BILL REQ. #:  H-0350.1 

Read first time 02/06/2003.   Referred to Committee on Local Government.

     AN ACT Relating to prohibiting discrimination against consumers' choices in housing; adding a new section to chapter 19.86 RCW; and creating a new section.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION.  Sec. 1   The legislature finds that: Congress has preempted the regulation by the states of manufactured housing construction standards through adoption of construction standards for manufactured housing (42 U.S.C. Sec. 5401); and this federal regulation is equivalent to the state's uniform building code. The legislature also finds that congress has declared that: (1) Manufactured housing plays a vital role in meeting the housing needs of the nation; and (2) manufactured homes provide a significant resource for affordable homeownership and rental housing accessible to all Americans (42 U.S.C. Sec. 5401). The legislature intends to protect the consumers' rights to choose among a number of housing construction alternatives without restraint of trade or discrimination by local governments.

NEW SECTION.  Sec. 2   A new section is added to chapter 19.86 RCW to read as follows:
     A city, county, or other governmental body with legislative authority may not enact any statute or ordinance that has the effect, directly or indirectly, of discriminating against consumers' choices in the construction, placement, or use, of a home in such a manner that is not equally applicable to all homes. Homes built to 42 U.S.C. Sec. 5401 et seq. standards (as amended in 2000) must be regulated in the manner as site built homes, factory built homes, or homes built to any other state construction standard. Discrimination based on type of construction, use, or placement of a manufactured home is a restraint of trade and a violation of RCW 19.86.030.