When Julie Heston was in danger of falling behind on bills after shoulder surgery during the Covid pandemic in 2021, she was able to obtain four months rental assistance through the Community Action Center (CAC) in Pullman.
Her landlord, Ed Christensen, was irate. He made clear that he had no intention of participating in any government program to help low-income renters.
"Ed didn't want to sign the papers because he couldn't charge interest and late fees," Julie recalls. Instead, he threatened eviction and added fees, "He was greedy. It was all about the money."
With the landlord refusing to accept her rental payments, Julie felt out of options when CAC connected her with the Northwest Justice Project for free legal help. Her attorney John Wolff jumped into the case.
As Christensen's threats continued, John explained her legal options. Among them: she could sue.
It was a big decision. "At first I was hesitant," Julie says. "But landlords like this need to be called out and stopped. Many people face similar situations, and I thought that if this lawsuit could help more people, it would be worth it."
Four-year legal battle
The legal fight that followed lasted more than four long years. "I really believed in John and NJP. They aren't lenient on landlords that disregard the law. I knew John would do his best to make things right."
Julie held on to that conviction as NJP sued Christensen for source of income discrimination and other violations, including charging illegal fees and illegally withholding her security deposit.
"John's confidence in this case and his diligence made all the difference," Julie says. John deposed Christensen, getting him to admit under oath he'd discriminated against Julie based on her source of income and wrongfully withheld her deposit. Based on the deposition, the trial court granted Julie a money judgment on each of her claims and awarded NJP its attorney fees.
That was the first battle. The landlord appealed. The Court of Appeals unanimously upheld the trial court's decision in a published opinion. Still, Christensen refused to pay.
NJP hired a collection attorney, who scheduled a sheriff's sale of Christensen's property. Only at the eleventh hour did the landlord agree to pay.
Shaping the Law
"The statute we sued under is relatively new, passed in 2018, and has not been litigated nearly enough to fully develop it," explains John Wolff. "At its core, the statute requires landlords to treat people equally regardless of the source of their rent money."
When new laws like this are passed, it takes litigation through the courts to interpret and clarify them, building the legal precedent that ultimately strengthens protections for those the law was designed to protect. That makes cases like Julie's crucial.
"There are now just two published cases concerning this statute, including this one," John says. "This case moved the needle in the right direction. Although the Court of Appeals didn't answer every question we would have liked, it strengthened the right to be treated equally if you pay your rent with a government subsidy."
For Julie, this was the most important outcome: "NJP helped me, and they can help others too. As more people fight back, we can make an impact leading to stricter guidelines for landlords and better options for renters."