Judge holds off ruling in lawsuit targeting Tacoma’s rent control measure

(The Center Square) – No ruling has been made regarding a lawsuit against the city of Tacoma, Wash., for its voter-approved tenants’ rights law after a motion hearing on Monday afternoon.

The Citizen Action Defense Fund, or CADF, filed a lawsuit against Tacoma over its Landlord Fairness Code Initiative, which was approved by voters in November 2023. CADF is suing on behalf of North Pearl Street, a Tacoma-based apartment complex.

The measure requires more notice for rent increases, as well as requiring Tacoma landlords to offer relocation assistance if the rent increases more than 5%. Landlords are also required to provide two notices before increasing rent. The first being between 210 and 180 days prior and the second between 120 and 90 days prior.

CADF argues that the Landlord Fairness Code Initiative does little to solve the housing crisis facing Tacoma, Washington state, and the U.S., and instead, makes the situation worse.

On Monday, U.S. District Judge Tiffany Cartwright reserved ruling in the case of North Pearl Street v. City of Tacoma and asked for a supplemental briefing before she issues a decision.

"While we were certainly hopeful that the judge would have issued a ruling in favor of our client yesterday based on the constitutional issues alone, we understand her request for supplemental briefing and we will plan to hone in on several vital issues that we’d like her to consider when making her decision," CADF Executive Director Jackson Maynard said in a statement to The Center Square.

Maynard argues that the initiative violates the state and federal constitutions and all of its provisions and makes it more difficult for the city’s rental market to exist.

“It’s bad for renters, it’s bad for housing providers, and so because it’s bad law and bad policy, we filed that suit,” Maynard said in a video on Monday.

Maynard added that in order to violate the fundamental right that a property owner has to exclude other people from their property, the state has to demonstrate a compelling interest.

“So there has to be something really, really important at stake, and none of that has been at play or articulated in this case,” Maynard said. “The fact of the matter is this act really restricts the ability of property owners to be able to say who is on their property and when.”

Prior to the initiative’s approval by voters, the Rental Housing Association of Washington said that the Landlord Fairness Code Initiative would severely degrade the rental housing market in Tacoma and could lead to hundreds of currently affordable rental housing units being moved off the market in 2024.

The initiative ultimately passed by less than 400 votes in 2023. According to the CADF, it was passed under the guise of protecting tenant rights, but the negative ramifications of passing the initiative far outweighed any described benefit.

The supplemental briefing ordered by Cartwright will be due on Aug. 4, and she will issue a decision from there.