AN
ACT Relating to preserving federally assisted housing and minimizing the
involuntary displacement of tenants residing in such housing; amending RCW 59.28.020,
59.28.030, 59.28.040, 59.28.060, 59.28.080, 59.28.100, and 43.185A.010; adding
new sections to chapter 59.28 RCW; creating a new section; and declaring an
emergency.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
59.28.020 and 1989 c 188 s 2 are each amended to read as follows:
The
definitions in this section apply throughout this chapter unless the context
clearly requires otherwise.
(1)
"Federally assisted housing" means any multifamily housing that is
insured, financed, assisted, or held by the secretary of housing and urban
development or the secretary of agriculture under:
(a)
Section 8 of the United States housing act of 1937, as amended (42 U.S.C. Sec.
1437f);
(b)
Section 101 of the housing and urban development act of 1965, as amended (12
U.S.C. Sec. 1701s);
(c)
The following sections of the national housing act:
(i)
Section 202 (12 U.S.C. Sec. 1701q);
(ii)
Section 213 (12 U.S.C. Sec. 1715e);
(iii)
Section 221(d) (3) and (4) (12 U.S.C. Sec. 17151(d) (3) and (4));
(iv)
Section 223(f) (12 U.S.C. Sec. 1715n(f));
(v)
Section 231 (12 U.S.C. Sec. 1715v); or
(vi)
Section 236 (12 U.S.C. Sec. 1715z-1); and
(d)
The following sections of the housing act of 1949, as amended:
(i)
Section 514 (42 U.S.C. Sec. 1484);
(ii)
Section 515 (42 U.S.C. Sec. 1485);
(iii)
Section 516 (42 U.S.C. Sec. 1486);
(iv)
Section 521(a)(1)(B) (42 U.S.C. Sec. 1490a(a)(1)); or
(v)
Section 521(a)(2) (42 U.S.C. Sec. 1490a(a)(2)).
(2)
"Rental agreement" means any agreement that establishes or modifies
the terms, conditions, rules, regulations, or any other provision concerning
the use and occupancy of a federally assisted housing unit.
(3)
"Owner" means the current or subsequent owner or owners of federally
assisted housing.
(4)
"Low-income use restrictions" means any federal, state, or local
statute, rule, regulation, ordinance, or contract which, as a condition of
receipt of any federal, state, or local financial assistance, establishes
maximum limitations on tenant income as a condition of eligibility for
occupancy of the units within a development, imposes any restrictions on the
maximum rents that could be charged for any of the units within a development,
or requires that rent for any of the units within a development be reviewed by
any governmental body or agency before the rents are implemented.
(5)
"Prepayment" means the payment in full or refinancing of the
federally insured or federally held mortgage or loan prior to its original
maturity date, or the voluntary cancellation of mortgage insurance, if that
would have the effect of terminating any low-income use restrictions.
(6)
"Public housing agency" means any state or local agency or nonprofit
entity that is authorized to administer tenant-based rental assistance under
federal, state, or local law.
Sec.
2. RCW
59.28.030 and 1989 c 188 s 3 are each amended to read as follows:
(1)
This chapter shall not apply to the expiration or termination of a housing
assistance contract between a public housing agency and an owner of existing
housing participating in either the section 8 certificate or voucher program
(42 U.S.C. Sec. 1437f).
(2)
An owner of federally assisted housing shall not be required to give notice of
a prepayment under this chapter, if the owner has: (a) Entered into an
agreement with a federal, state, or local agency continuing existing, or
imposing new, low-income use restrictions for at least twenty years that ensure
that the tenants residing in the development at the time of prepayment are not
involuntarily displaced except for good cause and that the housing will
continue to serve very low and low-income families and persons in need of
affordable housing; and (b) served notice of the agreement on the clerk of the
city, or county if in an unincorporated area, in which the property is located,
on any public housing agency that would be responsible for administering
tenant-based rental assistance to persons who would otherwise be displaced from
this housing, and on the department of community, trade, and economic
development by regular and certified mail and posted a copy of the agreement in
a conspicuous place at the development where it is likely to be seen by the
tenants. The posted agreement shall be maintained intact and in legible form
for the life of the agreement.
(3)
An owner of federally assisted housing is not required to give notice that a
rental assistance contract is expiring if: (a) The owner has entered into an
agreement with the United States department of housing and urban development or
other federal, state, or local agency to renew the rental assistance contract
for a minimum of five years subject to the availability of adequate
appropriations; (b) the agreement itself does not expire in less than twelve
months; and (c) the owner has served written notice of the agreement on the
clerk of the city, or county if in an unincorporated area, in which the
property is located, on any public housing agency that would be responsible for
administering tenant-based rental assistance to persons who would otherwise be
displaced from this housing, and on the department of community, trade, and
economic development, by regular and certified mail and posted these notices in
a conspicuous place at the development where they are likely to be seen by the
tenants. The posted notices shall be maintained intact and in legible form for
the life of the agreement to renew the rental assistance contract.
Sec.
3. RCW
59.28.040 and 1995 c 399 s 160 are each amended to read as follows:
Except
as provided in RCW 59.28.030, all owners of federally assisted housing
shall, at least twelve months before the expiration of the rental assistance
contract or prepayment of a mortgage or loan, serve a written notice of the
anticipated expiration or prepayment date on each tenant household residing in
the housing, on the clerk of the city, or county if in an unincorporated area,
in which the property is located, on any public housing agency that would be
responsible for administering tenant-based rental assistance to persons who
would otherwise be displaced from this housing, and on the department of
community, trade, and economic development, by regular and certified mail. All
owners of federally assisted housing shall also serve written notice of the
anticipated expiration or prepayment date on each tenant household that moves
into the housing after the initial notice has been given, but before the
expiration of the rental assistance contract or prepayment of the mortgage or
loan. This notice shall be given before a new tenant is asked to execute a
rental agreement or required to pay any deposits.
Sec.
4. RCW
59.28.060 and 1995 c 399 s 162 are each amended to read as follows:
(1)
The notice to tenants required by RCW 59.28.040 shall state ((the date of
expiration or prepayment and the effect, if any, that the expiration or
prepayment will have upon the tenants' rent and other terms of their rental
agreement.)):
(a)
Whether the owner (i) intends to prepay the mortgage or loan or allow the
rental assistance contract to expire in order to operate the housing without
any low-income use restrictions, (ii) plans on renewing the rental assistance
contract subject to the availability of adequate appropriations, or (iii) is
seeking additional financial incentives or higher rents as a condition of
remaining in the federal program; (b) the reason the owner plans on taking this
action; (c) the owner's plans for the project, including any timetables or
deadlines for actions to be taken by the owner and any specific federal, state,
or local agency approvals that the owner is required to obtain; (d) the
anticipated date of the prepayment of the mortgage or loan or expiration of the
rental assistance contract; (e) the effect, if any, that prepayment of the
mortgage or loan or expiration of the rental assistance contract will have upon
the tenants' rent and other terms of their rental agreement; and (f) that
additional information will be served on the city or county, on the local
public housing agency, and on the department of community, trade, and economic
development and will be posted at the development. The owner shall also
include with the notice written information, prepared by the department of
community, trade, and economic development under section 7(1) of this act,
concerning the legal rights, responsibilities, and options of owners and
tenants when an owner intends to prepay a mortgage or loan or terminate a
rental assistance contract.
(2)
The notice to the city or county clerk and to the department of community,
trade, and economic development required by RCW 59.28.040 shall state: (((1)))
(a) The name, location, and project number of the federally assisted
housing and the type of assistance received from the federal government; (((2)))
(b) the number and size of units; (((3))) (c) the age,
race, family size, and estimated incomes of the tenants who will be affected by
the prepayment of the loan or mortgage or expiration of the federal assistance
contract; (((4) the)) (d) the current rents and projected rent
increases for each affected tenant((; and (5) the anticipated date of
prepayment of the loan or mortgage or expiration of the federal assistance
contract.)) after the prepayment of the mortgage or loan or expiration
of the rental assistance contract without disclosing the identities of the
affected tenants; (e) the availability and type, if any, of rental assistance
after the prepayment of the mortgage or loan or expiration of the rental
assistance contract; and (f) the age, race, family size, and estimated incomes
of any applicants on the project's waiting list without disclosing the
identities of the applicants. The owner shall attach to this notice a copy of
the notice the owner sends to the tenants under this chapter.
(3)
All owners of federally assisted housing shall immediately post a copy of any
notices they send the city or county clerk, any public housing agency, and the
department of community, trade, and economic development, under RCW 59.28.040,
in a conspicuous place at the development where they are likely to be seen by
current and prospective tenants. The notices shall be maintained intact and in
legible form for twelve months from the date they are posted.
All
owners of federally assisted housing shall, upon request of any state or local
agency, provide the agency with a copy of any rent comparability study, market
analysis, or projected budget that they submit to the United States department
of housing and urban development or other federal agency in conjunction with
the prepayment of their mortgage or loan or in anticipation of the expiration
of their rental assistance contract, together with any physical inspection
reports or capital needs assessments completed by the owner or federal agency
within the last three years.
Sec.
5. RCW
59.28.080 and 1989 c 188 s 8 are each amended to read as follows:
From
the date of service of the notice under RCW 59.28.040 until either twelve
months have elapsed or expiration or prepayment of the rental assistance
contract, mortgage, or loan, whichever is later, no owner of federally assisted
housing may increase the rent of a federally assisted housing unit, or the
share of the rent paid by the tenant, above the amount authorized by the
federal assistance program applicable to the project prior to expiration or
prepayment of the rental assistance contract or mortgage or loan.
Sec.
6. RCW
59.28.100 and 1989 c 188 s 10 are each amended to read as follows:
Any
party who is entitled to receive notice under this chapter may bring a civil
action to enjoin or recover actual damages for any violation of this
chapter, together with the costs of the suit including reasonable attorneys'
fees. Any tenant who is entitled to receive notice under this chapter shall
also recover statutory damages of fifty dollars.
NEW
SECTION. Sec. 7. A
new section is added to chapter 59.28 RCW to read as follows:
The
department of community, trade, and economic development shall within ninety
days after the effective date of this act, consult with all interested
stakeholders and develop and provide to owners and tenants of federally
assisted housing, state and local agencies, and other interested persons all of
the following:
(1)
Written information concerning the legal rights, responsibilities, and options
of owners and tenants when an owner intends to prepay a mortgage or loan or
terminate a rental assistance contract. This information shall include the
name and telephone number of any qualified legal aid program that provides
civil legal services to indigent persons and of any other state, regional, or
local organization that can be contacted to request additional information
about an owner's responsibilities and the rights and options of an affected
tenant;
(2)
Written information sufficient to enable an owner of federally assisted housing
to comply with the notification requirements of this chapter, including the
name and address of any public housing agency that would be responsible for
administering tenant-based rental assistance to persons who would otherwise be
displaced from federally assisted housing; and
(3)
Any other information or technical assistance the department determines will
further the purposes of this chapter.
NEW
SECTION. Sec. 8. A
new section is added to chapter 59.28 RCW to read as follows:
An
owner of federally assisted housing who prepays the mortgage or loan or whose
rental assistance contract expires and who continues to operate the property as
residential housing within the scope of this chapter shall not evict a tenant
residing in the dwelling unit when the mortgage or loan is prepaid or the
rental assistance contract expires, except as authorized by the federal
assistance program applicable to the project prior to prepayment of the
mortgage or loan, or expiration of the rental assistance contract.
Sec.
9. RCW
43.185A.010 and 1995 c 399 s 102 are each amended to read as follows:
Unless
the context clearly requires otherwise, the definitions in this section apply
throughout this chapter.
(1)
"Affordable housing" means residential housing for rental ((or
private individual ownership)) occupancy which, as long as the same
is occupied by low-income households, requires payment of monthly housing
costs, including utilities other than telephone, of no more than thirty percent
of the family's income. The department shall adopt policies for residential
homeownership housing, occupied by low-income households, which specify the
percentage of family income that may be spent on monthly housing costs,
including utilities other than telephone, to qualify as affordable housing.
(2)
"Department" means the department of community, trade, and economic
development.
(3)
"Director" means the director of the department of community, trade,
and economic development.
(4)
"First-time home buyer" means an individual or his or her spouse who
have not owned a home during the three-year period prior to purchase of a home.
(5)
"Low-income household" means a single person, family or unrelated
persons living together whose adjusted income is less than eighty percent of
the median family income, adjusted for household size, for the county where the
project is located.
NEW
SECTION. Sec. 10. If
any provision of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the provision to
other persons or circumstances is not affected.
NEW
SECTION. Sec. 11. This
act is necessary for the immediate preservation of the public peace, health, or
safety, or support of the state government and its existing public
institutions, and takes effect immediately.
