Brief Summary of Bill

Authorizes cities and towns to adopt ordinances regulating the creation of tiny house communities, including through use of the binding site plan method.
Prohibits cities and towns from adopting ordinances that prevent entry or require removal of a tiny house with wheels used as a primary residence in a manufactured/mobile home community.
Applies all rights and subjects all duties and penalties under the Manufactured/Mobile Home Landlord-Tenant Act to tenants of tiny house communities.

Background: Binding Site Plan. The state subdivision law governs the manner in which cities and counties administer the division of land into parcels for the purpose of sale, lease, or other transfers of ownership. The subdivision law is intended to prevent overcrowding of land, reduce congestion on streets and highways, and provide adequate water, sewerage, and other infrastructure to property, among other objectives.

A city, town, or county may adopt by ordinance procedures for the divisions of land by use of a binding site plan as an alternative to the state subdivision law. The use of a binding site plan ordinance is limited to only a few circumstances, including divisions of property by lease where no residential structures other than mobile homes or trailers will be placed on the land. The ordinance must provide for the alteration or vacation of the binding site plan, and may provide for the administrative approval of the binding site plan.

Local Regulation of Recreational Vehicles. Cities and towns are prohibited from adopting local ordinances that prevent the entry or require the removal of a recreational vehicle used as a primary residence in a manufactured/mobile home community. However, local ordinances may require that, in such communities, the recreational vehicle must contain at least one internal toilet and at least one internal shower or the community must provide for the toilets and showers.

Tiny House Building Codes. The International Resident Code (Code) Appendix Q applies to tiny houses used as single dwelling units and modifies various requirements in the Code as it applies to houses that are 400 square feet in area or less, with specific provisions addressing compact stairs, including handrails and headroom, ladders, reduced ceiling heights in lofts, and guard and emergency escapes with certain rescue opening requirements.

Manufactured/Mobile Home Landlord-Tenant Act. The Manufactured/Mobile Home Landlord-Tenant Act (MHLTA) governs the legal rights, remedies, and obligations arising from any rental agreement between a landlord and a tenant regarding a lot within a mobile home park or manufactured housing community where the tenant has no ownership interest in the property or in the association which owns the property.

Summary of Bill (Proposed Substitute): Cities and towns may adopt ordinances regulating the creation of tiny house communities, including through use of the binding site plan method.

Cities and towns may not adopt ordinances that prevent entry or require removal of a tiny house with wheels used as a primary residence in a manufactured/mobile home community, with the exception that ordinances may require that tiny houses with wheels contain at least one internal toilet and one internal shower unless the community provides showers and toilets.

The owner of land on which a tiny house community is located must make reasonable accommodation for utility hookups for water, power, and sewer services in compliance with the MHLTA. Tenants of tiny house communities are entitled to all rights and subject to all duties and penalties under the MHLTA.

Tiny house community is defined as real property rented or held out for rent to others for the placement of tiny houses with wheels, or tiny houses using the binding site plan method. Tiny house is defined as a dwelling to be used as permanent housing with permanent provisions for living, sleeping, eating, cooking, and sanitation built in accordance with Appendix Q of the Code standards. A tiny house with wheels is defined as a dwelling to be used as permanent housing with permanent provisions for living, sleeping, eating, cooking, and sanitation that is self-certified as allowed by the director of Labor and Industries.

Appendix Q of the Code is adopted as part of the state building code to be applicable to all cities and counties.

Staff Summary of Public Testimony on Proposed Substitute: PRO: The bill authorizes local governments to pass ordinances to allow for the development of tiny house communities. There is a real market for tiny house communities that is waiting to take off, but the local jurisdictions that want to enter this market need a better legal framework. There is a massive need for tiny house communities. There are people ready to invest millions of dollars towards these communities that are yet to be legal. There are examples of tiny home communities revitalizing small towns. Most counties and cities want to allow for tiny house development and are only concerned if there is a liability issue if there is no state law in place. Some counties have guest house laws that require a septic system big enough to cover the combined units together. This bill is a great tool for counties since they need options. If farm worker housing is allowed, let us allow, with the right density requirements, for more affordable options. Not everyone wants to be in a land trust.

A tiny house community will provide a lot of economic stability and sense of community and efficiency. The bill would help those in recovery from substance use disorder and experiencing chronic homelessness by giving people a second chance. It would give these persons their autonomy and independence producing a domino effect to feel more confident in finding jobs while meeting their basic human needs. It is difficult for people who are living out of their cars to go to work since they cannot shower or have a good night's sleep. The bill will offer the millennial generation the opportunity to actually attain affordable housing and transition into a stable, comfortable family housing. Once teenagers move out and their families need to downsize, this bill offers a lot of opportunity for those families. The bill provides small families that do not need a large house to avoid paying $1,500 dollars for a one bedroom.

Tiny house buyers are in abundance, but the biggest challenge they have is placement. The bill presents a viable housing option that is going to last for decades with an actual real estate value the banks can properly finance. Currently a tiny house on wheels can be certified to enable the buyer to use financing at as little as 5 percent with terms up to 20 years and, in some cases, 100 percent financing is available. Just because the tiny house housing type does not appeal to everybody does not make it an illegitimate choice for those who want that option. If a 4000 foot McMansion can be built anywhere that housing is allowed in the state, we should extend the same courtesy to people who choose to live modestly and inexpensively and make efficient use of land and resources.