[WSBARP] Reasonable Accommodation Request after Issuance of Writ

[Eric Lanza]

Good morning all,

Writ issued pursuant to RCW 59.12, tenancy is not subject to RCW 59.18/59.20.

Tenant purports to have a disability that prevents him from removing his belongings (cannot lift heavy things).

Landlord offers 30 day storage request form (even though not required, as tenant's attorney argued vehemently at show cause that 59.18 did not apply to this tenancy).

Tenant now demands that, in addition to request for storage, landlord pay for a dumpster, hire people to load his belongings onto tenants flatbed truck, and postpone execution of the writ for 2 weeks. Tenant's attorney insists this is a reasonable accommodation that landlord must assent to under FHA/ADA.

I am inclined to "call shenanigans" on this request for several reasons: First, it doesn't seem reasonable. Second, I think offering the 30 day storage is an adequate remedy. Third, the accommodation needs to be necessary to  afford the person an equal opportunity to use and enjoy the dwelling. This is not about the tenants use and enjoyment of the dwelling, but rather an accommodation to allow him to vacate the dwelling. I found a 9th circuit case at 988 F.3d 1185 that seems to be somewhat on point.

On the other hand, dealing with the human rights commission is a real pain in the neck.

Anyone have experience or insight regarding post-eviction reasonable accommodation requests? Other case law that may be helpful?


Eric J. Lanza, J.D.

[cid:image001.png at 01D95BE0.ED7526A0]

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20230321/a99ce85c/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image001.png
Type: image/png
Size: 184959 bytes
Desc: image001.png
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20230321/a99ce85c/image001.png>