Helfrich v. Valdez Motel Corp.
Helfrich v. Valdez Motel Corp.
Opinion of the Court
OPINION
I. INTRODUCTION
The main issue in this appeal is whether a landlord violates the anti-retaliation statute, AS 34.03.310(a)(2), of the Uniform Residential Landlord and Tenant Act (URLTA) by evicting a tenant who demands personal injury compensation following an on-premises slip and fall. The superior court held that it does not, and therefore granted a directed verdict to the landlord on the tenant's URL-TA retaliation claim. Because a claim for personal injury damages resulting from an on-premises fall is not for "rights and remedies granted" under URLTA,
II. FACTS AND PROCEEDINGS
Richard Steve Helfrich was employed by the Valdez Motel Corporation to perform general repairs and maintenance for one of its properties, the Pipeline Inn.
After finishing work on March 21, 2005, and while walking in an area behind the Inn, Helfrich slipped, fell, and broke his leg. Helfrich spent four or five days in hospitals in Valdez and Anchorage, returning to the Inn on March 24 or 25. He continued to reside at the Inn through May 2005. Helf-rich was initially unable to work, but at some point he resumed working for the Inn on a part-time basis.
Helfrich asserts on appeal, and Valdez Motel does not dispute, that he did not have health insurance or other means to pay his medical bills Mark Lee (Lee) and James "Bill" Lee are shareholders of the Valdez Motel Corporation. Helfrich testified in his deposition that he spoke with Bill Lee after returning from the hospital about how he "needed help with [his] medical bills." Helf-rich testified that the Lees never responded whether they were willing to help. Mark
On May 26, 2005, Cook sent Mark Lee a demand letter on Helfrich's behalf, asserting that Valdez Motel was liable for "in excess of $40,000" in medical bills that Helfrich had incurred. Cook's letter asked the Lees to seek coverage with their insurance provider and concluded that it would be in Pipeline Inn's best interest "to accept responsibility and provide for [Helfrich's] care and settle this matter as expediently as possible." On June 1, 2005, Cook spoke with Mark Lee by telephone. Lee told Cook that Helfrich could continue to stay at the Inn, but that he could no longer stay at the reduced rental rate.
Helfrich testified in his deposition that, on the same day Cook called Lee, Lee and Helfrich had a conversation in the hallway of the Inn. Helfrich testified that Lee told Helfrich that he wanted Helfrich off the premises as soon as possible and that he did not like getting threatening letters from attorneys. Helfrich testified that after the conversation he found a letter posted on the door to his room. The letter stated:
June 1, 2005
Steve,
I guess we should have learned from the past and had nothing to do with you, but that's not how we do things. Unfortunately, it has come back and bit us in the ass again and for that I thank you. I really don't appreciate getting a threatening letter from an attorney. I think at this[] point Steve, it is best you move out as fast as you can. I recommend perhaps moving in with whoever gave you such back stabbing advice. If no one, I guess it is time for a tent (on someone else's property). Mark
Helfrich testified that he packed his things and left the Inn within ten minutes of receiving the letter. He testified that he never approached Lee to ask if he could stay in his room either for the night or until he could make other living arrangements.
Cook wrote Lee a letter on June 2, 2005 confirming their June 1, 2005 conversation and urging Lee not to raise Helfrich's rent because it would likely render Helfrich homeless. Lee testified that at some point after Helfrich received Lee's letter and left the premises, Lee told Helfrich that he could stay if he paid increased rent. Lee testified in his deposition that he decided to raise the rent because Helfrich was no longer an employee. Lee testified that Helfrich was "let go" for lying about hiring an attorney and because he suspected that Helfrich was also lying about whether his fall was actually on Valdez Motel's property.
On June 8, 2005, Helfrich sued Valdez Motel in superior court, asserting both claims of negligence and claims of violations of URLTA.
The superior court denied Helfrich's motion for partial summary judgment in early December 2006. The court also denied Helf-rich's subsequent motion for reconsideration. The court clarified that a factual dispute barring judgment as a matter of law existed about the "nature of the purported June 1, 2005 eviction notice."
A three-day jury trial took place in May 2007. At the close of Helfrich's case, Valdez Motel moved for a directed verdict on Helf-rich's claims. The court denied Valdez Motel's directed verdict motion on the negligence claim, but granted Valdez Motel a
Helfrich appeals the denial of his motion for partial summary judgment and the grant of Valdez Motel's motion for directed verdict on the URLTA claims. He does not appeal the grant of directed verdict on his punitive damages claim. He also asks us to reverse the attorney's fees award that Valdez Motel received as the prevailing party.
III. DISCUSSION
A. Standard of Review
We review a denial of summary judgment de novo, affirming only if a genuine issue of material fact exists or the moving party was not entitled to judgment as a matter of law.
We view facts in the light most favorable to the nonmoving party.
We review a grant of directed verdict de novo, affirming only if reasonable jurors could not reach a different conclusion.
B. Helfrich's Motion for Partial Summary Judgment
Helfrich asks us to reverse the superior court's denial of his motion for partial summary judgment. He argues that the letter Lee posted on Helfrich's door on June 1, 2005 failed to satisfy the minimum provisions of URLTA
URLTA was adopted in Alaska to govern landlord-tenant disputes.
Generally, a landlord may not evict a tenant under the FED statutes unless the landlord first gives the tenant a "notice to quit,"
URLTA also requires the landlord to give written notice of intent to terminate a tenancy.
The parties disagreed in the superi- or court whether there was a genuine dispute of material fact about whether the letter Lee posted on Helfrich's door was an eviction notice, and, accordingly, disagreed whether the letter had to satisfy the FED and URL-TA notice requirements. Valdez Motel appeared to concede that, if the letter was found to be an eviction notice, it would be defective under URLTA as a matter of law. Helfrich argued that there was no dispute that the letter was an eviction notice because it demanded that he "move out as fast as you can," and because Lee desired that Helfrich comply with that demand.
The superior court denied Helfrich's motion for partial summary judgment and his motion for reconsideration. In denying Helf-rich's motion for reconsideration, the superi- or court stated that there was "a factual dispute as to the nature of the purported
We agree with the superior court's assessment and affirm the denial of summary judgment. Although a trier of fact might have concluded that the letter was an eviction notice, the letter's words and Lee's relevant deposition testimony
C. Valdez Motel's Directed Verdict on Helfrich's URLTA Retaliation Claims
Helfrich argues that Valdez Motel violated URLTA's anti-retaliation provision and that the superior court therefore erred in granting Valdez Motel's motion for directed verdict on his URLTA retaliation claim.
Alaska Statute 34.03.810(a) prohibits a landlord from retaliating against a tenant "by increasing rent or decreasing services or by bringing or threatening to bring an action for possession affer the tenant has ... (2) sought to enforce rights and remedies granted the tenant under this chapter."
URLTA requires that landlords maintain fit premises.
We have said that the public policy behind AS 34.08.310 is to encourage tenants to "assert their rights under their leases and under the law."
We have emphasized that Alaska's adoption of URLTA "accord[ed] tenants previously unrecognized rights by recognizing the contractual nature of the landlord-tenant relationship."
We conclude that tenants' personal injury claims seeking recovery for injuries resulting from landlords' alleged negligence do not "[seek] to enforce rights and remedies granted the tenant under [URLTA]"
There may be good policy reasons supporting a broader interpretation of subsection .810(a)(2). Tenants who file personal injury lawsuits seek damages for injuries resulting from past conditions, not for ongoing noncompliance with URLTA's duty to maintain premises safe and fit for habitation. Nonetheless, personal injury lawsuits or claims may motivate landlords to comply with URLTA-by maintaining safe premises-to avoid future litigation or even to mitigate dangerous conditions identified in the claim or lawsuit. Moreover, URLTA's anti-retaliation provision reflects our policy of encouraging tenants to "assert their rights under their leases and under the law."
Despite these considerations, we conclude that a narrower reading is more consistent with the text and structure of AS 34.03.310(a)(2). That subsection's plain text protects from retaliation only a tenant's actions to enforce rights and remedies under URLTA. URLTA's remedy for breach of the landlord's statutory duties under AS 34.03.100(a) and the common law tort remedy for personal injury damages are not the same. Other states have enacted versions of URLTA with broader protections. Oregon's statute prohibits retaliation against any tenant who "has performed or expressed intent to perform any other act for the purpose of asserting, protecting or invoking the protection of any right secured to tenants under any federal, state or local law."
Our analysis is confirmed by our review of statutory schemes elsewhere. Several other states adopting URLTA have also adopted provisions similar to AS 84.03.810(q)(@).
Helfrich's purported eviction occurred after he requested compensation for personal injuries allegedly suffered as a result of Valdez Motel's negligence. Because we have held that claims for compensation
On appeal Helfrich alleges that Valdez Motel failed to comply with the requirement that it "keep all common areas of the premises in a clean and safe condition."
Likewise, the letter refers to typical personal injury remedies for an on-premises slip and fall: out-of-pocket medical expenses plus unspecified "damages." The demand letter did not explicitly refer to or implicitly invoke any statutory URLTA remedy. Its exclusive focus was on recovery of what would be considered common law tort damages. A tenant may sue under URLTA to "recover damages and obtain injunctive relief for any noncompliance by the landlord with ... AS 34.03.100...." But remedies for a landlord's noncompliance with URLTA generally relate to habitability or fitness disputes. URLTA damages compensate tenants who live with conditions that render a dwelling unfit, uninhabitable, or unsafe, or who are constructively evicted by those conditions.
Helfrich could have threatened to sue under both tort law and URLTA, but only invoked rights granted by Alaska's tort law and only sought typical common law tort remedies. Helfrich's attorney's demand letter did not, in the words of AS 34.08.310(2)(2), seek "to enforce rights and remedies granted" under URLTA.
We conclude that subsection .310(a)(2) is inapplicable as a matter of law, and that no reasonable juror could find any facts that would support a verdict for Helf-rich on his retaliation claim.
D. Rule 82 Attorney's Fees
The trial court awarded Valdez Motel, as the prevailing party, attorney's fees under Alaska Rule of Civil Procedure 82.
IV. CONCLUSION
The superior court orders denying Helf-rich's motion for partial summary judgment, granting Valdez Motel's motion for directed verdict, and awarding attorney's fees are AFFIRMED.
. AS 34.03.310(a)(2).
. Because the superior court resolved the issues raised in this appeal on summary judgment and directed verdict, the superior court did not make factual findings. Our fact description relies on the superior-court record, including exhibits, depositions taken after Helfrich filed his complaint, and transcripts of the relevant trial proceedings. In describing the facts, we take permissible inferences in favor of the nonmovant. We are not finding facts or resolving factual disputes.
. The amount of the resulting rent increase is unclear from the record. The new total appears to have been either $900 per month or $106 per day.
. AS 34.03.010 et seq.
. Ondrusek v. Murphy, 120 P.3d 1053, 1055 (Alaska 2005) (citing City of Kodiak v. Samaniego, 83 P.3d 1077, 1082 (Alaska 2004)) (affirming denial of summary judgment on negligence claim because genuine issue of material fact existed).
. Id. at 1056.
. D.P. v. Wrangell Gen. Hosp., 5 P.3d 225, 228 (Alaska 2000) (citing Fairbanks N. Star Borough v. Lakeview Enters., Inc., 897 P.2d 47, 53 n. 5 (Alaska 1995)) (reversing grant of directed verdict in favor of hospital in medical malpractice action).
. Id.
. As a preliminary matter, it is unclear whether URLTA applies to this case. AS 34.03.330(b) exempts from URLTA's requirements "(4) transient occupancy in a hotel, motel, lodgings, or other transient facility" and "(5) occupancy by an employee of a landlord whose right to occupancy is conditioned upon employment substantially for services, maintenance, or repair to the premises." Neither party argues here that URL-TA does not apply, and we therefore assume that it does. We express no opinion as to whether the exceptions would apply in this case.
. AS 34.03.010.
. AS 09.45.060-.160; McCall v. Fickes, 556 P.2d 535, 539 (Alaska 1976).
. AS 09.45.100(a).
. Brack's Law Dictionary 1093 (8th ed. 2004).
. AS 09.45.100(c).
. AS 09.45.105(1).
. AS 09.45.105(2).
. AS 09.45.105(3).
. AS 34.03.220(b), .290(b).
. AS 34.03.220(b).
. AS 34.03.290(b).
. Helfrich's brief on appeal raises for the first time an argument based on Valdez Motel's response to one of his requests for admission. In 'Request for Admission Number 28," Helfrich stated, "Please admit that [Lee's letter] was intended to be a notice of eviction." Valdez Motel responded, "Admit." The superior court has a "duty to go 'outside the pleadings to consider the entire setting of the case to the extent that the material was brought to the court's attention by the parties on the motion." Prentzel v. State, Dep't of Pub. Safety, 169 P.3d 573, 582 (Alaska 2007) (quoting Jennings v. State, 566 P.2d 1304, 1310 (Alaska 1977)) (emphasis added).
The superior court denied Helfrich's motion for partial summary judgment on December 4, 2006 and denied his motion for reconsideration on January 10, 2007. The trial began on May 14, 2007. It appears that Helfrich did not file the admission with the superior court or otherwise bring it to the court's attention before it was admitted as an exhibit at trial. Although Helf-rich attached other exhibits to his motion for partial summary judgment, he did not attach the admission to that motion or to his motion for reconsideration. Nor did Helfrich mention the admission in either motion or his reply to Valdez Motel's summary judgment opposition. Helfrich does not appear to have renewed his motion for partial summary judgment at any point after the admission was filed with the court. Because Helfrich did not bring the admission to the court's attention when he moved for summary judgment or before the court denied the motion, we do not consider this argument on appeal.
Even if the admission had been submitted before the court ruled, it would not have compelled a grant of Helfrich's summary judgment motion given our conclusion below that the superior court did not err in concluding that there was a factual dispute about the nature of the notice.
. Lee testified that as a friend he did not wish to see Helfrich again and that as a landlord he "probably would have preferred that [Helfrich] would have moved out." In response to Cook's question whether the letter was "tantamount to an eviction notice," Lee responded that "[in my mind it was a note from-you know, more of a friend's reaction than it was an employee/employer reaction."
. Helfrich asks us to grant him summary judgment and remand for determination of actual damages for FED and URLTA violations. In his amended complaint, Helfrich alleged that the failure to comply with FED and URLTA's mandatory eviction procedures was an unfair practice under the Alaska Unfair Practices and Consumer Protection Act, AS 45.50.471-561. But Cook waived the unfair practices claim at trial, and did not assert any other claims for damages based on deficiencies in the alleged notice to quit. Although Helfrich argues on appeal that the alleged notice to quit violates URLTA and FED as a maiter of law, he does not specify how he was damaged by the alleged deficiencies. He also does not argue in the alternative that we remand for determination as a matter of fact whether the alleged notice was actually an eviction notice and, therefore, whether Helfrich suffered damages based on the alleged deficiencies. Any claim of damages resulting from deficiencies in the alleged notice is therefore waived.
. AS 34.03.310(a)(2) (emphasis added). "[This chapter" refers to Chapter 03, the Uniform Residential Landlord and Tenant Act. URLTA also protects other types of tenant conduct from retaliation by landlords, AS 34.03.310(a), but enforcement of rights and remedies granted under URL-TA is the only type of tenant conduct at issue in this case.
. AS 34.03.310(a)(2).
. AS 34.03.100(a).
. AS 34.03.100(a)(1).
. AS 34.03.100(a)(2).
. AS 34.03.100(a)(3).
. AS 34.03.100(a)(4).
. AS 34.03.100(a)(5).
. AS 34.03.100(a)(6).
. AS 34.03.100(a)(7).
. AS 34.03.160(a) & (b). That provision states "(b) Except as provided in this chapter, the tenant may recover damages and obtain injunctive relief for any noncompliance by the landlord
Tenants have additional URLTA remedies for violations of URLTA rights not implicated in this case. For example, if a landlord fails to deliver possession, a tenant is entitled to rent abatement, may terminate the tenancy, and may maintain an action for possession. AS 34.03.170. If a landlord wrongfully fails to supply heat, water, hot water, or essential services, a tenant may deduct from the rent reasonable cost of replacement services, diminution in fair rental value, and substitute housing if necessary. AS 34.03.180. In case of fire or casualty damage, a tenant may terminate the tenancy or deduct from the rent for diminution in fair rental value. AS 34.03.200. And if a landlord wrongfully ousts, excludes, or diminishes services, a tenant may terminate the tenancy or recover possession and sue for up to one and a half times actual damages. AS 34.03.210.
. Vinson v. Hamilton, 854 P.2d 733, 736 (Alaska 1993) (holding litigant was entitled to continuance to prepare defense of retaliatory eviction because even month-to-month tenants may raise this defense).
. McCall v. Fickes, 556 P.2d 535, 537-38 (Alaska 1976).
. AS 34.03.100.
. AS 34.03.160(b).
. AS 34.03.310(a)(2).
. Vinson, 854 P.2d at 736.
. Id.
. Or.Rev.Smat § 90.385 (2003).
. E.g., NM. Stat. § 47-8-39 (1978) (providing an owner may not retaliate against a tenant because she, in the previous six months, "prevailed in a lawsuit as either plaintiff or defendant or has a lawsuit pending against the owner relating to the residency"); Tenn.Code Ann. § 66-28-514 (1999) (prohibiting retaliation if tenant has "made use of remedies provided under this chapter"); Wash. Rev.Code § 59.18.240 (2004) (prohibiting retaliation for "[alssertions or enforcement by the ienant of his rights and remedies under this chapter").
. The statute prohibits retaliation for "[alctions taken in good faith, by or in behalf of the tenant, to secure or enforce any rights under the lease or rental agreement ... or under any other law of the state of New York, or of its governmental subdivisions, or of the United States which has as its objective the regulation of premises used for dwelling...." N.Y. Rear Prop. Law § 223-b(1)(b) (McKinney 2006).
. Pezzolanella v. Galloway, 132 Misc.2d 429, 503 N.Y.S.2d 990 (N.Y.City Ct. 1986).
. N.Y. Rear Prop. Law § 235-b (McKinney 2006), quoted in Pezzolanella, 503 N.Y.S.2d at 991.
. Peszolanella v. Galloway, 132 Misc.2d 429, 503 N.Y.S.2d 990, 991 (N.Y.City Ct. 1986).
. Id.
. Id.
. Id. at 992-93.
. Id.
. AS 34.03.310(a)(2).
. AS 34.03.100(a)(2).
. AS 34.03.160-.210.
. See, eg., AS 34.03.200 (providing tenant remedies for fire or casualty damages).
. AS 34.03.310(a)(2).
. Any claim Helfrich may bave made in the superior court regarding unlawful ouster is waived. Helfrich states in his brief to this court that "[wlhile Helfrich believes that he was wrongfully ousted by both the unlawful eviction notice and the retaliatory demand for enhanced rent ..., his argument here does not rely here upon Alaska's wrongful ouster statute." See AS 34.03.210.
Any claim of ouster in this case would be problematic in any event. Unlawful ouster involves the landlord's physical interference with the tenant's ability to inhabit the premises. Schaefer v. Murphey, 131 Ariz. 295, 640 P.2d 857, 860 (1982) (holding that service of unlawful notice to quit, followed by tenant's vacating premises, was not unlawful ouster); see also 49 Am.Jur. 2d Landlord and Tenant § 515 (2006) (contrasting ouster with constructive eviction so as to suggest that ouster involves "physical dispossession"). Valdez Motel did not physically interfere with Helfrich's possession.
. Helfrich also states that "[elven if, arguendo, these actions were not within Alaska's specific statutory prohibition on retaliatory conduct, they are certainly a breach of the URLTA duty of good faith"" contained in AS 34.03.320. Helfrich does not elaborate on this argument. The argument is therefore waived because it is inadequately briefed. Shearer v. Mundt, 36 P.3d 1196, 1199 (Alaska 2001) (stating that generally "issues not briefed or only cursorily briefed are considered waived").
. Alaska Rule of Civil Procedure 82 provides for award of attorney's fees to the prevailing party in civil litigation. If the prevailing party recovers no money judgment, attorney's fees are calculated according to Rule 82(b)(2).
. Helfrich raises no objection to the award of Rule 82 attorney's fees beyond his argument that he should have prevailed.
Dissenting Opinion
with whom CARPENETI, Justice, joins, dissenting in part.
I respectfully dissent from the court's decision to affirm the trial court's directed verdict dismissing Richard Steve Helfrich's statutory retaliation claim under Alaska's Uniform Residential Landlord and Tenant Act.
One of the purposes and policies underlying the Act is to encourage landlords to properly maintain rental premises.
Prior to the Act landlords had some immunity from liability for personal injuries caused by dangerous conditions of a rental premises.
because it would be inconsistent with a landlord's continuing duty to repair premises imposed under the [Act] to exempt from tort liability a landlord who fails in this duty. The legislature by adopting the [Act] has accepted the policy reasons on which the warranty of habitability is based. These are the need for safe and adequate housing, recognition of the inability of many tenants to make repairs, and of their financial disincentives for doing so, since the value of permanent repairs will not be fully realized by a short-term occupant.[11 ]
The Act provides some protections to a tenant who complains about the condition of the rental premises. A landlord "may not retaliate ... by bringing or threatening to bring" eviction proceedings "after the tenant has complained to the landlord of a violation of AS 34.03.100."
A tenant has two separate, but cumulative, statutory remedies for a landlord's failure to comply with AS 34.03.100.
The Act also provides some protections for the assertion of these rights and remedies. A landlord "may not retaliate ... by bringing or threatening to bring" eviction proceedings "after the tenant has ... sought to enforce rights and remedies granted the tenant under [the Act]."
In this case Helfrich asserted a claim that Valdez Motel Corporation illegally retaliated against him with an eviction notice after his attorney made contact to seek the payment of medical bills and related damages incurred as a result of Valdez Motel's alleged failure to maintain a common area in a safe condition. The trial court found that Helfrich was a tenant of Valdez Motel and that his tenancy was covered by the Act, and Valdez Motel does not contest that finding.
After receipt of the letter Valdez Motel's representative placed what Valdez Motel later admitted was intended to be an eviction notice on Helfrich's room door, stating in part: "I really don't appreciate getting a threatening letter from an attorney. I think ... it is best you move out as fast as you can. I recommend perhaps moving in with whoever gave you such back stabbing [sic ] advice. If no one, I guess it is time for a tent (on someone else's property)." Helfrich vacated the premises immediately after finding the eviction notice.
The trial court granted Valdez Motel's motion for a directed verdict on Helfrich's retaliation claim at the close of his case-in-chief. The trial court conceded Helfrich had presented evidence that he sought to enforce rights, but concluded the rights Helfrich was attempting to enforee were not rights related to his tenancy. The trial court stated that a negligence action stands on its own without any connection to a landlord-tenant relationship and that seeking damages for personal injuries caused by unsafe conditions on the landlord's property is not encompassed within AS 34.08.160(b).
By affirming the trial court's decision, the court ignores or repudiates Newton v. Magill and Vinson v. Hamilton and the policies underlying those cases, and also ignores the legislature's statement of the Act's purposes and policies and its mandate that the Act be liberally construed to promote those purposes and policies.
The court proceeds as if a landlord's tort duties to tenants rest only on the evolution of the common law duties of property owners and have nothing whatsoever to do with the Act and its modification of the tenancy relationship between the landlord and tenant. Newton v. Magill dispels that notion: a landlord's tort duties to tenants are what they are today because of the Act.
The court ably details the reasons this interpretation of the Act would promote its purposes and policies, but instead adopts a "narrower reading" of the Act. This narrow reading of the Act is in direct conflict with: (1) the legislature's mandate for liberal application of the Act; (2) the liberal effect given the Act in Newton v. Magill; and (3) Vinson v. Hamilton's liberal interpretation and construction of the public policy underlying the anti-retaliation provisions of AS 34.08.310. From a practical standpoint, the court's narrow reading of the Act produces a perverse framework of anti-retaliation protection.
The tenant who complains about unsafe conditions of a stairway cannot be threatened with eviction for her complaints-but when her child is injured on the unsafe stairway and she seeks to have the landlord take responsibility and pay the child's medical bills, she can be evicted with impunity. The tenant who complains about plumbing problems eannot be threatened with eviction for his complaints-but when the plumbing explodes, raw sewage covers his basement apartment, and he seeks to have the landlord take responsibility and pay for cleaning or replacing his personal property, or for precautionary inoculations against disease, he can be evicted with impunity. This should not be the law of Alaska.
We should promote the statutory purpose of encouraging landlords to maintain rental premises. We should promote the public policy of encouraging tenants to assert their rights under the Act without fear of eviction
The court seems to fear that acknowledging a retaliation claim under Helfrich's cireumstances is an acknowledgment of some kind of strict liability standard accompanying the landlord's repair and maintenance obligations under AS 34.03.1100. But we expressly rejected that possibility in Newton v. Magill.
I would reverse the trial court's directed verdict on Helfrich's statutory retaliation claim and remand for trial of that claim.
. AS 34.03.
. AS 34.03.010(b)(2). The legislature has directed that the Act "be liberally construed and applied to promote its underlying purposes and policies." AS 34.03.010(a).
. AS 34.03.100(a)(1).
. AS 34.03.100(a)(2).
. AS 34.03.360(14).
. Newton v. Magill, 872 P.2d 1213, 1216 (Alaska 1994) (identifying Alaska's common law rules of landlord liability).
. Id. at 1214, 1217 (citing AS 34.03. 1100).
. Id. at 1217 (citing Webb v. City & Borough of Sitka, 561 P.2d 731, 733 (Alaska 1977)).
. Id. at 1217-18.
. Id. at 1218.
. Id. at 1217.
. AS 34.03.310(a)(1). "Complained" is not defined in the Act, but the relevant Webster's definition of "complain" is "to express discontent [or] dissatisfaction." Wesstea's Teo New Inter wmationat Dictionary 464 (2002). See AS 01.10.040(a) (instructing that "[wJords and phrases shall be construed according to the rules of grammar and according to their common and approved usage").
. 854 P.2d 733, 736 (Alaska 1993).
. AS 34.03.160(a)-(c).
. AS 34.03.160(a).
. Id. (emphasis added).
. AS 34.03.160(b)-(c) (emphasis added).
. AS 34.03.310(a).
. The statutory remedy afforded a victim of illegal retaliation is limited. Under AS 34.03.310(b) a tenant may assert retaliation as a defense to an eviction action and is entitled to the same statutory remedies afforded to a tenant expressly or constructively evicted in violation of law; in the latter event "the tenant may recover possession or terminate the rental agreement and, in either case, recover an amount not to exceed one and one-half times the actual damages." AS 34.03.210.
. Newton, 872 P.2d at 1217-18.
. Id. at 1218.
. The Act does not define "damages," nor does the Act expressly limit "damages," but common usage of the term certainly favors Helfrich and supports my view of Newton v. Magill Webster's defines "damages" as compensation "imposed by law for a wrong or injury caused by a violation of a legal right." Wesster's Third New International Dictionary 571 (2002). Black's defines "damages" as monetary "compensation for loss or injury." Buack's Law Dictionary 416 (8th ed. 2004).
. The court also seems to hold that unless a tenant expressly refers to a specific provision of the Act in a communication to a landlord, the communication will not be interpreted to refer to rights under the Act at all. This is form over substance and clearly inconsistent with the purposes and policies of the Act, especially the anti-retaliation provisions of AS 34.03.310. The relevant inquiry should be whether the rights asserted by the tenant are protected by the Act, not whether the tenant is conscious of the specifics of the Act. The fact that Helfrich's attorney sought medical bill reimbursement and damages for injuries alleged from an unsafe condition on the rental premises is sufficient to invoke the protections of AS 34.03.100(b) and AS 34.03.310(a).
. I also note my view that a demand or suit for compensation made in the context of a continuing tenancy can be easily construed as an expression of discontent or dissatisfaction with the landlord's performance of obligations under AS 34.03.100, i.e., a complaint protected from retaliation by AS 34.03.310. See Newton, 872 P.2d at 1216.
Reference
- Full Case Name
- Richard Steve HELFRICH, Appellant, v. VALDEZ MOTEL CORPORATION, Appellee
- Cited By
- 6 cases
- Status
- Published