S‑0750.1      _____________________________________________






State of Washington      57th Legislature     2001 Regular Session


By Senators Prentice, Kohl‑Welles, Kline and Fairley


Read first time 02/06/2001.  Referred to Committee on Labor, Commerce & Financial Institutions.

_1      AN ACT Relating to the property tax exemption for new or

_2  rehabilitated multiple-unit dwellings; and amending RCW 84.14.020,

_3  84.14.030, and 84.14.110.




_5      Sec. 1.  RCW 84.14.020 and 1999 c 132 s 1 are each amended to read

_6  as follows:

_7      (1) The value of new housing construction, conversion, and

_8  rehabilitation improvements qualifying under this chapter is

_9  exempt from ad valorem property taxation, for ten successive years

10  beginning January 1 of the year immediately following the calendar

11  year of issuance of the certificate of tax exemption eligibility.

12  However, the exemption does not include the value of land or

13  nonhousing-related improvements not qualifying under this

14  chapter.  When a governing authority adopts guidelines pursuant to

15  RCW 84.14.030(2) and the qualifying dwelling units have been

16  segregated for the purpose of property taxation, the exemption

17  may, at the local governing authority's discretion, be limited to

18  those dwelling units that meet the local low-income or moderate-

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_1  income occupancy requirements.

_2      (2) In the case of rehabilitation of existing buildings, the

_3  exemption does not include the value of improvements constructed

_4  prior to the submission of the application required under this

_5  chapter.  The incentive provided by this chapter is in addition to

_6  any other incentives, tax credits, grants, or other incentives

_7  provided by law.

_8      (3) This chapter does not apply to increases in assessed

_9  valuation made by the assessor on nonqualifying portions of

10  building and value of land nor to increases made by lawful order

11  of a county board of equalization, the department of revenue, or a

12  county, to a class of property throughout the county or specific

13  area of the county to achieve the uniformity of assessment or

14  appraisal required by law.


15      Sec. 2.  RCW 84.14.030 and 1997 c 429 s 42 are each amended to read

16  as follows:

17      An owner of property making application under this chapter must

18  meet the following requirements:

19      (1) The new or rehabilitated multiple-unit housing must be

20  located in a residential targeted area as designated by the city;

21      (2) The multiple-unit housing must meet the guidelines as

22  adopted by the governing authority that may include height,

23  density, public benefit features, number and size of proposed

24  development, parking, low-income or moderate-income occupancy

25  requirements, and other adopted requirements indicated necessary

26  by the city.  The required amenities should be relative to the size

27  of the project and tax benefit to be obtained.  The governing

28  authority may also elect by guideline whether, in the case of

29  qualifying dwelling units that have been segregated for the

30  purpose of property taxation, the exemption will be limited to

31  those dwelling units that meet the local low-income or

32  moderate-income occupancy requirements;

33      (3) The new, converted, or rehabilitated multiple-unit housing

34  must provide for a minimum of fifty percent of the space for

35  permanent residential occupancy.  In the case of existing occupied

36  multifamily development, the multifamily housing must also provide

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_1  for a minimum of four additional multifamily units.  Existing

_2  multifamily vacant housing that has been vacant for twelve months

_3  or more does not have to provide additional multifamily units;

_4      (4) New construction multifamily housing and rehabilitation

_5  improvements must be completed within three years from the date of

_6  approval of the application;

_7      (5) Property proposed to be rehabilitated must be vacant at

_8  least twelve months before submitting an application and fail to

_9  comply with one or more standards of the applicable state or local

10  building or housing codes on or after July 23, 1995; and

11      (6) The applicant must enter into a contract with the city

12  approved by the governing body under which the applicant has

13  agreed to the implementation of the development on terms and

14  conditions satisfactory to the governing authority.


15      Sec. 3.  RCW 84.14.110 and 1995 c 375 s 14 are each amended to read

16  as follows:

17      (1) If improvements have been exempted under this chapter, the

18  improvements continue to be exempted and may not be converted to

19  another use for at least ten years from date of issuance of the

20  certificate of tax exemption.  If the owner intends to convert the

21  multifamily development to another use or intends or anticipates

22  that the multifamily development may no longer qualify for the

23  exemption under this chapter or guidelines adopted by the

24  governing authority pursuant to RCW 84.14.030, the owner shall

25  notify the assessor and the governing authority within sixty days

26  of the change in use or other event terminating qualification for

27  the exemption.  If, after a certificate of tax exemption has been

28  filed with the county assessor the city or assessor or agent

29  discovers that a portion of the property is changed or will be

30  changed to a use that is other than residential or that housing or

31  amenities no longer meet the requirements as previously approved

32  or agreed upon by contract between the governing authority and the

33  owner and that the multifamily housing, or a portion of the

34  housing, no longer qualifies for the exemption, the tax exemption

35  must be canceled and the following must occur:

36      (a) Additional real property tax must be imposed upon the value

37  of the nonqualifying improvements in the amount that would

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_1  normally be imposed, plus a penalty must be imposed amounting to

_2  twenty percent.  This additional tax is calculated based upon the

_3  difference between the property tax paid and the property tax that

_4  would have been paid if it had included the value of the

_5  nonqualifying improvements dated back to the date that the

_6  improvements were converted to a nonmultifamily use;

_7      (b) The tax must include interest upon the amounts of the

_8  additional tax at the same statutory rate charged on delinquent

_9  property taxes from the dates on which the additional tax could

10  have been paid without penalty if the improvements had been

11  assessed at a value without regard to this chapter; and

12      (c) The additional tax owed together with interest and penalty

13  must become a lien on the land and attach at the time the property

14  or portion of the property is removed from multifamily use or the

15  amenities no longer meet applicable requirements, and has priority

16  to and must be fully paid and satisfied before a recognizance,

17  mortgage, judgment, debt, obligation, or responsibility to or with

18  which the land may become charged or liable.  The lien may be

19  foreclosed upon expiration of the same period after delinquency

20  and in the same manner provided by law for foreclosure of liens

21  for delinquent real property taxes.  An additional tax unpaid on its

22  due date is delinquent.  From the date of delinquency until paid,

23  interest must be charged at the same rate applied by law to

24  delinquent ad valorem property taxes.

25      (2) Upon a determination that a tax exemption is to be canceled

26  for a reason stated in this section, the governing authority shall

27  notify the record owner of the property as shown by the tax rolls

28  by mail, return receipt requested, of the determination to cancel

29  the exemption.  The owner may appeal the determination to the

30  governing authority within thirty days by filing a notice of

31  appeal with the clerk of the governing authority, which notice

32  must specify the factual and legal basis on which the

33  determination of cancellation is alleged to be erroneous.  The

34  governing authority or a hearing examiner or other official

35  authorized by the governing authority may hear the appeal.  At the

36  hearing, all affected parties may be heard and all competent

37  evidence received.  After the hearing, the deciding body or officer

38  shall either affirm, modify, or repeal the decision of

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_1  cancellation of exemption based on the evidence received.  An

_2  aggrieved party may appeal the decision of the deciding body or

_3  officer to the superior court under RCW 34.05.510 through

_4  34.05.598.

_5      (3) Upon determination by the governing authority or authorized

_6  representative to terminate an exemption, the county officials

_7  having possession of the assessment and tax rolls shall correct

_8  the rolls in the manner provided for omitted property under RCW

_9  84.40.080.  The county assessor shall make such a valuation of the

10  property and improvements as is necessary to permit the correction

11  of the rolls.  The owner may appeal the valuation to the county

12  board of equalization under chapter 84.48 RCW.  If there has been a

13  failure to comply with this chapter, the property must be listed

14  as an omitted assessment for assessment years beginning January 1

15  of the calendar year in which the noncompliance first occurred,

16  but the listing as an omitted assessment may not be for a period

17  more than three calendar years preceding the year in which the

18  failure to comply was discovered.


‑‑‑ END ‑‑‑


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