SHB 2014 -
By Representative Chase
WITHDRAWN 01/18/2008
On page 8, after line 19, insert the following:
"Sec. 3 RCW 64.34.050 and 1989 c 43 s 1-106 are each amended to
read as follows:
(1) Except as provided in RCW 64.34.440 and subsection (2) of this
section, a zoning, subdivision, building code, or other real property
law, ordinance, or regulation may not prohibit the condominium form of
ownership or impose any requirement upon a condominium which it would
not impose upon a physically identical development under a different
form of ownership. Otherwise, no provision of this chapter invalidates
or modifies any provision of any zoning, subdivision, building code, or
other real property use law, ordinance, or regulation.
(2)(a) The legislative authorities of counties subject to RCW
36.70A.215 and the cities within those counties may adopt laws or
ordinances, subject to the limitations of this subsection, that
restrict the number of conversion condominiums that are approved
annually or within any other time period chosen by the legislative
authority if that jurisdiction has documented that:
(i) The rental vacancy rate within the jurisdiction is below five
percent; and
(ii) There has been a net loss in rental housing stock during the
previous twelve-month period.
(b) In placing limits on condominium conversions, counties and
cities are subject to the following restrictions:
(i) Counties and cities may only restrict condominium conversions
that affect rental unit developments where at least fifty percent of
the rental units at any time over the previous two-year period were
offered at rent levels at or below sixty percent of the fair market
rent for the county, as determined by the United States department of
housing and urban development.
(ii) Counties and cities placing restrictions on the number of
conversion condominiums must allow the number of condominium
conversions every year to be at least equal to the average annual
number of condominium conversions over the jurisdiction's previous ten-year period.
(iii) For county or city restrictions on condominium conversions
without an expiration date or for those intended to last more than
twelve months, within one month of the annual anniversary date of the
implementation of such a restriction, a county or city must hold a
public hearing and document that the conditions required in this
subsection related to vacancy rates and the net loss of rental housing
stock continue to exist. If these conditions no longer exist, any
restrictions on the number of condominium conversions must be removed.
(3) This section shall not prohibit a county legislative authority
from requiring the review and approval of declarations and amendments
thereto and termination agreements executed pursuant to RCW
64.34.268(2) by the county assessor solely for the purpose of
allocating the assessed value and property taxes. The review by the
assessor shall be done in a reasonable and timely manner."
Renumber the remaining sections consecutively, correct any internal references accordingly, and correct the title.
EFFECT: Legislative authorities of "buildable lands" counties, and the cities within those counties, may restrict the number of condominium conversions if the vacancy rate for their jurisdiction falls below 5 percent. However, restrictions may only be placed on properties consisting of at least 50 percent rental units priced at or below 60 percent of the fair market rent, and a county or city must allow for at least the number of condominium conversions to be equal to the average number of conversions for the jurisdiction's previous ten- year period. If a restrictive period is intended to last more than one year, a jurisdiction must demonstrate that the vacancy rate and rental housing stock conditions triggering the restriction continue to exist.