HB 3142 -
By Representative Liias
ADOPTED 02/18/2008
Strike everything after the enacting clause and insert the following:
"Sec. 1 RCW 43.185A.110 and 2007 c 428 s 2 are each amended to
read as follows:
(1) The affordable housing land acquisition revolving loan fund
program is created in the department to assist eligible organizations,
described under RCW 43.185A.040, to purchase land for affordable
housing development. The department shall contract with the Washington
state housing finance commission to administer the affordable housing
land acquisition revolving loan fund program. Within this program, the
Washington state housing finance commission shall establish and
administer the Washington state housing finance commission land
acquisition revolving loan fund.
(2) As used in this chapter, "market rate" means the current
average market interest rate that is determined at the time any
individual loan is closed upon using a widely recognized current market
interest rate measurement to be selected for use by the Washington
state housing finance commission with the department's approval. This
interest rate must be noted in an attachment to the closing documents
for each loan.
(3) Under the affordable housing land acquisition revolving loan
fund program:
(a) Loans may be made to purchase land on which to develop
affordable housing. In addition to affordable housing, facilities
intended to provide supportive services to affordable housing residents
and low-income households in the nearby community may be developed on
the land.
(b) Eligible organizations applying for a loan must include in the
loan application a proposed affordable housing development plan
indicating the number of affordable housing units planned, a
description of any other facilities being considered for the property,
and an estimated timeline for completion of the development. The
Washington state housing finance commission may require additional
information from loan applicants and may consider the efficient use of
land, project readiness, organizational capacity, and other factors as
criteria in awarding loans.
(c) Forty percent of the loans shall go to eligible applicants
operating homeownership programs for low-income households in which the
households participate in the construction of their homes. Sixty
percent of loans shall go to other eligible organizations. If the
entire forty percent for applicants operating self-help homeownership
programs cannot be lent to these types of applicants, the remainder
shall be lent to other eligible organizations.
(d) Within five years of receiving a loan, a loan recipient must
present the Washington state housing finance commission with an updated
development plan, including a proposed development design, committed
and anticipated additional financial resources to be dedicated to the
development, and an estimated development schedule, which indicates
completion of the development within eight years of loan receipt. This
updated development plan must be substantially consistent with the
development plan submitted as part of the original loan application as
required in (b) of this subsection.
(e) Within eight years of receiving a loan, a loan recipient must
develop affordable housing on the property for which the loan was made
and place the affordable housing into service.
(f) A loan recipient must preserve the affordable rental housing
developed on the property acquired under this section as affordable
housing for a minimum of thirty years.
(4) If a loan recipient does not place affordable housing into
service on a property for which a loan has been received under this
section within the eight-year period specified in subsection (3)(e) of
this section, or if a loan recipient fails to use the property for the
intended affordable housing purpose consistent with the loan
recipient's original affordable housing development plan, then the loan
recipient must pay to the Washington state housing finance commission
an amount consisting of the principal of the original loan plus
compounded interest calculated at the current market rate. The
Washington state housing finance commission shall develop guidelines
for the time period in which this repayment must take place, which must
be noted in the original loan agreement. The Washington state housing
finance commission may grant a partial or total exemption from this
repayment requirement if it determines that a development is
substantially complete or that the property has been substantially used
in keeping with the original affordable housing purpose of the loan.
Any repayment funds received as a result of noncompliance with loan
requirements shall be deposited into the Washington state housing
finance commission land acquisition revolving loan fund for the
purposes of the affordable housing land acquisition revolving loan fund
program.
(5) The Washington state housing finance commission, with approval
from the department, may adopt guidelines and requirements that are
necessary to administer the affordable housing land acquisition
revolving loan fund program.
(6) Interest rates on property loans granted under this section may
not exceed one percent. All loan repayment moneys received shall be
deposited into the Washington state housing finance commission
affordable housing land acquisition revolving loan fund for the
purposes of the affordable housing land acquisition revolving loan fund
program.
(7) The Washington state housing finance commission must develop
performance measures for the program, which must be approved by the
department, including, at a minimum, measures related to:
(a) The ability of eligible organizations to access land for
affordable housing development;
(b) The total number of dwelling units by housing type and the
total number of ((very)) low-income households and persons served; and
(c) The financial efficiency of the program as demonstrated by
factors, including the cost per unit developed for affordable housing
units in different areas of the state and a measure of the effective
use of funds to produce the greatest number of units for low-income
households.
(8) By December 1st of each year, beginning in 2007, the Washington
state housing finance commission shall report to the department and the
appropriate committees of the legislature using, at a minimum, the
performance measures developed under subsection (7) of this section.
NEW SECTION. Sec. 2 A new section is added to chapter 43.185A
RCW to read as follows:
(1) The affordable housing and community facilities rapid response
loan program is created in the department to assist eligible
organizations described under RCW 43.185A.040, which includes nonprofit
organizations comprised of residents of manufactured/mobile home
communities, to purchase land or real property for affordable housing
and community facilities preservation or development in rapidly
gentrifying neighborhoods or communities with a significant low-income
population that is threatened with displacement by such gentrification.
(2) Loans or grants may be made through the affordable housing and
community facilities rapid response loan program to purchase land or
real property for the preservation or development of affordable housing
or community facilities, including reasonable costs and fees.
(3) The department may adopt guidelines and requirements that are
necessary to administer the affordable housing and community facilities
rapid response loan program.
(4) A loan recipient must preserve affordable rental housing
acquired or developed under this section as affordable housing for a
minimum of thirty years.
(5) Interest rates on loans made under this section may be as low
as zero percent but may not exceed three percent. All loan repayment
moneys received must be deposited into a program account established by
the department for the purpose of making new loans and grants under
this section.
(6) By December 1st of each year, beginning in 2008, the department
shall report to the appropriate committees of the legislature: The
number of loans and grants that were made in the program; for what
purposes the loans and grants were made; to whom the loans and grants
were made; and when the loans are expected to be paid back.
NEW SECTION. Sec. 3 If specific funding for the purposes of
section 2 of this act, referencing this act by bill or chapter number
and section number, is not provided by June 30, 2008, in the omnibus
appropriations act, section 2 of this act is null and void."
Correct the title.
EFFECT: Removes the requirement that the DCTED contract with the Housing Finance Commission to administer the Rapid Response program. Amends the null and void clause to be applicable only to the Rapid Response program. Clarifies that the Rapid Response program can provide loans and grants.