FINAL BILL REPORT
2SHB 1401
C 428 L 07
Synopsis as Enacted
Brief Description: Regarding the acquisition of land for affordable housing.
Sponsors: By House Committee on Capital Budget (originally sponsored by Representatives Pettigrew, Springer, Dunn, McCune, Miloscia, Chase and Santos).
House Committee on Housing
House Committee on Capital Budget
Senate Committee on Consumer Protection & Housing
Senate Committee on Ways & Means
Background:
The Department of Community, Trade and Economic Development (DCTED) provides
financial assistance to affordable housing projects for low-income persons through its
Housing Trust Fund loan and grant program. Eligible activities for Housing Trust Fund
assistance include new construction and rehabilitation, rent subsidies, housing related social
services, shelters, acquisition of low-income housing units, and down payment assistance.
Affordable Housing is housing for rental or home ownership housing for low-income
families (80 percent of the median family income). For rental housing, payment of monthly
housing costs cannot exceed over 30 percent of the household's income.
There exists a formal process by which eligible organizations may apply for funding.
Application periods of at least 90 days duration are announced as often as the DCTED deems
appropriate and applications are accepted and evaluated only during those periods of time.
The review process evaluates the merits of a proposal based on need, readiness, capacity of
the organization, and the proposed project impact. The review process takes approximately
12 weeks. Eligible Organizations include local governments, housing authorities, non-profit
community or neighborhood-based organizations, federally recognized Indian tribes and
regional or statewide nonprofit housing assistance organizations.
Some low-income housing developers purchase and hold land for future affordable housing
development in a real estate market characterized by fast pace and short time periods during
which they must gather financing and close the deal. Many traditional sources of funding and
financing for low-income housing developments, including the Housing Trust Fund, have
strict application and review periods which may be longer than the periods purchasing land in
the private market. Furthermore, although short-term "bridge loans" are available, these may
not give recipient organizations the time needed to secure permanent financing.
Summary:
The Affordable Housing Land Acquisition Program is created within the DCTED which will
contract with the Washington State Housing Finance Commission (HFC) to implement and
manage the program.
The HFC will create and maintain a revolving loan fund for land acquisition for affordable
housing and associated facility development and all receipts from loan payments and
penalties will be remitted to this fund. Loan interest rates may not exceed 1 percent.
Forty percent of loans must be made to eligible applicants operating homeownership
programs for low-income households in which the households participate in the construction
of their homes. Sixty percent of loans may be awarded to other eligible organizations.
In addition to a proposed affordable housing development plan required as part of the loan
application process, loan recipients must present a more detailed development plan within
five years of loan receipt and must place housing into service within eight years of loan
receipt.
Penalty for Non-Compliance.
If a housing development does not comply with the requirements of the program, a penalty is
imposed on the loan recipient which consists of the principal of the loan plus compounded
interest calculated at the current market rate at the time the loan was made. The market rate
will be determined by the HFC and must be noted in the loan documents.
Program Reporting.
The HFC will report annually on the results of the program to the DCTED and the
Legislature using performance measurement data.
Funding.
The act is null and void unless funded in the budget.
Votes on Final Passage:
House 96 1
Senate 47 0
Effective: July 22, 2007