CERTIFICATION OF ENROLLMENT
ENGROSSED HOUSE BILL 1740
1991 Regular Session
Passed by the House March 11, 1991
Yeas 96 Nays 0
Speaker of the
House of Representatives
Passed by the Senate April 9, 1991
Yeas 47 Nays 0
President of the Senate
Governor of the State of Washington
I, Alan Thompson, Chief Clerk of the House of Representatives of the State of Washington, do hereby certify that the attached is ENGROSSED HOUSE BILL 1740 as passed by the House of Representatives and the Senate on the dates hereon set forth.
Secretary of State
State of Washington
ENGROSSED HOUSE BILL 1740
AS AMENDED BY THE SENATE
Passed Legislature - 1991 Regular Session
State of Washington 52nd Legislature 1991 Regular Session
By Representatives Ogden, Winsley, Nelson, Leonard, May, Ebersole, Ballard, R. Johnson and Wineberry.Read first time February 7, 1991. Referred to Committee on Housing.
AN ACT Relating to public housing authorities; and amending RCW 35.82.070, 35.82.130, 35.82.285, 35.83.020, and 35.83.030.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 35.82.070 and 1989 c 363 s 2 are each amended to read as follows:
An authority shall constitute a public body corporate and politic, exercising public and essential governmental functions, and having all the powers necessary or convenient to carry out and effectuate the purposes and provisions of this chapter, including the following powers in addition to others herein granted:
(1) To sue and be sued; to have a seal and to alter the same at pleasure; to have perpetual succession; to make and execute contracts and other instruments, including but not limited to partnership agreements and joint venture agreements, necessary or convenient to the exercise of the powers of the authority; to participate in the organization or the operation of a nonprofit corporation which has as one of its purposes to provide or assist in the provision of housing for persons of low income; and to make and from time to time amend and repeal bylaws, rules and regulations, not inconsistent with this chapter, to carry into effect the powers and purposes of the authority.
(2) Within its area of operation: To prepare, carry out, acquire, lease and operate housing projects; to provide for the construction, reconstruction, improvement, alteration or repair of any housing project or any part thereof; to agree to rent or sell dwellings forming part of the projects to or for persons of low income. Where an agreement or option is made to sell a dwelling to a person of low income, the authority may convey the dwelling to the person upon fulfillment of the agreement irrespective of whether the person is at the time of the conveyance a person of low income. Leases, options, agreements, or conveyances may include such covenants as the authority deems appropriate to assure the achievement of the objectives of this chapter.
(3) To acquire, lease, rent, sell, or otherwise dispose of any commercial space located in buildings or structures containing a housing project or projects.
(4) To arrange or contract for the furnishing by any person or agency, public or private, of services, privileges, works, or facilities for, or in connection with, a housing project or the occupants thereof; and (notwithstanding anything to the contrary contained in this chapter or in any other provision of law) to include in any contract let in connection with a project, stipulations requiring that the contractor and any subcontractors comply with requirements as to minimum wages and maximum hours of labor, and comply with any conditions which the federal government may have attached to its financial aid of the project.
lease or rent any dwellings, houses, accommodations, lands, buildings,
structures or facilities embraced in any housing project and (subject to the
limitations contained in this chapter) to establish and revise the rents or
charges therefor; to own or manage buildings containing a housing project or
projects as well as commercial space or other dwelling units that do not
constitute a housing project as that term is defined in this chapter: PROVIDED,
That notwithstanding the provisions under subsection (1) of this section,
dwelling units ((
that constitute a housing project)) made available
to persons of low income, together with functionally related and subordinate
facilities, shall occupy at least thirty percent of the interior space of
any individual building (( in the project)) other than a detached
single-family or duplex residential building(( ,)) or mobile or
manufactured home and at least fifty percent of the interior space in the
total (( project)) development owned by the authority or at least
fifty percent of the total number of units in the development owned by the
authority, whichever produces the greater number of units for persons of low
income, and for mobile home parks, the mobile home lots made available to
persons of low income shall be at least fifty percent of the total number of
mobile home lots in the park owned by the authority; to own, hold, and
improve real or personal property; to purchase, lease, obtain options upon,
acquire by gift, grant, bequest, devise, or otherwise including financial
assistance and other aid from the state or any public body, person or
corporation, any real or personal property or any interest therein; to acquire
by the exercise of the power of eminent domain any real property; to sell,
lease, exchange, transfer, assign, pledge, or dispose of any real or personal
property or any interest therein; to sell, lease, exchange, transfer, or
dispose of any real or personal property or interest therein at less than fair
market value to a governmental entity for any purpose when such action assists
the housing authority in carrying out its powers and purposes under this
chapter, to a low-income person or family for the purpose of providing housing
for that person or family, or to a nonprofit corporation provided the nonprofit
corporation agrees to sell the property to a low-income person or family or
to use the property for the provision of housing for persons of low income
for at least twenty years; to insure or provide for the insurance of any real
or personal property or operations of the authority against any risks or
hazards; to procure or agree to the procurement of insurance or guarantees from
the federal government of the payment of any bonds or parts thereof issued by
an authority, including the power to pay premiums on any such insurance.
(6) To invest any funds held in reserves or sinking funds, or any funds not required for immediate disbursement, in property or securities in which savings banks may legally invest funds subject to their control; to purchase its bonds at a price not more than the principal amount thereof and accrued interest, all bonds so purchased to be canceled.
(7) Within its area of operation: To investigate into living, dwelling and housing conditions and into the means and methods of improving such conditions; to determine where slum areas exist or where there is a shortage of decent, safe and sanitary dwelling accommodations for persons of low income; to make studies and recommendations relating to the problem of clearing, replanning and reconstructing of slum areas, and the problem of providing dwelling accommodations for persons of low income, and to cooperate with the city, the county, the state or any political subdivision thereof in action taken in connection with such problems; and to engage in research, studies and experimentation on the subject of housing.
(8) Acting through one or more commissioners or other person or persons designated by the authority: To conduct examinations and investigations and to hear testimony and take proof under oath at public or private hearings on any matter material for its information; to administer oaths, issue subpoenas requiring the attendance of witnesses or the production of books and papers and to issue commissions for the examination of witnesses who are outside of the state or unable to attend before the authority, or excused from attendance; to make available to appropriate agencies (including those charged with the duty of abating or requiring the correction of nuisances or like conditions, or of demolishing unsafe or insanitary structures within its area of operation) its findings and recommendations with regard to any building or property where conditions exist which are dangerous to the public health, morals, safety or welfare.
(9) To initiate eviction proceedings against any tenant as provided by law. Activity occurring in any housing authority unit that constitutes a violation of chapter 69.41, 69.50 or 69.52 RCW shall constitute a nuisance for the purpose of RCW 59.12.030(5).
(10) To exercise all or any part or combination of powers herein granted.
No provisions of law with respect to the acquisition, operation or disposition of property by other public bodies shall be applicable to an authority unless the legislature shall specifically so state.
(11) To agree (notwithstanding the limitation contained in RCW
35.82.210) to make such payments in lieu of taxes as the authority finds
consistent with the achievement of the purposes of this chapter.
(12) To exercise the powers granted in this chapter within the
boundaries of any city, town, or county not included in the area in which such
housing authority is originally authorized to function: PROVIDED, HOWEVER, The
governing or legislative body of such city, town, or county, as the case may
be, adopts a resolution declaring that there is a need for the authority to
function in such territory.
(13) To administer contracts for assistance payments to persons of low
income in accordance with section 8 of the United States Housing Act of 1937,
as amended by Title II, section 201 of the Housing and Community Development
Act of 1974, P.L. 93-383.
(14) To sell at public or private sale, with or without public bidding,
for fair market value, any mortgage or other obligation held by the authority.
(15) To the extent permitted under its contract with the holders of
bonds, notes, and other obligations of the authority, to consent to any
modification with respect to rate of interest, time and payment of any
installment of principal or interest security, or any other term of any
contract, mortgage, mortgage loan, mortgage loan commitment, contract or
agreement of any kind to which the authority is a party.
(16) To make, purchase, participate in, invest in, take assignments
of, or otherwise acquire loans to persons of low income to enable them to
(( rehabilitate their dwellings or purchase a dwelling)) acquire,
construct, reconstruct, rehabilitate, improve, lease, or refinance their dwellings,
and to take such security therefor as is deemed necessary and prudent by the
(17) To make, purchase, participate in, invest in, take assignments of,
or otherwise acquire loans for the acquisition, construction, reconstruction,
rehabilitation, improvement, leasing, or refinancing of land, buildings,
or developments (( containing)) for housing for persons of low
income. (( However, an authority shall not finance the acquisition or
construction of new buildings or developments under this subsection unless:
(a) All of the housing within the building or development will be made
available to persons of low income; (b) a federal, state, or local government
loan, grant, or investment is provided with respect to the building or
development; or (c) a housing authority owns at least a twenty-five percent
interest in the completed building or development or at least twenty-five
percent of the number of housing units therein.)) For purposes of this
subsection, development shall include either land or buildings or both.
building or)) development financed under this subsection shall be
subject to (( a covenant)) an agreement that for at least twenty
years the dwelling units (( that constitute a housing project)) made
available to persons of low income together with functionally related and
subordinate facilities shall occupy at least thirty percent of the interior
space of any individual building (( in the project)) other than a
detached single-family or duplex residential building or mobile or
manufactured home and shall occupy at least fifty percent of the
interior space in the total (( project; and be made available to persons of
low income for at least twenty years. For purposes of this subsection,
dwelling units that constitute a housing project in any building or development
owned by other than a nonprofit corporation and are made available for rent
shall: Not be rented to persons whose incomes exceed fifty percent of the area
median income; and not have rents that exceed fifteen percent of the area
median income)) development or at least fifty percent of the total
number of units in the development, whichever produces the greater number of
units for persons of low income. For mobile home parks, the mobile home lots
made available to persons of low income shall be at least fifty percent of the
total number of mobile home lots in the park. During the term of the
agreement, the owner shall use its best efforts in good faith to maintain the
dwelling units or mobile home lots required to be made available to persons of
low income at rents affordable to persons of low income.
(b) In addition, if the development is owned by a for-profit entity, the dwelling units or mobile home lots required to be made available to persons of low income shall be rented to persons whose incomes do not exceed fifty percent of the area median income, adjusted for household size, and shall have unit or lot rents that do not exceed fifteen percent of area median income, adjusted for household size, unless rent subsidies are provided to make them affordable to persons of low income.
For purposes of this subsection (17)(b), if the development is owned directly or through a partnership by a governmental entity or a nonprofit organization, which nonprofit organization is itself not controlled by a for-profit entity or affiliated with any for-profit entity that a nonprofit organization itself does not control, it shall not be treated as being owned by a for-profit entity when the governmental entity or nonprofit organization exercises legal control of the ownership entity and in addition, (i) the dwelling units or mobile home lots required to be made available to persons of low income are rented to persons whose incomes do not exceed sixty percent of the area median income, adjusted for household size, and (ii) the development is subject to an agreement that transfers ownership to the governmental entity or nonprofit organization or extends an irrevocable right of first refusal to purchase the development under a formula for setting the acquisition price that is specified in the agreement.
Commercial space in any building ((
or development)) financed under
this subsection (( which)) that exceeds four stories in height
shall not (( contain)) constitute more than twenty percent of the
interior area (( in commercial space)) of the building. Before
financing any (( building or)) development under this subsection the
authority shall make a written finding that financing is(( :)) important
for project feasibility(( ;)) or necessary to enable the authority to
carry out its powers and purposes under this chapter.
(18) To contract with a public authority or corporation, created by a
county, city, or town under RCW 35.21.730 through 35.21.755, to act as the
developer for new housing projects or improvement of existing housing projects.
Sec. 2. RCW 35.82.130 and 1977 ex.s. c 274 s 5 are each amended to read as follows:
An authority shall have power to issue bonds from time to time in its discretion, for any of its corporate purposes. An authority shall also have power to issue refunding bonds for the purpose of paying or retiring bonds previously issued by it. An authority may issue such types of bonds as it may determine, including (without limiting the generality of the foregoing) bonds on which the principal and interest are payable: (1) exclusively form the income and revenues of the housing project financed with the proceeds of such bonds; (2) exclusively from the income and revenues of certain designated housing projects whether or not they are financed in whole or in part with the proceeds of such bonds; or (3) from all or part of its revenues or assets generally. Any such bonds may be additionally secured by a pledge of any grant or contributions from the federal government or other source, or a pledge of any income or revenues of the authority, or a mortgage of any housing project, projects or other property of the authority. Any pledge made by the authority shall be valid and binding from the time when the pledge is made and recorded; the revenues, moneys, or property so pledged and thereafter received by the authority shall immediately be subject to the lien of the pledge without any physical delivery thereof or further act, and the lien of any such pledge shall be valid and binding as against all parties having claims of any kind in tort, contract, or otherwise against the authority, irrespective or whether the parties have notice thereof. The resolution and any other instrument by which a pledge is created shall be filed or recorded.
Neither the commissioners of an authority nor any person executing the bonds shall be liable personally on the bonds by reason of the issuance thereof. The bonds and other obligations of an authority (and such bonds and obligations shall so state on their face) Shall not be a debt of the city, the county, the state or any political subdivision thereof and neither the city or the county, nor the state or any political subdivision thereof shall be liable thereon, nor in any event shall such bonds or obligations be payable out of any funds or properties other than those of said authority. The bonds shall not constitute an indebtedness within the meaning of any constitutional or statutory debt limitation or restriction. Bonds of an authority are declared to be issued for an essential public and governmental purpose and to be public instrumentalities and, together with interest thereon and income therefrom, shall be exempt from taxes. Nothing in this section shall prevent an authority from issuing bonds the interest on which is included in gross income of the owners thereof for income tax purposes.
Sec. 3. RCW 35.82.285 and 1973 1st ex.s. c 198 s 2 are each amended to read as follows:
of first class counties)) created under this chapter may
establish and operate group homes or halfway houses to serve juveniles released
from state juvenile or correctional institutions, or to serve the
developmentally disabled as defined in (( 42 U.S.C. 2670, 85 Stat. 1316))
RCW 71A.10.020(2). (( Such)) Authorities may contract for
the operation of facilities so established, with qualified nonprofit
organizations as agent of the authority. Authorities may provide support or
supportive services in facilities serving juveniles, the developmentally
disabled or other persons under a disability, and the frail elderly, whether or
not they are operated by the authority.
Action under this section shall be taken by the authority only after a public hearing as provided by chapter 42.30 RCW. In exercising this power the authority shall not be empowered to acquire property by eminent domain, and the facilities established shall comply with all zoning, building, fire, and health regulations and procedures applicable in the locality.
Sec. 4. RCW 35.83.020 and 1965 c 7 s 35.83.020 are each amended to read as follows:
The following terms, whenever used or referred to in this chapter shall have the following respective meanings, unless a different meaning clearly appears from the context:
(1) "Housing authority" shall mean any housing authority created pursuant to the housing authorities law of this state.
(2) "Housing project" shall mean any work or undertaking of a housing authority pursuant to the housing authorities law or any similar work or undertaking of the federal government.
(3) "State public body" shall mean the state of Washington and any city, town, county, municipal corporation, commission, district, authority, other subdivision or public body of the state.
(4) "Governing body" shall mean the council, the commission, board of county commissioners or other body having charge of the fiscal affairs of the state public body.
(5) "Federal government" shall include the United States of America, the United States housing authority, or any other agency or instrumentality, corporate or otherwise, of the United States of America.
Sec. 5. RCW 35.83.030 and 1965 c 7 s 35.83.030 are each amended to read as follows:
For the purpose of aiding and cooperating in the planning, undertaking, construction or operation of housing projects located within the area in which it is authorized to act, any state public body may upon such terms, with or without consideration, as it may determine:
(1) Dedicate, sell, grant, convey, or lease any of its interest in any property, or grant easements, licenses or any other rights or privileges therein to a housing authority or the federal government;
(2) Cause parks, playgrounds, recreational, community, educational, water, sewer or drainage facilities, or any other works which it is otherwise empowered to undertake, to be furnished adjacent to or in connection with housing projects;
(3) Furnish, dedicate, close, pave, install, grade, regrade, plan or replan streets, roads, roadways,
alleys, sidewalks or other places which it is otherwise empowered to undertake;
(4) Plan or replan, zone or rezone any part of such state public body; make exceptions from building regulations and ordinances; any city or town also may change its map;
(5) Cause services to be furnished to the housing authority of the character which such state public body is otherwise empowered to furnish;
(6) Enter into agreements with respect to the exercise by such state public body of its powers relating to the repair, elimination or closing of unsafe, insanitary or unfit dwellings;
(7) Employ (notwithstanding the provisions of any other law) any funds belonging to or within the control of such state public body, including funds derived from the sale or furnishing of property or facilities to a housing authority, in the purchase of the bonds or other obligations of a housing authority; and exercise all the rights of any holder of such bonds or other obligations;
(8) Do any and all things, necessary or convenient to aid and cooperate in the planning, undertaking, construction or operation of such housing projects;
(9) Incur the entire expense of any public improvements made by such state public body in exercising the powers granted in this chapter;
(10) Enter into agreements (which may extend over any period, notwithstanding any provision or rule of law to the contrary), with a housing authority respecting action to be taken by such state public body pursuant to any of the powers granted by this chapter. Any law or statute to the contrary notwithstanding, any sale, conveyance, lease or agreement provided for in this section may be made by a state public body without appraisal, advertisement or public bidding: PROVIDED, There must be five days public notice given either by posting in three public places or publishing in the official county newspaper of the county wherein the property is located; and
(11) With respect to any housing project which a housing authority has acquired or taken over from the federal government and which the housing authority by resolution has found and declared to have been constructed in a manner that will promote the public interest and afford necessary safety, sanitation and other protection, no state public body shall require any changes to be made in the housing project or the manner of its construction or take any other action relating to such construction.