The Washington Supreme Court ruled last week that Attorney General Bob Ferguson can continue pursuing a lawsuit against the city of Sunnyside.
Cities across the state have implemented a crime-free rental housing program in which landlords, tenants and law enforcement work together to reduce crime and improve the quality of life in rental properties.
In its 2020 lawsuit, the state claims that Sunnyside, in Yakima County, abused the program by forcing tenants out of their homes over unsubstantiated claims of crime or nuisance without a court order. The lawsuit said dozens of residents were forced out of their homes with little or no notice. The majority of the 43 alleged unlawful evictions between 2014 and 2019 involved Latino residents, women or families with children.
The state claimed that through unlawful evictions, the city’s law enforcement officers did not comply with provisions of the U.S. and state constitutions, the federal Fair Housing Act and the Washington Law Against Discrimination.
Yakima County Superior Court granted a summary judgment, agreeing with the city of Sunnyside that the state lacked the authority to pursue legal action for a variety of reasons, including that the city could not be subject to liability under the state’s Rental Landlord Tenant Act and that the attorney general is not authorized to enforce the private rights of a small number of individuals.
The Washington Supreme Court reversed that summary judgment. The court ruled that the state has an “interest in protecting the health, safety, and well-being of its residents, including holding government actors accountable against allegations of discrimination and violations of constitutional rights.” It also ruled that the state’s claims address matters of public concern, including the lawful operation of crime-free rental housing programs, protection of Washingtonians’ civil rights and prevention of police misconduct.
While the Supreme Court reversed the summary judgment, it let stand the Court’s dismissal of the state’s claim that the city of Sunnyside violated the Resident-Landlord Tenant Act. The Supreme Court sent the case back to the Yakima court for further proceedings.
