WAR HORSE: RHAWA’s Legal Defense Fund in 2026

The Legal Defense Fund is our war horse. Quiet in the pasture, steady under pressure, but trained for the fight. It does not thrash or strike wildly. It waits—ready to move when called. That is the role it has played for our members this past year: disciplined strength, strategic action, and results when it mattered most.

The purpose of the LDF is simple but vital: defend your rights in court, push back against government overreach, and shape precedent before it shapes us. In 2025, we proved again that our collective investment works. From landmark cases to amicus briefs, from appeals that may redefine eviction law to victories at the Supreme Court, every dollar in the fund has gone directly toward protecting property rights and preserving the future of rental housing in Washington.

But this is not the end of the fight. The pressures on our industry are mounting, the legal landscape is shifting, and 2026 will demand even more of us. The LDF is the sword we carry, kept sheathed until the moment is right. Your continued support ensures that when the next battle comes, we are not only ready but positioned to win.

2025: The War Horse at Work

This past year, the Legal Defense Fund proved its value not just in theory, but in action. Members stepped up—354 contributors strong—and together we raised $43,501.50 through online campaigns and letters. That broad base of support shows our community understands the stakes. Even more encouraging is the growth of mid-tier donors in the $500 to $1,000 range, a sign that members are not just contributing but investing strategically in their own future.

Every dollar was put to work. The fund backed case preparation, an ejectment appeal that may set statewide precedent, amicus briefs on critical issues, and national appeals with implications far beyond Washington. We did not fight alone. Our partnerships this year with Pacific Legal Foundation, Washington Business Properties Association, Citizen Action Defense Fund, Building Industry Association of Washington, and several private attorneys expanded our reach and multiplied our impact. The result? A year where RHAWA members were not just observers of legal battles but participants, funding and shaping the arguments and strategies that protect their rights.

A Case That Could Reshape the Law

Among the most significant cases supported this year is an ejectment appeal now moving through Washington’s courts. Most housing providers are familiar with unlawful detainer (UD), the standard eviction process created to be faster and more streamlined. Fewer know about ejectment, the older, traditional pathway for recovering possession.

For decades, UD was the go-to option because it moved quickly. But in today’s environment, statutory changes, added delays, and procedural hurdles have slowed UD cases to a crawl. Ironically, ejectment—the so-called “old-fashioned” tool—may now offer a faster and more effective route.

This year, a respected landlord-tenant law firm successfully litigated an ejectment case on behalf of a housing provider. The ruling is now under appeal. While appeals in ejectment are rare, this one carries industry-wide implications:

• If upheld: Ejectment could become a viable and even preferable option to UD.
• If restricted: Housing providers will remain limited to an increasingly slow and cumbersome UD process.

That is why the LDF stepped in to fund the case. Whatever the outcome, this appeal will help define the boundaries of landlord remedies in Washington and shape strategy for years to come.

Amicus Victory: Housing Authority of King County v. Knight

While some cases shape the future, others protect the present. That was the role of the LDF in Housing Authority of King County v. Knight. The case turned on a critical question: Does the federal CARES Act’s 30-day notice requirement apply to every eviction, or only to those for nonpayment of rent?

Lower courts had split. Division Two said the 30-day rule applied to all evictions, while Division One limited it to nonpayment cases. The Washington Supreme Court took the case to resolve the conflict.

RHAWA filed an amicus brief to ensure the perspective of housing providers was represented. On February 20, 2025, the Court ruled that the CARES Act’s 30-day notice applies only to nonpayment of rent cases. This decision:

• Restores landlords’ ability to use standard notices (such as a 3-day nuisance notice) for lease violations not tied to rent.
• Clarifies the line between federal relief laws and Washington’s landlord-tenant statutes.
• Prevents unnecessary delays in addressing nuisance, criminal activity, and threats to community safety.

This was a major victory. It affirmed that federal emergency relief laws cannot override state landlord-tenant frameworks beyond their clear scope, and it reinforced that RHAWA members have a voice in the state’s highest court through the Legal Defense Fund.

Testing the Boundaries: Gym 24/7 Fitness v. Michigan

The LDF also stepped onto the national stage. In Gym 24/7 Fitness v. Michigan, a case that challenged the vague Penn Central test for regulatory takings, RHAWA joined with WBPA, CADF, and BIAW to push for a clearer standard that would protect property owners from unconstitutional regulations.

The U.S. Supreme Court declined review in June 2025, ending the case. But the effort mattered. It marked RHAWA’s first formal entry into national takings litigation and built strong alliances for future fights. Sometimes, moving the law forward means taking the long road—laying groundwork even when a case does not end in victory.

Rapid Response: Iten v. County of Los Angeles

When Pacific Legal Foundation asked RHAWA to support Iten v. Los Angeles, the LDF moved quickly. Within weeks, funding was approved for an amicus brief supporting property owners facing unconstitutional restrictions.

The U.S. Supreme Court ultimately declined to hear the case, but the speed and decisiveness of our response demonstrated that the LDF is ready to act when high-impact opportunities arise. Every case supported—win or lose—reinforces RHAWA’s credibility as a partner in national property rights litigation.

Defending Free Speech: Yim v. City of Seattle

The Legal Defense Fund has also backed Yim v. City of Seattle, a long-running challenge to the city’s Fair Chance Housing Ordinance, which restricts landlords from asking about or requiring disclosure of a tenant’s criminal history.

In 2023, the Ninth Circuit struck down the “inquiry” ban as unconstitutional under the First Amendment, but left the “require disclosure” ban intact. The U.S. Supreme Court declined to take up the case in 2024, and while further appeals remain technically pending, the case is widely viewed as unlikely to advance further. This leaves Seattle housing providers in a complicated spot, where they are technically allowed to view criminal record history, but are not allowed to deny a tenancy based on this information.

Even so, Yim reflects both the importance and the difficulty of constitutional litigation. Not every case ends in a clear victory, but every challenge builds knowledge, tests arguments, and sets boundaries. RHAWA’s role as a named plaintiff showed our willingness to stand directly in the fight, and our continued partnership with Pacific Legal Foundation ensures that when the next opportunity arises, we will be ready to push again.

Looking Ahead: The Battles of 2026

The past year has proven that the Legal Defense Fund is not just reactive—it is proactive. We do not wait for threats to overwhelm our members; we prepare for them. That is why, going into 2026, the LDF has already committed significant resources toward the next major fight: statewide rent control.

The details of our legal strategy must remain confidential for now, but members should know this much: your LDF is leading the charge. We have already invested in high-level legal analysis, built alliances with key partners across the state, and authorized substantial funds to ensure we are ready to act when the time comes.

This is not theoretical—it is already law. With the passage of EHB 1217, Washington adopted rent control measures that directly affect residential and manufactured housing providers across the state. The courts may now be the only place to stop it. We need the LDF to be well funded in order to embark on a mission to defeat the statewide rent control policy. We hope you will consider making a donation to empower our War Horse to take on its biggest challenge yet.

With Gratitude

The strength of the Legal Defense Fund comes not only from dollars or court filings, but from the dedication of the people who guide it. A very special thank you to our committee members for their leadership, judgment, and steadfast service:

Committee Leadership

• Co-Chair: William Shadbolt
• Co-Chair: Chris Benis

Committee Members

• Sean Flynn
• Melissa Canfield
•  Larry Crites
• John Mullally
• Christopher Gurdjian
• Kaitlyn Jackson
• Neil Wilson
• Christopher Cutting*
• Daniel Klemme, Staff Liaison

*Special thanks to Christopher Cutting for serving as Acting Chair during ENGAGE25.

Your wisdom and commitment are what keep the war horse steady, prepared, and ready for battle when the call comes.