H-2026.1 _______________________________________________
SUBSTITUTE HOUSE BILL 1696
_______________________________________________
State of Washington 52nd Legislature 1991 Regular Session
By House Committee on Housing (originally sponsored by Representatives Miller, Anderson, Mitchell, Nelson, Ballard, Leonard, Winsley, Franklin, Ferguson, Cole, Ogden, Wineberry, R. King, Betrozoff, Brekke, Paris, Casada, Bowman and Fraser).
Read first time February 27, 1991.
AN ACT Relating to surplus property for affordable housing; amending RCW 43.63A.510, 36.34.135, and 47.12.063; adding a new section to chapter 28A.335 RCW; adding a new section to chapter 35.21 RCW; adding a new section to chapter 36.34 RCW; and creating a new section.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1. The legislature finds that the lack of available land and the rising cost of land are major barriers to the development of housing that is affordable to persons of low income.
The legislature further finds that there are publicly owned lands and buildings that may be suitable to be marketed, sold, leased, or exchanged for the development of affordable housing.
The legislature further finds that nonprofit organizations can play an important role in the production and operation of housing affordable to persons of low income.
It is the intent of the legislature to aid in the development of affordable housing by nonprofit organizations by providing a central location of inventories of publicly owned lands and buildings that may be suitable to be marketed, sold, leased, or exchanged for the development of affordable housing. It is also the intent of the legislature to consider the return to the state by having the housing developed by nonprofit organizations when determining fair market value of publicly owned land and buildings.
Sec. 2. RCW 43.63A.510 and 1990 c 253 s 6 are each amended to read as follows:
The
department shall work with the departments of natural resources,
transportation, and general administration to identify and catalog
under-utilized, state-owned land and property for possible lease or sale for
affordable housing. The department shall provide an inventory of real
property that is owned or administered by each agency and is available for
lease. The inventories shall be provided to the department by November 1, ((1990))
1991, with inventory revisions provided each November 1 thereafter. The
department shall assist local governments, public housing authorities, public
nonprofit organizations, and private nonprofit organizations in obtaining ((long-term
leases of)) suitable and available sites. The leases or sales shall
be for the purpose of providing sites to be used for affordable housing for ((farmworkers))
persons of low income as defined in RCW 35.21.685 or 36.32.415. As used in
this section, "affordable housing" means residential housing where at
least fifty-one percent of the dwelling units are occupied by persons of low
income and the annual rent, including utilities other than the telephone, on
the dwelling units occupied by persons of low income does not exceed thirty
percent of eighty percent of the county median income, adjusted for household
size, for the county where the housing is located.
NEW SECTION. Sec. 3. A new section is added to chapter 28A.335 RCW to read as follows:
Every school district shall identify and catalog real property of the district that is no longer required for school purposes that is available for possible lease or sale for housing for persons of low income as defined in RCW 35.21.685 or 36.32.415. The inventory shall include the location and approximate size of the property. A copy of the inventory shall be provided to the state department of community development by November 1, 1991, with inventory revisions provided each November 1 thereafter.
NEW SECTION. Sec. 4. A new section is added to chapter 35.21 RCW to read as follows:
Every city and town, including every code city as defined in Title 35A RCW, shall identify and catalog the under-utilized real property that it owns that is available for possible lease or sale for housing for persons of low income as defined in RCW 35.21.685. The inventory shall include the location and approximate size of the property. A copy of the inventory shall be provided to the state department of community development by November 1, 1991, with inventory revisions provided each November 1 thereafter.
NEW SECTION. Sec. 5. A new section is added to chapter 36.34 RCW to read as follows:
Every county shall identify and catalog the under-utilized real property that it owns that is available for possible lease or sale for affordable housing. The inventory shall include location and approximate size of the property. The inventory shall be provided to the department of community development by November 1, 1991, with inventory revisions provided each November 1 thereafter.
Sec. 6. RCW 36.34.135 and 1990 c 253 s 7 are each amended to read as follows:
If a
county owns property that is located anywhere within the county, including
within the limits of a city or town, and that is suitable for ((seasonal or
migrant farmworker)) affordable housing, the legislative authority
of the county may, by negotiation, lease the property for ((seasonal or
migrant farmworker)) affordable housing for a term not to exceed
seventy-five years to any public housing authority or nonprofit organization
that has demonstrated its ability to construct or operate affordable
housing ((for seasonal or migrant farmworkers)). Leases for affordable
housing ((for migrant and seasonal farmworkers)) shall not be subject to
any requirement of periodic rental adjustments, as provided in RCW 36.34.180,
but shall provide for such fixed annual rents as appear reasonable considering
the public, social, and health benefits to be derived by providing an adequate
supply of affordable, safe, and sanitary housing for ((migrant
and seasonal farmworkers)) persons of low income. As used in this
section, "affordable housing" means residential housing where at
least fifty-one percent of the dwelling units are occupied by persons of low
income as defined in RCW 36.32.415 and the annual rent, including utilities
other than the telephone, on the dwelling units occupied by persons of low
income does not exceed thirty percent of eighty percent of the county median
income, adjusted for household size, for the county where the housing is
located.
Sec. 7. RCW 47.12.063 and 1988 c 135 s 1 are each amended to read as follows:
(1) It is the intent of the legislature to continue the department's policy giving priority consideration to abutting property owners in agricultural areas when disposing of property through its surplus property program under this section. It is also the intent of the legislature that nonprofit organizations dedicated to providing housing for persons of low income be given priority when disposing of property suitable for residential uses through its surplus property program under this section.
(2) Whenever the department determines that any real property owned by the state of Washington and under the jurisdiction of the department is no longer required for transportation purposes and that it is in the public interest to do so, the department may sell the property or exchange it in full or part consideration for land or improvements or for construction of improvements at fair market value to any of the following governmental entities or persons:
(a) Any other state agency;
(b) The city or county in which the property is situated;
(c) Any other municipal corporation;
(d) The former owner of the property from whom the state acquired title;
(e) In the case of residentially improved property, a tenant of the department who has resided thereon for not less than six months and who is not delinquent in paying rent to the state;
(f) Any abutting private owner but only after each other abutting private owner (if any), as shown in the records of the county assessor, is notified in writing of the proposed sale. If more than one abutting private owner requests in writing the right to purchase the property within fifteen days after receiving notice of the proposed sale, the property shall be sold at public auction in the manner provided in RCW 47.12.283;
(g) To
any person through the solicitation of written bids through public advertising
in the manner prescribed by RCW 47.28.050; ((or))
(h) To any other owner of real property required for transportation purposes; or
(i) In the case of property suitable for residential use, any nonprofit organization dedicated to providing housing to persons of low income as defined in RCW 35.21.685 or 36.32.415.
(3) Sales to purchasers may at the department's option be for cash, by real estate contract, or exchange of land or improvements. Transactions involving the construction of improvements must be conducted pursuant to chapter 47.28 RCW or Title 39 RCW, as applicable, and must comply with all other applicable laws and rules.
(4) Conveyances made pursuant to this section shall be by deed executed by the secretary of transportation and shall be duly acknowledged.
(5) All moneys received pursuant to the provisions of this section less any real estate broker commissions paid pursuant to RCW 47.12.320 shall be deposited in the motor vehicle fund.