BILL REQ. #:  H-4423.1 

Read first time 01/29/2004.   Referred to Committee on Trade & Economic Development.

     AN ACT Relating to the Americans with Disabilities Act, Section 504 of the Rehabilitation Act of 1973, and the Fair Housing Act Amendments guidelines for compliance in construction, rehabilitation, and substantial alteration of buildings using public funding from any source; amending RCW 43.185.060; and adding a new section to chapter 43.185 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION.  Sec. 1   A new section is added to chapter 43.185 RCW to read as follows:
     The legislature finds that:
     (1) The Americans with Disabilities Act, Section 504 of the Rehabilitation Act of 1973, and the Fair Housing Act Amendments guidelines were established to ensure adequate accommodations to people with disabilities.
     (2) Various agencies have differing standards, procedures, and conditions for meeting fair housing guidelines, depending on factors as diverse as building type and funding sources.
     (3) All of the guidelines include exemptions for certain building types and circumstances.
     (4) It is in the interest of the people that their public moneys be used for its best and highest good.
     (5) The state of Washington must not allow public moneys to be applied to projects that are nonaccommodation compliant, regardless of building type or circumstances.

Sec. 2   RCW 43.185.060 and 1994 c 160 s 2 are each amended to read as follows:
     (1) Organizations that may receive assistance from the department under this chapter are local governments, local housing authorities, regional support networks established under chapter 71.24 RCW, nonprofit community or neighborhood-based organizations, federally recognized Indian tribes in the state of Washington, and regional or statewide nonprofit housing assistance organizations.
     (2) Eligibility for assistance from the department under this chapter also requires compliance with the revenue and taxation laws, as applicable to the recipient, at the time the grant is made.
     (3) Further, eligibility for assistance from the department under this chapter requires that any construction, rehabilitation, or substantial alteration of buildings using public moneys for any phase, part, or process of the construction, rehabilitation, or substantial alteration adhere to each and all of the following guidelines as to the number, kind, and type of accessible units required by the guidelines, regardless of any exemptions or exceptions to the guidelines available by building type or circumstances.
     (a) All covered dwellings consisting of three or more units shall comply with the Section 504 requirements for publicly financed new construction of five or more units in a project.
     (b) All covered dwellings consisting of three or more units that apply shall comply with the Section 504 requirements for publicly financed alterations of fifteen or more units and seventy-five percent or more of the dwelling replacement cost.
     (c) All covered dwellings consisting of three or more units that apply shall comply with the Section 504 requirements for publicly financed alterations of fifteen or more units and less than seventy-five percent of the dwelling replacement cost.
     Any attempt by a publicly funded builder to circumvent the requirement in this subsection by separately permitting multiple two- unit dwellings on the same or contiguous properties, or in any other fashion, shall be grounds to have the funding revoked, in addition to any other remedies available by law.
     (4) For the purposes of this section, "covered dwelling" means any building containing three or more living units.