JOSEPHINIUM ASSOCIATES v. KAHLI

No. 46677-1-I.

45 P.3d 627 (2002)

JOSEPHINIUM ASSOCIATES, d/b/a Josephinium, Respondent/Cross-Appellant, v. Skye KAHLI, Appellant/Cross-Respondent.

Court of Appeals of Washington, Division 1.

May 6, 2002.


Attorney(s) appearing for the Case

David Koch, Seattle, for Appellant.

Richard Cohan, Seattle, for Respondent.


ELLINGTON, J.

In an unlawful detainer action, the tenant may assert only those equitable defenses which affect the right of possession. Skye Kahli failed to pay her rent. The trial court permitted Kahli to assert disability discrimination as an affirmative defense to her landlord's unlawful detainer. Under the unusual circumstances here, the defense bore upon Kahli's right of possession, and was properly asserted. After trial...

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