SENATE BILL REPORT
SHB 2279


This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

As Reported By Senate Committee On:
Consumer Protection & Housing, February 28, 2008

Title: An act relating to prohibiting discrimination against affordable housing developments.

Brief Description: Prohibiting discrimination against affordable housing developments.

Sponsors: House Committee on Housing (originally sponsored by Representatives Darneille, Springer, Pettigrew, O'Brien, Hasegawa and Santos).

Brief History: Passed House: 1/18/08, 97-0.

Committee Activity: Consumer Protection & Housing: 2/22/08, 2/28/08 [DPA].


SENATE COMMITTEE ON CONSUMER PROTECTION & HOUSING

Majority Report: Do pass as amended.Signed by Senators Weinstein, Chair; Kauffman, Vice Chair; Honeyford, Ranking Minority Member; Delvin, Jacobsen, Kilmer, McCaslin and Tom.

Staff: Alison Mendiola (786-7483)

Background: There are statutory permitting requirements contained within the Growth Management Act (GMA), the Shoreline Management Act (SMA), and the State Environmental Policy Act (SEPA). However, although they provide general permitting standards and regulatory framework, specific permitting requirements are the domain of the local governments themselves.

Stakeholders cite examples of Washington local governments attempting to discriminate against affordable housing developments based on source of financing, intended occupancy of the developments, and the availability of social services as a component of the housing.

Summary of Bill (Recommended Amendments): A city, county, or other local governmental entity or agency may not place requirements on affordable housing developments which are different than requirements imposed on other housing developments. However, local governments are not prohibited from extending preferential treatment to such affordable housing developments.

EFFECT OF CHANGES MADE BY CONSUMER PROTECTION & HOUSING COMMITTEE (Recommended Amendments): It is clarified that preferential treatment can be provided for all types of affordable housing developments.

Appropriation: None.

Fiscal Note: Not requested.

Committee/Commission/Task Force Created: No.

Effective Date: Ninety days after adjournment of session in which bill is passed.

Staff Summary of Public Testimony on Substitute Bill: Some local jurisdictions are placing more burdensome requirements on affordable housing developments, when compared to similar types of housing developments. This bill would ensure that all housing developments would be considered equally. However, this wouldn't prohibit preferential treatment for affordable housing. Language should be added to clarify this preferential treatment also applies to persons with disabilities

Persons Testifying: PRO: Nick Federici, Washington Low-Income Housing Alliance; Brien Thane, Washington State Farmworker Housing Trust; David Lord, Disability Rights Washington.