AN ACT Relating to housing; amending RCW
43.185.110, 43.185A.020, and 35.82.070; adding new sections to chapter 43.63A
RCW; adding new sections to chapter 35.63 RCW; adding new sections to chapter
35A.63 RCW; adding new sections to chapter 36.70 RCW; adding new sections to
chapter 36.70A RCW; and adding a new chapter to Title 43 RCW.
BE
IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1.
(1) The legislature finds that:
(a) Housing is of vital state-wide importance
to the health, safety, and welfare of the residents of the state;
(b) Safe, affordable housing is an essential
factor in stabilizing communities;
(c) Residents must have a choice of housing
opportunities within the community where they choose to live;
(d) Housing markets are linked to a healthy
economy and can contribute to the state's economy;
(e) Land supply is a major contributor to the
cost of housing;
(f) Housing must be an integral component of
any comprehensive community and economic development strategy;
(g) State and local government must continue
working cooperatively toward the enhancement of increased housing units by
reviewing, updating, and removing conflicting regulatory language;
(h) State and local government should work
together in developing creative ways to reduce the shortage of housing;
(i) The lack of a coordinated state housing
policy inhibits the effective delivery of housing for some of the state's most
vulnerable citizens and those with limited incomes; and
(j) It is in the public interest to adopt a
statement of housing policy objectives.
(2) The legislature declares that the purposes
of the Washington housing policy act are to:
(a) Provide policy direction to the public and
private sectors in their attempt to meet the shelter needs of Washington
residents;
(b) Reevaluate housing and housing-related
programs and policies in order to ensure proper coordination of those programs
and policies to meet the housing needs of Washington residents;
(c) Improve the delivery of state services and
assistance to very low-income and low-income households and special needs
populations;
(d) Strengthen partnerships among all levels of
government, and the public and private sectors, including for-profit and
nonprofit organizations, in the production and operation of housing to targeted
populations including low-income and moderate-income households;
(e) Increase the supply of housing for persons
with special needs;
(f) Encourage collaborative planning with
social service providers;
(g) Encourage financial institutions to
increase residential mortgage lending; and
(h) Coordinate housing into comprehensive
community and economic development strategies at the state and local level.
NEW SECTION. Sec. 2. It
is the goal of the state of Washington to coordinate, encourage, and direct,
when necessary, the efforts of the public and private sectors of the state and
to cooperate and participate, when necessary, in the attainment of a decent
home in a healthy, safe environment for every resident of the state. The
legislature declares that attainment of that goal is a state priority.
NEW SECTION. Sec. 3.
The objectives of the Washington housing policy act shall be to attain the
state's goal of a decent home in a healthy, safe environment for every resident
of the state by strengthening public and private institutions that are able to:
(1) Develop an adequate and affordable supply
of housing for all economic segments of the population;
(2) Assist very low-income and special needs
households who cannot obtain affordable, safe, and adequate housing in the
private market;
(3) Encourage and maintain home ownership
opportunities;
(4) Reduce life cycle housing costs while
preserving public health and safety;
(5) Preserve the supply of existing affordable
housing;
(6) Provide housing for special needs
populations;
(7) Ensure fair and equal access to the housing
market;
(8) Increase the availability of mortgage
credit at low interest rates; and
(9) Coordinate and be consistent with the
goals, objectives, and required housing element of the comprehensive plan in
the state's growth management act in RCW 36.70A.070.
NEW SECTION. Sec. 4.
Unless the context clearly requires otherwise, the definitions in this section
apply throughout this chapter.
(1) "Affordable housing" means
residential housing that is rented or owned by a person or household whose
monthly housing costs, including utilities other than telephone, do not exceed
thirty percent of the household's monthly income.
(2) "Department" means the department
of community development.
(3) "Director" means the director of
community development.
(4) "Nonprofit organization" means
any public or private nonprofit organization that: (a) Is organized under
federal, state, or local laws; (b) has no part of its net earnings inuring to
the benefit of any member, founder, contributor, or individual; and (c) has
among its purposes significant activities related to the provision of decent
housing that is affordable to very low-income, low-income, or moderate-income
households and special needs populations.
(5) "Regulatory barriers to affordable
housing" and "regulatory bariers" mean any public policies
(including those embodied in statutes, ordinances, regulations, or
administrative procedures or processes) required to be identified by the state
or local government in connection with its strategy under section 105(b)(4) of
the Cranston-Gonzalez national affordable housing act (42 U.S.C. 12701 et
seq.).
(6) "Tenant-based organization" means
a nonprofit organization whose governing body includes a majority of members
who reside in the housing development and are considered low-income households.
NEW SECTION. Sec. 5.
(1) The department shall establish the affordable housing advisory board to
consist of twenty-one members.
(a) The following eighteen members shall be
appointed by the governor:
(i) Two representatives of the residential
construction industry;
(ii) Two representatives of the home mortgage
lending profession;
(iii) One representative of the real estate
sales profession;
(iv) One representative of the apartment
management and operation industry;
(v) One representative of the for-profit
housing development industry;
(vi) One representative of the nonprofit
housing development industry;
(vii) One representative of homeless shelter
operators;
(viii) One representative of lower-income
persons;
(ix) One representative of special needs
populations;
(x) One representative of public housing
authorities as created under chapter 35.82 RCW;
(xi) Two representatives of the Washington
association of counties, one representative shall be from a county that is
located east of the crest of the Cascade mountains;
(xii) Two representatives of the association of
Washington cities, one representative shall be from a city that is located east
of the crest of the Cascade mountains;
(xiii) One representative to serve as chair of
the affordable housing advisory board;
(xiv) One representative at large.
(b) The following three members shall serve as
ex officio, nonvoting members:
(i) The director or the director's designee;
(ii) The executive director of the Washington
state housing finance commission or the executive director's designee; and
(iii) The secretary of social and health
services or the secretary's designee.
(2)(a) The members of the affordable housing
advisory board appointed by the governor shall be appointed for four-year
terms, except that the chair shall be appointed to serve a two-year term. The
terms of five of the initial appointees shall be for two years from the date of
appointment and the terms of six of the initial appointees shall be for three
years from the date of appointment. The governor shall designate the
appointees who will serve the two-year and three-year terms. The members of
the advisory board shall serve without compensation, but shall be reimbursed
for travel expenses as provided in RCW 43.03.050 and 43.03.060.
(b) The governor, when making appointments to
the affordable housing advisory board, shall make appointments that reflect the
cultural diversity of the state of Washington.
(3) The affordable housing advisory board shall
serve as the department's principal advisory body on housing and
housing-related issues, and replaces the department's existing boards and task
forces on housing and housing-related issues.
(4) The affordable housing advisory board shall
meet regularly and may appoint technical advisory committees, which may include
members of the affordable housing advisory board, as needed to address
specific issues and concerns.
(5) The department, in conjunction with the
Washington state housing finance commission and the department of social and
health services, shall supply such information and assistance as are deemed
necessary for the advisory board to carry out its duties under this section.
(6) The department shall provide administrative
and clerical assistance to the affordable housing advisory board.
NEW SECTION. Sec. 6.
The affordable housing advisory board shall:
(1) Analyze those solutions and programs that
could begin to address the state's need for housing that is affordable for all
economic segments of the state, and special needs populations, including but
not limited to programs or proposals which provide for:
(a) Financing for the acquisition,
rehabilitation, preservation, or construction of housing;
(b) Use of publicly owned land and buildings as
sites for affordable housing;
(c) Coordination of state initiatives with
federal initiatives and financing programs that are referenced in the
Cranston-Gonzalez national affordable housing act (42 U.S.C. Sec. 12701 et
seq.), as amended, and development of an approved housing strategy as required
in the Cranston-Gonzalez national affordable housing act (42 U.S.C. Sec. 12701
et seq.), as amended;
(d) Identification and removal, where
appropriate and not detrimental to the public health and safety, or
environment, of state and local regulatory barriers to the development and
placement of affordable housing;
(e) Stimulating public and private sector
cooperation in the development of affordable housing; and
(f) Development of solutions and programs
affecting housing, including the equitable geographic distribution of housing
for all economic segments, as the advisory board deems necessary;
(2) Consider both homeownership and rental
housing as viable options for the provision of housing. The advisory board
shall give consideration to various types of residential construction and
innovative housing options, including but not limited to manufactured housing;
(3) Review, evaluate, and make recommendations
regarding existing and proposed housing programs and initiatives including but
not limited to tax policies, land use policies, and financing programs. The
advisory board shall provide recommendations to the director, along with the
department's response in the annual housing report to the legislature required
in section 12 of this act; and
(4) Prepare and submit to the director, by each
December 1st, beginning December 1, 1993, a report detailing its findings and
make specific program, legislative, and funding recommendations and any other
recommendations it deems appropriate.
NEW SECTION. Sec. 7. A
new section is added to chapter 43.63A RCW to read as follows:
(1) The department shall, in consultation with
the affordable housing advisory board created in section 5 of this act, report
to the legislature on the development and placement of accessory apartments.
The department shall produce a written report by December 15, 1993, which:
(a) Identifies local governments that allow the
siting of accessory apartments in areas zoned for single-family residential
use; and
(b) Makes recommendations to the legislature
designed to encourage the development and placement of accessory apartments in
areas zoned for single-family residential use.
(2) The recommendations made under subsection
(1) of this section shall not take effect before ninety days following
adjournment of the 1994 regular legislative session.
(3) Unless provided otherwise by the
legislature, by December 31, 1994, local governments shall incorporate in their
development regulations, zoning regulations, or official controls the
recommendations contained in subsection (1) of this section. The accessory
apartment provisions shall be part of the local government's development
regulation, zoning regulation, or official control. To allow local flexibility,
the recommendations shall be subject to such regulations, conditions,
procedures, and limitations as determined by the local legislative authority.
(4) As used in this section, "local
government" means:
(a) A city or code city with a population that
exceeds twenty thousand;
(b) A county that is required to or has elected
to plan under the state growth management act; and
(c) A county with a population that exceeds one
hundred twenty-five thousand.
NEW SECTION. Sec. 8. A
new section is added to chapter 35.63 RCW to read as follows:
Any local government, as defined in section 7
of this act, that is planning under this chapter shall comply with section 7(3)
of this act.
NEW SECTION. Sec. 9. A
new section is added to chapter 35A.63 RCW to read as follows:
Any local government, as defined in section 7
of this act, that is planning under this chapter shall comply with section 7(3)
of this act.
NEW SECTION. Sec. 10. A
new section is added to chapter 36.70 RCW to read as follows:
Any local government, as defined in section 7
of this act, that is planning under this chapter shall comply with section 7(3)
of this act.
NEW SECTION. Sec. 11. A
new section is added to chapter 36.70A RCW to read as follows:
Any local government, as defined in section 7
of this act, that is planning under this chapter shall comply with section 7(3)
of this act.
NEW SECTION. Sec. 12.
(1) The department shall, in consultation with the affordable housing advisory
board created in section 5 of this act, prepare and from time to time amend a
five-year housing advisory plan. The purpose of the plan is to document the
need for affordable housing in the state and the extent to which that need is
being met through public and private sector programs, to facilitate planning to
meet the affordable housing needs of the state, and to enable the development
of sound strategies and programs for affordable housing. The information in
the five-year housing advisory plan must include:
(a) An assessment of the state's housing market
trends;
(b) An assessment of the housing needs for all
economic segments of the state and special needs populations;
(c) An inventory of the supply and geographic
distribution of affordable housing units made available through public and
private sector programs;
(d) A status report on the degree of progress
made by the public and private sector toward meeting the housing needs of the
state;
(e) An identification of state and local
regulatory barriers to affordable housing and proposed regulatory and
administrative techniques designed to remove barriers to the development and
placement of affordable housing; and
(f) Specific recommendations, policies, or
proposals for meeting the affordable housing needs of the state.
(2)(a) The five-year housing advisory plan
required under subsection (1) of this section must be submitted to the
legislature on or before February 1, 1994, and subsequent plans must be
submitted every five years thereafter.
(b) Each February 1st, beginning February 1,
1995, the department shall submit an annual progress report, to the
legislature, detailing the extent to which the state's affordable housing needs
were met during the preceding year and recommendations for meeting those needs.
NEW SECTION. Sec. 13. A
new section is added to chapter 43.63A RCW to read as follows:
(1) The department shall be the principal state
department responsible for coordinating federal and state resources and
activities in housing, except for programs administered by the Washington state
housing finance commission under chapter 43.180 RCW, and for evaluating the
operations and accomplishments of other state departments and agencies as they
affect housing.
(2) The department shall work with local
governments, tribal organizations, local housing authorities, nonprofit
community or neighborhood-based organizations, and regional or state-wide
nonprofit housing assistance organizations, for the purpose of coordinating
federal and state resources with local resources for housing.
NEW SECTION. Sec. 14. A
new section is added to chapter 43.63A RCW to read as follows:
The department shall provide technical
assistance and information to state agencies and local governments to assist in
the identification and removal of regulatory barriers to the development and
placement of affordable housing. In providing assistance the department may:
(1) Analyze the costs and benefits of state
legislation, rules, and administrative actions and their impact on the
development and placement of affordable housing;
(2) Analyze the costs and benefits of local
legislation, rules, and administrative actions and their impact on the
development and placement of affordable housing;
(3) Assist state agencies and local governments
in determining the impact of existing and anticipated actions, legislation, and
rules on the development and placement of affordable housing;
(4) Investigate techniques and opportunities
for reducing the life cycle housing costs through regulatory reform;
(5) Develop model standards and ordinances
designed to reduce regulatory barriers to affordable housing and assisting n
their adoption and use at the state and local government level;
(6) Provide technical assistance and
information to state agencies and local governments for implementation of
legislative and administrative reform programs to remove barriers to affordable
housing;
(7) Prepare state regulatory barrier removal
strategies;
(8) Provide staffing to the affordable housing
advisory board created in section 5 of this act; and
(9) Perform other activities as the director
deems necessary to assist the state, local governments, and the housing
industry in meeting the affordable housing needs of the state.
Sec. 15.
RCW 43.185.110 and 1991 c 204 s 4 are each amended to read as follows:
((The director shall prepare an annual
report and shall send copies to the chair of the house of representatives
committee on housing, the chair of the senate committee on commerce and labor,
and one copy to the staff of each committee that summarizes the housing trust
fund's income, grants and operating expenses, implementation of its program,
and any problems arising in the administration thereof. The director shall
promptly appoint a low-income housing assistance advisory committee composed of
a representative from each of the following groups: Apartment owners,
realtors, mortgage lending or servicing institutions, private nonprofit housing
assistance programs, tenant associations, and public housing assistance
programs.)) The affordable housing advisory ((group)) board
established in section 5 of this act shall advise the director on housing
needs in this state, including housing needs for persons who are mentally ill
or developmentally disabled or youth who are blind or deaf or otherwise disabled,
operational aspects of the grant and loan program or revenue collection
programs established by this chapter, and implementation of the policy and
goals of this chapter. Such advice shall be consistent with policies and plans
developed by regional support networks according to chapter 71.24 RCW for the
mentally ill and the developmental disabilities planning council for the
developmentally disabled.
Sec. 16.
RCW 43.185A.020 and 1991 c 356 s 11 are each amended to read as follows:
The affordable housing program is created in
the department of community development for the purpose of developing and
coordinating public and private resources targeted to meet the affordable
housing needs of low-income households in the state of Washington. The program
shall be developed and administered by the department with advice and input
from the ((low-income [housing] assistance advisory committee established in
RCW 43.185.110)) affordable housing advisory board established in
section 5 of this act.
Sec. 17.
RCW 35.82.070 and 1991 c 167 s 1 are each amended to read as follows:
An authority shall constitute a public body
corporate and politic, exercising public and essential governmental functions,
and having all the powers necessary or convenient to carry out and effectuate
the purposes and provisions of this chapter, including the following powers in
addition to others herein granted:
(1) To sue and be sued; to have a seal and to
alter the same at pleasure; to have perpetual succession; to make and execute
contracts and other instruments, including but not limited to partnership
agreements and joint venture agreements, necessary or convenient to the
exercise of the powers of the authority; to participate in the organization or
the operation of a nonprofit corporation which has as one of its purposes to
provide or assist in the provision of housing for persons of low income; and to
make and from time to time amend and repeal bylaws, rules and regulations, not
inconsistent with this chapter, to carry into effect the powers and purposes of
the authority.
(2) Within its area of operation: To prepare,
carry out, acquire, lease and operate housing projects; to provide for the
construction, reconstruction, improvement, alteration or repair of any housing
project or any part thereof; to agree to rent or sell dwellings forming part of
the projects to or for persons of low income. Where an agreement or option is
made to sell a dwelling to a person of low income, the authority may convey the
dwelling to the person upon fulfillment of the agreement irrespective of
whether the person is at the time of the conveyance a person of low income.
Leases, options, agreements, or conveyances may include such covenants as the
authority deems appropriate to assure the achievement of the objectives of this
chapter.
(3) To acquire, lease, rent, sell, or otherwise
dispose of any commercial space located in buildings or structures containing a
housing project or projects.
(4) To arrange or contract for the furnishing
by any person or agency, public or private, of services, privileges, works, or
facilities for, or in connection with, a housing project or the occupants
thereof; and (notwithstanding anything to the contrary contained in this
chapter or in any other provision of law) to include in any contract let in
connection with a project, stipulations requiring that the contractor and any
subcontractors comply with requirements as to minimum wages and maximum hours
of labor, and comply with any conditions which the federal government may have
attached to its financial aid of the project.
(5) To lease or rent any dwellings, houses,
accommodations, lands, buildings, structures or facilities embraced in any
housing project and (subject to the limitations contained in this chapter) to
establish and revise the rents or charges therefor; to own or manage buildings
containing a housing project or projects as well as commercial space or other
dwelling units that do not constitute a housing project as that term is defined
in this chapter: PROVIDED, That notwithstanding the provisions under
subsection (1) of this section, dwelling units made available or sold to
persons of low income, together with functionally related and subordinate
facilities, shall occupy ((at least thirty percent of the interior space of
any individual building other than a detached single-family or duplex
residential building or mobile or manufactured home and)) at least fifty
percent of the interior space in the total development owned by the authority
or at least fifty percent of the total number of units in the development owned
by the authority, whichever produces the greater number of units for persons of
low income, and for mobile home parks, the mobile home lots made available to
persons of low income shall be at least fifty percent of the total number of
mobile home lots in the park owned by the authority; to own, hold, and improve
real or personal property; to purchase, lease, obtain options upon, acquire by
gift, grant, bequest, devise, or otherwise including financial assistance and
other aid from the state or any public body, person or corporation, any real or
personal property or any interest therein; to acquire by the exercise of the
power of eminent domain any real property; to sell, lease, exchange, transfer,
assign, pledge, or dispose of any real or personal property or any interest
therein; to sell, lease, exchange, transfer, or dispose of any real or personal
property or interest therein at less than fair market value to a governmental
entity for any purpose when such action assists the housing authority in
carrying out its powers and purposes under this chapter, to a low-income person
or family for the purpose of providing housing for that person or family, or to
a nonprofit corporation provided the nonprofit corporation agrees to sell the
property to a low-income person or family or to use the property for the
provision of housing for persons of low income for at least twenty years; to
insure or provide for the insurance of any real or personal property or
operations of the authority against any risks or hazards; to procure or agree
to the procurement of insurance or guarantees from the federal government of
the payment of any bonds or parts thereof issued by an authority, including the
power to pay premiums on any such insurance.
(6) To invest any funds held in reserves or
sinking funds, or any funds not required for immediate disbursement, in
property or securities in which savings banks may legally invest funds subject
to their control; to purchase its bonds at a price not more than the principal
amount thereof and accrued interest, all bonds so purchased to be canceled.
(7) Within its area of operation: To
investigate into living, dwelling and housing conditions and into the means and
methods of improving such conditions; to determine where slum areas exist or
where there is a shortage of decent, safe and sanitary dwelling accommodations
for persons of low income; to make studies and recommendations relating to the
problem of clearing, replanning and reconstructing of slum areas, and the
problem of providing dwelling accommodations for persons of low income, and to
cooperate with the city, the county, the state or any political subdivision
thereof in action taken in connection with such problems; and to engage in
research, studies and experimentation on the subject of housing.
(8) Acting through one or more commissioners or
other person or persons designated by the authority: To conduct examinations
and investigations and to hear testimony and take proof under oath at public or
private hearings on any matter material for its information; to administer
oaths, issue subpoenas requiring the attendance of witnesses or the production
of books and papers and to issue commissions for the examination of witnesses
who are outside of the state or unable to attend before the authority, or
excused from attendance; to make available to appropriate agencies (including
those charged with the duty of abating or requiring the correction of nuisances
or like conditions, or of demolishing unsafe or insanitary structures within
its area of operation) its findings and recommendations with regard to any
building or property where conditions exist which are dangerous to the public
health, morals, safety or welfare.
(9) To initiate eviction proceedings against
any tenant as provided by law. Activity occurring in any housing authority
unit that constitutes a violation of chapter 69.41, 69.50 or 69.52 RCW shall
constitute a nuisance for the purpose of RCW 59.12.030(5).
(10) To exercise all or any part or combination
of powers herein granted.
No provisions of law with respect to the
acquisition, operation or disposition of property by other public bodies shall
be applicable to an authority unless the legislature shall specifically so
state.
(11) To agree (notwithstanding the limitation
contained in RCW 35.82.210) to make such payments in lieu of taxes as the
authority finds consistent with the achievement of the purposes of this
chapter.
(12) Upon the request of a county or city,
to exercise any powers of an urban renewal agency under chapter 35.81 RCW or a
public corporation, commission, or authority under chapter 35.21 RCW. However,
in the exercise of any such powers the housing authority shall be subject to
any express limitations contained in this chapter.
(13) To exercise the powers granted in
this chapter within the boundaries of any city, town, or county not included in
the area in which such housing authority is originally authorized to function:
PROVIDED, HOWEVER, The governing or legislative body of such city, town, or
county, as the case may be, adopts a resolution declaring that there is a need
for the authority to function in such territory.
(((13))) (14) To administer
contracts for assistance payments to persons of low income in accordance with
section 8 of the United States Housing Act of 1937, as amended by Title II,
section 201 of the Housing and Community Development Act of 1974, P.L. 93‑383.
(((14))) (15) To sell at public
or private sale, with or without public bidding, for fair market value, any
mortgage or other obligation held by the authority.
(((15))) (16) To the extent
permitted under its contract with the holders of bonds, notes, and other obligations
of the authority, to consent to any modification with respect to rate of
interest, time and payment of any installment of principal or interest
security, or any other term of any contract, mortgage, mortgage loan, mortgage
loan commitment, contract or agreement of any kind to which the authority is a
party.
(((16))) (17) To make, purchase,
participate in, invest in, take assignments of, or otherwise acquire loans to
persons of low income to enable them to acquire, construct, reconstruct,
rehabilitate, improve, lease, or refinance their dwellings, and to take such
security therefor as is deemed necessary and prudent by the authority.
(((17))) (18) To make, purchase,
participate in, invest in, take assignments of, or otherwise acquire loans for
the acquisition, construction, reconstruction, rehabilitation, improvement,
leasing, or refinancing of land, buildings, or developments for housing for
persons of low income. For purposes of this subsection, development shall
include either land or buildings or both.
(a) Any development financed under this
subsection shall be subject to an agreement that for at least twenty years the
dwelling units made available to persons of low income together with
functionally related and subordinate facilities shall occupy at least ((thirty
percent of the interior space of any individual building other than a detached
single-family or duplex residential building or mobile or manufactured home and
shall occupy at least)) fifty percent of the interior space in the total
development or at least fifty percent of the total number of units in the
development, whichever produces the greater number of units for persons of low
income. For mobile home parks, the mobile home lots made available to persons
of low income shall be at least fifty percent of the total number of mobile
home lots in the park. During the term of the agreement, the owner shall use
its best efforts in good faith to maintain the dwelling units or mobile home
lots required to be made available to persons of low income at rents affordable
to persons of low income. The twenty-year requirement under this subsection
(18)(a) shall not apply when an authority finances the development by nonprofit
corporations or governmental units of dwellings or mobile home lots intended
for sale to persons of low and moderate income, and shall not apply to
construction or other short-term financing provided to nonprofit corporations
or governmental units when the financing has a repayment term of one year or
less.
(b) In addition, if the development is owned by
a for-profit entity, the dwelling units or mobile home lots required to be made
available to persons of low income shall be rented to persons whose incomes do
not exceed fifty percent of the area median income, adjusted for household
size, and shall have unit or lot rents that do not exceed fifteen percent of
area median income, adjusted for household size, unless rent subsidies are
provided to make them affordable to persons of low income.
For purposes of this subsection (((17)))(18)(b),
if the development is owned directly or through a partnership by a governmental
entity or a nonprofit organization, which nonprofit organization is itself not
controlled by a for-profit entity or affiliated with any for-profit entity that
a nonprofit organization itself does not control, it shall not be treated as
being owned by a for-profit entity when the governmental entity or nonprofit
organization exercises legal control of the ownership entity and in addition,
(i) the dwelling units or mobile home lots required to be made available to
persons of low income are rented to persons whose incomes do not exceed sixty
percent of the area median income, adjusted for household size, and (ii) the
development is subject to an agreement that transfers ownership to the
governmental entity or nonprofit organization or extends an irrevocable right
of first refusal to purchase the development under a formula for setting the
acquisition price that is specified in the agreement.
(c) Commercial space in any building financed
under this subsection that exceeds four stories in height shall not constitute
more than twenty percent of the interior area of the building. Before
financing any development under this subsection the authority shall make a
written finding that financing is important for project feasibility or
necessary to enable the authority to carry out its powers and purposes under
this chapter.
(((18))) (19) To contract with a
public authority or corporation, created by a county, city, or town under RCW
35.21.730 through 35.21.755, to act as the developer for new housing projects
or improvement of existing housing projects.
NEW SECTION. Sec. 18. A
new section is added to chapter 43.63A RCW to read as follows:
(1) The legislature finds that:
(a) The trend toward smaller household sizes
will continue into the foreseeable future;
(b) Many of these households are in housing
units that contain more bedrooms than occupants;
(c) There are older homeowners on relatively
low, fixed income who are experiencing difficulties maintaining their homes;
and
(d) There are single parents, recently widowed
persons, people in the midst of divorce or separation, and handicapped that are
faced with displacement due to the high cost of housing.
(2) The legislature declares that the purpose
of section 19 of this act is to develop a pilot program designed to:
(a) Provide home-matching services that can
enable people to continue living in their homes while promoting continuity of
home ownership and community stability; and
(b) Counter the problem of displacement among
people on relatively low, fixed incomes by linking people offering living space
with people seeking housing.
NEW SECTION. Sec. 19. A
new section is added to chapter 43.63A RCW to read as follows:
(1) The department may develop and administer a
home-matching program for the purpose of providing grants and technical
assistance to eligible organizations to operate local home-matching programs.
For purposes of this section, "eligible organizations" are those
organizations eligible to receive assistance through the Washington housing
trust fund, chapter 43.185 RCW.
(2) The department may select up to five
eligible organizations for the purpose of implementing a local home-matching
program. The local home-matching programs are designed to facilitate: (a)
Intergenerational homesharing involving older homeowners sharing homes with
younger persons; (b) homesharing arrangements that involve an exchange of
services such as cooking, housework, gardening, or babysitting for room and
board or some financial consideration such as rent; and (c) the more efficient
use of available housing.
(3) In selecting local pilot programs under
this section, the department shall consider:
(a) The eligible organization's ability,
stability, and resources to implement the local home-matching program;
(b) The eligible organization's efforts to
coordinate other support services needed by the individual or family participating
in the local home-matching program; and
(c) Other factors the department deems
appropriate.
(4) The eligible organizations shall establish
criteria for participation in the local home-matching program. The eligible
organization shall make a determination of eligibility regarding the
individuals' or families' participation in the local home-matching program.
The determination shall include, but is not limited to a verification of the
individual's or family's history of making rent payments in a consistent and
timely manner.
NEW SECTION. Sec. 20. A
new section is added to chapter 35.63 RCW to read as follows:
No city may enact or maintain an ordinance,
development regulation, zoning regulation or official control, policy, or
administrative practice which treats a residential structure occupied by
persons with handicaps differently than a similar residential structure
occupied by a family or other unrelated individuals. As used in this section,
"handicaps" are as defined in the federal fair housing amendments act
of 1988 (42 U.S.C. Sec. 3602).
Sec. 21. A
new section is added to chapter 35A.63 RCW to read as follows:
No city may enact or maintain an ordinance,
development regulation, zoning regulation or official control, policy, or
administrative practice which treats a residential structure occupied by
persons with handicaps differently than a similar residential structure occupied
by a family or other unrelated individuals. As used in this section,
"handicaps" are as defined in the federal fair housing amendments act
of 1988 (42 U.S.C. Sec. 3602).
NEW SECTION. Sec. 22. A
new section is added to chapter 36.70 RCW to read as follows:
No county may enact or maintain an ordinance,
development regulation, zoning regulation or official control, policy, or
administrative practice which treats a residential structure occupied by
persons with handicaps differently than a similar residential structure
occupied by a family or other unrelated individuals. As used in this section,
"handicaps" are as defined in the federal fair housing amendments act
of 1988 (42 U.S.C. Sec. 3602).
NEW SECTION. Sec. 23. A
new section is added to chapter 36.70A RCW to read as follows:
No county or city that plans or elects to plan
under this chapter may enact or maintain an ordinance, development regulation,
zoning regulation or official control, policy, or administrative practice which
treats a residential structure occupied by persons with handicaps differently
than a similar residential structure occupied by a family or other unrelated
individuals. As used in this section, "handicaps" are as defined in
the federal fair housing amendments act of 1988 (42 U.S.C. Sec. 3602).
NEW SECTION. Sec. 24.
This chapter may be known and cited as the "Washington housing policy
act."
NEW SECTION. Sec. 25.
Sections 1 through 6, 12, and 24 of this act shall constitute a new chapter in
Title 43 RCW.
