SENATE BILL REPORT

SB 5869

As Reported by Senate Committee On:

Financial Institutions & Insurance, February 19, 2015

Title: An act relating to restrictions on the location of manufactured/mobile homes.

Brief Description: Concerning restrictions on the location of manufactured/mobile homes.

Sponsors: Senator Sheldon.

Brief History:

Committee Activity: Financial Institutions & Insurance: 2/18/15, 2/19/15 [DP, DNP, w/oRec].

Majority Report: Do pass.

Signed by Senators Benton, Chair; Angel, Vice Chair; Fain, Litzow and Roach.

Minority Report: Do not pass.

Signed by Senators Darneille and Pedersen.

Minority Report: That it be referred without recommendation.

Signed by Senator Mullet, Ranking Minority Member.

Staff: Shani Bauer (786-7468)

Background: Counties, cities, and towns have some ability to regulate the placement of manufactured homes in a manufactured home community. The local government may require that a manufactured home:

• be a new manufactured home;

• be set upon a permanent foundation;

• comply with all local design standards applicable to all other homes within the neighborhood in which the manufactured home is to be located;

• be consistent with the thermal standards set forth in the state energy code; and

• otherwise be consistent with the standards for manufactured homes as set forth in statute.

The local government may not adopt an ordinance that has the effect of restricting the location of a manufactured home in a manufactured home community in existence before June 12, 2008, based exclusively on the age or dimensions of the home. This does not prevent the local government from restricting the location of the manufactured home due to other reasons, such as the failure to comply with fire, safety, or other ordinances or laws related to manufactured homes.

Summary of Bill: A county, city, or town may not restrict the location of a manufactured home on the basis that the manufactured home community does not meet current fire, safety, or other ordinances or laws related to manufactured homes if the community was compliant with all applicable ordinances and laws that were in existence at the time the community was permitted.

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: PRO: Sometimes local governments discriminate against a manufactured home. This harkens back to when they were known as trailer houses. This doesn't apply today and many times a person cannot even tell that it is a manufactured home as opposed to a stick-built home. There are 80,000 manufactured lots in the state. A large portion are in communities that were built many years ago under circumstances where the lots were small and accommodated single-wide mobile homes in close proximity to each other. They provide truly affordable housing for those that cannot afford any other type of housing. When legislation originally passed, local governments were saying that they did not want those type of homes in communities any more and wanted to prohibit future siting of single-wide mobile homes. After legislation, local governments could not prohibit siting based on that criteria, but have taken a different approach by passing new regulations that older mobile home parks cannot meet. A typical ordinance may require a larger size side yard than what was originally provided for. The result is that another home cannot be sited in that space. One community owner had a tenant that burned down her home. When she attempted to get a permit to bring in a new home, the county said no because of the location of the lot lines. The tenant had to spend $20,000 to rehab a 1970s mobile home instead of replacing it with a home that looked nicer because the county would not allow the new home to be sited.

Persons Testifying: PRO: Senator Sheldon, prime sponsor; Debra Goethals, John Woodring, Manufactured Housing Communities of WA.