature of public policy. Its application is appropriately defined and limited by policy concerns. In conceivable cases, however, limits on the doctrine's application would yield results inconsistent with its public policy bases. Although created to protect a specific class of residence purchasers, in Washington the doctrine arbitrarily excludes from its coverage some potential members of that class. Because of these and other problems, the doctrine needs restructuring. This Comment explores the doctrine's public policy roots, analyzes potential new elements and the doctrine's existing elements in light of policy concerns, and suggests changes …
New Limits To The Application Of The Consumer Protection Act—State V. Schwab, 103 Wn. 542, 693 P.2d 108 (1985), Lora L. Pesto
New Limits To The Application Of The Consumer Protection Act—State V. Schwab, 103 Wn. 542, 693 P.2d 108 (1985), Lora L. Pesto
Washington Law Review
In State v. Schwab, the Washington Supreme Court removed residential landlord-tenant transactions from the purview of the Washington Consumer Protection Act (CPA). Under Schwab, litigants may no longer invoke the generous remedial provisions of the CPA to enforce tenants' rights granted by the Residential Landlord-Tenant Act. Schwab also eliminated state prosecution of residential landlord-tenant actions. The reasoning used by the court could prevent the application of the CPA to new areas of commerce, and may also limit its application in areas where it previously has been considered fully applicable.
Retaliatory Evictions In Washington And Seattle: In Search Of Public Policy, Brian T. Mcmanus
Retaliatory Evictions In Washington And Seattle: In Search Of Public Policy, Brian T. Mcmanus
Washington Law Review
Retaliatory eviction occurs when a landlord evicts a tenant because the tenant took action to compel the landlord to comply with the law. Because tenants had no laws with which to compel landlords to comply until the relatively recent advent of remedial housing legislation, the retaliatory eviction defense is a recent development in the law. After examining the historical basis for the retaliatory eviction defense, this comment discusses remedial housing legislation in Washington. It illustrates (i) the historical concern of both the state legislature and the state supreme court for quality rental housing; (ii) the state's historical dependence on municipalities …
State Regulation Of Federally Chartered Financial Institutions: Washington's Anti-Redlining Act, Richard H. Cleva
State Regulation Of Federally Chartered Financial Institutions: Washington's Anti-Redlining Act, Richard H. Cleva
Washington Law Review
The purpose of this comment is to analyze the law on state regulation of federal financial institutions and then to apply that analysis to the Washington act in order to determine whether the act can validly be applied to national banks and federal savings and loan associations. Part II critically describes the Washington act and compares it with federal law on the same subject. Part III surveys the judicially developed limits on state regulation of federal financial institutions. Part IV then considers the validity of the Washington act as applied to federal financial institutions in light of the judicial limits …
Washington's New Home Implied Warranty Of Habitability—Explanation And Model Statute, Holly Keesling Towle
Washington's New Home Implied Warranty Of Habitability—Explanation And Model Statute, Holly Keesling Towle
Washington Law Review
This comment examines the status in Washington of the implied warranty of habitability as applied to the sale of new houses. The comment will explore the identity of the builder-vendor, the general nature of the warranty, and its specific elements. The Washington warranty is contrasted to those of other jurisdictions, suggestions are made for its modification, and a model statutory warranty is proposed.
Constitutional Law—Zoning For Single-"Family" Dwellings Is Not Denial Of Equal Protection To Unrelated Persons—Village Of Belle Terre V. Boraas, 416 U.S. 1 (1974), Albert G. Marquis
Constitutional Law—Zoning For Single-"Family" Dwellings Is Not Denial Of Equal Protection To Unrelated Persons—Village Of Belle Terre V. Boraas, 416 U.S. 1 (1974), Albert G. Marquis
Washington Law Review
Six unrelated persons resided in a single dwelling in Belle Terre, New York, in violation of the Village's zoning ordinance. The village is zoned exclusively for one-family dwellings; "family" is defined by the ordinance as: One or more persons related by blood, adoption or marriage, living and cooking together as a single housekeeping unit [or] a number of persons but not exceeding two (2) living and cooking together as a single housekeeping unit though not related by blood, adoption, or marriage shall be deemed to constitute a family. The lessors of the residence were served with notice that failure of …
The Law Between Landlord And Tenant In Washington: Part Ii, William B. Stoebuck
The Law Between Landlord And Tenant In Washington: Part Ii, William B. Stoebuck
Washington Law Review
Part I of this two-part series appears at 49 Wash. L. Rev. 291 (1974).
The Law Between Landlord And Tenant In Washington: Part I, William B. Stoebuck
The Law Between Landlord And Tenant In Washington: Part I, William B. Stoebuck
Washington Law Review
This article will be as utilitarian as a fence post. It is intended as a handbook for lawyers who need to know something about all or part of the law between landlord and tenant in Washington. The level of analysis will be didactic and exegetical, occasionally critical or hortatory, rarely jurisprudential.
Landlord-Tenant—Exculpatory Clauses: Exculpation Contrary To Public Policy When It Totally Relieves A Landlord From The Duty To Maintain Common Areas—Mccutcheon V. United Homes Corp., 79 Wn.2d 443, 486 P.2d 1093 (1971, Anon
Washington Law Review
In separate accidents, plaintiffs were injured when they fell due to the defective conditions of the stairways outside their apartments. Both plaintiffs had signed a form lease with the defendant landlord which contained a broadly worded exculpatory clause. The trial court granted the defendant's request for summary judgment on the ground that the exculpatory clause precluded plaintiffs' suit, and the Washington Court of Appeals affirmed. The Washington Supreme Court reversed and remanded the case for trial. Held: An exculpatory clause in a lease of residential housing within a multi-unit apartment complex which totally relieves a landlord from his affirmative duty …
Landlord And Tenant—Mitigation Of Damages—Landlord Must Plead And Prove Actual Efforts To Relet In Order To Recover Rent For The Balance Of The Term Of A Wrongfully Abandoning Tenant.—Vawter V. Mckissick, 159 N.W.2d 538 (Iowa 1968), Anon
Washington Law Review
Defendant-tenant notified plaintiff-landlord that he intended to vacate the space leased for his drugstore prior to the expiration of the lease term. He then removed most of his equipment and merchandise and surrendered the key. After the lease had expired, the landlord sued for the rent for the balance of the term. The landlord's sole apparent endeavor to relet after abandonment-placement of a window "for rent" sign-was revealed only on cross examination. Held: Unless a landlord pleads and proves efforts to relet wrongfully abandoned premises, he is not entitled to recover from a tenant the balance of rent due under …
Validity Of State Proposition Effectively Repealing Anti-Discrimination Laws, Anon
Validity Of State Proposition Effectively Repealing Anti-Discrimination Laws, Anon
Washington Law Review
The California Legislature did not attempt to prevent property owners from selecting buyers or tenants on the basis of racial considerations until 1959. Then, by enacting the Hawkins Act and the Unruh Civil Rights Act, the legislature chose to regulate racial discrimination in all business establishments including those involving the selling or renting of residential property and in all publicly assisted housing. Three years later, by enacting the Rumford Fair Housing Act, the legislature extended the regulation of discriminatory conduct to owners of most, but not all, residential property. Plaintiffs alleged that, contrary to the express provisions of the Unruh …
A Comment On Damages In Unlawful Detainer Actions In Washington, Cornelius J. Peck
A Comment On Damages In Unlawful Detainer Actions In Washington, Cornelius J. Peck
Washington Law Review
One might hope that the damage aspects of litigation under a statute enacted in 1891 would now be so well explored and thoroughly understood as to be beyond the area of current comment. However, the product of the years has been an accumulation of inconsistent and ambiguous statements as well as a few instances of obvious conflict between decisions, all of which goes to make a review appropriate. Moreover, a recent decision of the supreme court in a case which has already been noted in these pages holds that set-offs and counterclaims cannot be adjudicated in unlawful detainer proceedings—a holding …
Landlord And Tenant—Unlawful Detainer—Set-Off's & Counterclaims, Evan L. Schwab
Landlord And Tenant—Unlawful Detainer—Set-Off's & Counterclaims, Evan L. Schwab
Washington Law Review
In Young v. Riley the Washington Supreme Court cited a broken line of decisions, called them "unbroken," and held that set-off's and counterclaims cannot be adjudicated in unlawful detainer actions.
Racial Minority Housing In Washington, Arval A. Morris, Daniel B. Ritter
Racial Minority Housing In Washington, Arval A. Morris, Daniel B. Ritter
Washington Law Review
O'Meara v. Washington State Bd. Against Discrimination\ called upon the Washington Supreme Court to pass for the first time on the constitutionality of Washington's Anti-Discrimination Statute. The court invalidated the portion applicable to housing. This comment discusses the social and legal contexts in which the case was decided, the disposition of the case at the trial and appellate levels, and the merit of some alternative measures for preventing discrimination in housing.
Landlord And Tenant Notices, Cornelius J. Peck
Landlord And Tenant Notices, Cornelius J. Peck
Washington Law Review
The following article was prepared for the use of students taking the course in landlord and tenant law. In the hope that it may be of some use to practitioners in this state, it is reproduced here. For the convenience of the reader, the provisions of RCW 59.04.020 and a portion of the unlawful detainer statute, RCW 59.12.030, are set out below.
Lease Deposits In Washington, John T. Piper
Lease Deposits In Washington, John T. Piper
Washington Law Review
When a lessee deposits with his lessor a sum of money under an agreement that the lessor will return it or apply it in a specified manner if the lessee fully performs his covenants, at least three legal problems may arise. First, in the event that the tenant fails to give full performance, how much of the deposit can the landlord keep? Second, is the obligation of the landlord to return or otherwise apply the deposit a covenant running with the land? Third, when does the landlord pay taxes on the deposit?
Judicial Enforcement Of Restrictive Covenants In The United States, Yi-Seng Kiang
Judicial Enforcement Of Restrictive Covenants In The United States, Yi-Seng Kiang
Washington Law Review
On May 3, 1948 the Supreme Court of the United States handed down two decisions prohibiting judicial enforcement of racial restrictive covenants on real property. It has been a peculiar feature of American life that residential segregation of designated minority groups from certain prescribed areas is a common practice in all major cities. This policy of racial discrimination at first was enforced by municipal ordinance, beginmng with that of Baltimore in 1910, and quickly followed by Atlanta, Richmond, Louisville, and other cities, until it was held unconstitutional by the Supreme Court in 1917. Thereafter restrictive covenants became the principal weapon …