BILL REQ. #:  H-1650.2 

Read first time 02/16/2007.   Referred to Committee on Housing.

     AN ACT Relating to prohibiting discrimination against affordable housing developments; adding a new chapter to Title 43 RCW; and creating a new section.

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

NEW SECTION.  Sec. 1   It is the public policy of the state to assist in making affordable housing available throughout the state. The legislature recognizes that despite ongoing efforts there is still a lack of affordable housing in many areas. The legislature also recognizes that some local governments have imposed development requirements on affordable housing developments that are not generally imposed on other housing developments. The intent of this legislature is to prohibit discrimination against affordable housing developments.

NEW SECTION.  Sec. 2   The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
     (1) "Affordable housing development" means a housing development in which at least twenty-five percent of the dwelling units within the development are set aside for or are occupied by low-income households at a sales price or rent amount that is considered affordable by a federal, state, or local government housing program.
     (2) "Dwelling unit" means that part of a housing development that is used as a home, residence, or place to sleep by one person or two or more persons maintaining a common household.
     (3) "Housing development" means a proposed or existing structure that is used as a home, residence, or place to sleep by one or more persons including, but not limited to, single-family residences, manufactured homes, multifamily housing, group homes, and foster care facilities.
     (4) "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 affordable housing development is located.
     (5) "Requirement" means any obligations or constraints in any form including, without limitation, the enactment, enforcement, application, administration, or maintenance of an ordinance, development regulation, zoning regulation, official control, policy, procedure, administrative practice, approval standard, condition, special condition, or standard of review.

NEW SECTION.  Sec. 3   (1) A city, county, or other local governmental entity or agency may not adopt, impose, or enforce requirements on an affordable housing development that are different than the requirements imposed on housing developments generally.
     (2) A city, county, or other local governmental entity or agency may not adopt, impose, or enforce requirements affecting affordable housing developments that are unclear and not objective or that, either in themselves or cumulatively, discourage housing for homeless persons, farmworkers, persons with disabilities, or other low-income households through unreasonable cost or delay or by discriminating against such housing.
     (3) A city, county, or other local governmental entity or agency shall not prohibit or regulate any affordable housing development for any of the following reasons:
     (a) The owner of the affordable housing development has secured a commitment for financing to acquire, construct, renovate, or otherwise convert the housing development to provide housing for homeless persons, farmworkers, persons with disabilities, or low-income households, in whole or in part, from a federal, state, or local governmental entity or agency or a private nonprofit organization;
     (b) Race, sex, color, creed, ethnicity, national origin, ancestry, lawful occupation, familial status, sexual orientation, disability, or age of the owners or intended occupants of an affordable housing development;
     (c) The affordable housing development is intended for occupancy by homeless persons, farmworkers, persons with disabilities, or low-income households;
     (d) On-site or off-site support services are or will be available to address the special needs of the occupants of the affordable housing development;
     (e) The affordable housing development is owned by a nonprofit entity as defined in RCW 84.36.560(7) or by a housing authority as defined in RCW 35.82.020; or
     (f) The affordable housing development is exempt from property taxation under chapter 35.82 or 84.36 RCW.
     (4) An action contrary to this section by any city, county, or other local governmental entity or agency is a violation of this section. Any person or entity injured by a violation of this section, including any member of a low-income household who meets the eligibility standards for residency in the affordable housing development and is affected by such violation, may pursue a civil action in a court of competent jurisdiction to enjoin further violations or to recover actual damages sustained, or both, together with the costs of the suit, including reasonable attorneys' fees.
     (5) The adverse treatment and the discrimination prohibited in this section includes, without limitation:
     (a) The denial or conditioning of an affordable housing development due to, in whole or in part, any of the reasons set forth in subsection (3)(a) through (f) of this section;
     (b) The disproportionate impact of a requirement; and
     (c) The failure to make a decision in a timely manner or the failure to take an action.
     (6) This section does not prohibit any city, county, or other local governmental entity or agency from extending preferential treatment to affordable housing developments intended for occupancy by homeless persons, farmworkers, or low-income households. Preferential treatment may include, but is not limited to: A reduction or waiver of fees or changes in applicable requirements including, without limitation, architectural requirements, site development requirements, property line requirements, building setback requirements, or vehicle parking requirements; or other treatment that reduces or is likely to reduce the development or operating costs of an affordable housing development.

NEW SECTION.  Sec. 4   Sections 2 and 3 of this act constitute a new chapter in Title 43 RCW.