HB 1450 -
By Committee on Consumer Protection & Housing
NOT ADOPTED 04/12/2007
Strike everything after the enacting clause and insert the following:
"Sec. 1 RCW 84.36.560 and 2001 1st sp.s. c 7 s 1 are each amended
to read as follows:
(1) The real and personal property owned or used by a nonprofit
entity in providing rental housing for very low-income households or
used to provide space for the placement of a mobile home for a very
low-income household within a mobile home park is exempt from taxation
if:
(a) The benefit of the exemption inures to the nonprofit entity;
(b) At least seventy-five percent of the occupied dwelling units in
the rental housing or lots in a mobile home park are occupied by a very
low-income household; and
(c) The rental housing or lots in a mobile home park were insured,
financed, or assisted in whole or in part through one or more of the
following sources:
(i) A federal or state housing program administered by the
department of community, trade, and economic development; ((or))
(ii) A federal housing program administered by a city or county
government;
(iii) An affordable housing levy authorized under RCW 84.52.105; or
(iv) The surcharges authorized by RCW 36.22.178 and 36.22.179 and
any of the surcharges authorized in chapter 43.185C RCW.
(2) If less than seventy-five percent of the occupied dwelling
units within the rental housing or lots in the mobile home park are
occupied by very low-income households, the rental housing or mobile
home park is eligible for a partial exemption on the real property and
a total exemption of the housing's or park's personal property as
follows:
(a) A partial exemption shall be allowed for each dwelling unit in
the rental housing or for each lot in a mobile home park occupied by a
very low-income household.
(b) The amount of exemption shall be calculated by multiplying the
assessed value of the property reasonably necessary to provide the
rental housing or to operate the mobile home park by a fraction. The
numerator of the fraction is the number of dwelling units or lots
occupied by very low-income households as of December 31st of the first
assessment year in which the rental housing or mobile home park becomes
operational or on January 1st of each subsequent assessment year for
which the exemption is claimed. The denominator of the fraction is the
total number of dwelling units or lots occupied as of December 31st of
the first assessment year the rental housing or mobile home park
becomes operational and January 1st of each subsequent assessment year
for which exemption is claimed.
(3) If a currently exempt rental housing unit in a facility with
ten units or fewer or mobile home lot in a mobile home park with ten
lots or fewer was occupied by a very low-income household at the time
the exemption was granted and the income of the household subsequently
rises above fifty percent of the median income but remains at or below
eighty percent of the median income, the exemption will continue as
long as the housing continues to meet the certification requirements of
a very low-income housing program ((administered by the department of
community, trade, and economic development or the affordable housing
levy under RCW 84.52.105)) listed in subsection (1) of this section.
For purposes of this section, median income, as most recently
determined by the federal department of housing and urban development
for the county in which the rental housing or mobile home park is
located, shall be adjusted for family size. However, if a dwelling
unit or a lot becomes vacant and is subsequently rerented, the income
of the new household must be at or below fifty percent of the median
income adjusted for family size as most recently determined by the
federal department of housing and urban development for the county in
which the rental housing or mobile home park is located to remain
exempt from property tax.
(4) If at the time of initial application the property is
unoccupied, or subsequent to the initial application the property is
unoccupied because of renovations, and the property is not currently
being used for the exempt purpose authorized by this section but will
be used for the exempt purpose within two assessment years, the
property shall be eligible for a property tax exemption for the
assessment year in which the claim for exemption is submitted under the
following conditions:
(a) A commitment for financing to acquire, construct, renovate, or
otherwise convert the property to provide housing for very low-income
households has been obtained, in whole or in part, by the nonprofit
entity claiming the exemption from((:))
one or more of the sources listed in subsection (1)(c) of this section;
(i) A federal or state housing program administered by the
department of community, trade, and economic development; or
(ii) An affordable housing levy authorized under RCW 84.52.105
(b) The nonprofit entity has manifested its intent in writing to
construct, remodel, or otherwise convert the property to housing for
very low-income households; and
(c) Only the portion of property that will be used to provide
housing or lots for very low-income households shall be exempt under
this section.
(5) To be exempt under this section, the property must be used
exclusively for the purposes for which the exemption is granted, except
as provided in RCW 84.36.805.
(6) The nonprofit entity qualifying for a property tax exemption
under this section may agree to make payments to the city, county, or
other political subdivision for improvements, services, and facilities
furnished by the city, county, or political subdivision for the benefit
of the rental housing. However, these payments shall not exceed the
amount last levied as the annual tax of the city, county, or political
subdivision upon the property prior to exemption.
(7) As used in this section:
(a) "Group home" means a single-family dwelling financed, in whole
or in part, by ((the department of community, trade, and economic
development or by an affordable housing levy under RCW 84.52.105)) one
or more of the sources listed in subsection (1)(c) of this section.
The residents of a group home shall not be considered to jointly
constitute a household, but each resident shall be considered to be a
separate household occupying a separate dwelling unit. The individual
incomes of the residents shall not be aggregated for purposes of this
exemption;
(b) "Mobile home lot" or "mobile home park" means the same as these
terms are defined in RCW 59.20.030;
(c) "Occupied dwelling unit" means a living unit that is occupied
by an individual or household as of December 31st of the first
assessment year the rental housing becomes operational or is occupied
by an individual or household on January 1st of each subsequent
assessment year in which the claim for exemption is submitted. If the
housing facility is comprised of three or fewer dwelling units and
there are any unoccupied units on January 1st, the department shall
base the amount of the exemption upon the number of occupied dwelling
units as of December 31st of the first assessment year the rental
housing becomes operational and on May 1st of each subsequent
assessment year in which the claim for exemption is submitted;
(d) "Rental housing" means a residential housing facility or group
home that is occupied but not owned by very low-income households;
(e) "Very low-income household" means a single person, family, or
unrelated persons living together whose income is at or below fifty
percent of the median income adjusted for family size as most recently
determined by the federal department of housing and urban development
for the county in which the rental housing is located and in effect as
of January 1st of the year the application for exemption is submitted;
and
(f) "Nonprofit entity" means a:
(i) Nonprofit as defined in RCW 84.36.800 that is exempt from
income tax under section 501(c) of the federal internal revenue code;
(ii) Limited partnership where a nonprofit as defined in RCW
84.36.800 that is exempt from income tax under section 501(c) of the
federal internal revenue code, a public corporation established under
RCW 35.21.660, 35.21.670, or 35.21.730, a housing authority created
under RCW 35.82.030 or 35.82.300, or a housing authority meeting the
definition in RCW 35.82.210(2)(a) is a general partner; or
(iii) Limited liability company where a nonprofit as defined in RCW
84.36.800 that is exempt from income tax under section 501(c) of the
federal internal revenue code, a public corporation established under
RCW 35.21.660, 35.21.670, or 35.21.730, a housing authority established
under RCW 35.82.030 or 35.82.300, or a housing authority meeting the
definition in RCW 35.82.210(2)(a) is a managing member.
Sec. 2 RCW 84.40.030 and 2001 c 187 s 17 are each amended to read
as follows:
All property shall be valued at one hundred percent of its true and
fair value in money and assessed on the same basis unless specifically
provided otherwise by law.
Taxable leasehold estates shall be valued at such price as they
would bring at a fair, voluntary sale for cash without any deductions
for any indebtedness owed including rentals to be paid.
The true and fair value of real property for taxation purposes
(including property upon which there is a coal or other mine, or stone
or other quarry) shall be based upon the following criteria:
(1) Any sales of the property being appraised or similar properties
with respect to sales made within the past five years. The appraisal
shall be consistent with the comprehensive land use plan, development
regulations under chapter 36.70A RCW, zoning, and any other
governmental policies or practices in effect at the time of appraisal
that affect the use of property, as well as physical and environmental
influences. An assessment may not be determined by a method that
assumes a land usage or highest and best use not permitted, for that
property being appraised, under existing zoning or land use planning
ordinances or statutes or other government restrictions. The appraisal
shall also take into account: (a) In the use of sales by real estate
contract as similar sales, the extent, if any, to which the stated
selling price has been increased by reason of the down payment,
interest rate, or other financing terms; and (b) the extent to which
the sale of a similar property actually represents the general
effective market demand for property of such type, in the geographical
area in which such property is located. Sales involving deed releases
or similar seller-developer financing arrangements shall not be used as
sales of similar property.
(2) In addition to sales as defined in subsection (1) of this
section, consideration may be given to cost, cost less depreciation,
reconstruction cost less depreciation, or capitalization of income that
would be derived from prudent use of the property, as limited by law or
ordinance. Consideration should be given to any agreement, between an
owner of rental housing and any government agency, that restricts
rental income, appreciation, and liquidity; and to the impact of
government restrictions on operating expenses and on ownership rights
in general of such housing. In the case of property of a complex
nature, or being used under terms of a franchise from a public agency,
or operating as a public utility, or property not having a record of
sale within five years and not having a significant number of sales of
similar property in the general area, the provisions of this subsection
shall be the dominant factors in valuation. When provisions of this
subsection are relied upon for establishing values the property owner
shall be advised upon request of the factors used in arriving at such
value.
(3) In valuing any tract or parcel of real property, the true and
fair value of the land, exclusive of structures thereon shall be
determined; also the true and fair value of structures thereon, but the
valuation shall not exceed the true and fair value of the total
property as it exists. In valuing agricultural land, growing crops
shall be excluded."
HB 1450 -
By Committee on Consumer Protection & Housing
NOT ADOPTED 04/12/2007
On page 1, line 2 of the title, after "taxation;" strike the remainder of the title and insert "and amending RCW 84.36.560 and 84.40.030."
EFFECT: The amendment adds section 1 of Substitute House Bill 2059
to the underlying bill.
A property tax assessment may not consider a highest and best use
for a property that is not permitted for that property under existing
zoning or land use planning ordinances or statutes or other government
restrictions.
For property assessments, consideration should be given to any
agreement with a government agency that restricts rental income,
appreciation, and liquidity, and to the impact of government
restrictions on operating expenses and on ownership rights.