[WSBARP] Does new provisions of Residential Landlord Tenant law violate the Contract Clause

Rob Rowley rob at rowleylegal.com
Fri Jan 20 16:42:54 PST 2023


Substantive due process is dead for residential landlords. Might makes
right.

Chong Yim v. City of Seattle, 451 P. 3d 675 - Wash: Supreme Court 2019







Robert R. Rowley

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*From:* wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com>
*On Behalf Of *scott scottgthomaslaw.com
*Sent:* Friday, January 20, 2023 3:28 PM
*To:* WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
*Subject:* Re: [WSBARP] Does new provisions of Residential Landlord Tenant
law violate the Contract Clause



No idea if it is unconstitutional or not, but the prohibition on quartering
soldiers is found in a different part of the consitution than the
prohibition on impairing the obligation of contracts.  I remain curious
about the application of the latter theory, however.

On 01/20/2023 11:51 AM PST jeff at bellanddavispllc.com wrote:





Has anyone looked at whether any of the onerous new LL/TT provisions
violate the contract clause under the US Constitution?  I realize state
government can regulate industry, but given how the law is intentionally
imposing on private parties to house the poor without just compensation, it
seems something is amiss.  I thought we can’t be forced to house solders;
what’s the difference here?



Jeff



*W. Jeff Davis*

*BELL & DAVIS PLLC*

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