BILL REQ. #: S-1340.1
State of Washington | 60th Legislature | 2007 Regular Session |
READ FIRST TIME 02/05/07.
AN ACT Relating to tax incentives for certain multiple-unit dwellings in urban centers that provide affordable housing; amending RCW 84.14.005, 84.14.007, 84.14.010, 84.14.030, 84.14.040, 84.14.050, 84.14.060, 84.14.090, 84.14.100, and 84.14.110; adding new sections to chapter 84.14 RCW; and creating a new section.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 84.14.005 and 1995 c 375 s 1 are each amended to read
as follows:
The legislature finds:
(1) That in many of Washington's urban centers there is
insufficient availability of desirable and convenient residential
units, including affordable workforce housing units, to meet the needs
of a growing number of the public who would live in these urban centers
if these desirable, convenient, attractive, affordable, and livable
places to live were available;
(2) That the development of additional and desirable residential
units, including affordable workforce housing units, in these urban
centers that will attract and maintain a significant increase in the
number of permanent residents in these areas will help to alleviate the
detrimental conditions and social liability that tend to exist in the
absence of a viable mixed income residential population and will help
to achieve the planning goals mandated by the growth management act
under RCW 36.70A.020; and
(3) That planning solutions to solve the problems of urban sprawl
often lack incentive and implementation techniques needed to encourage
residential redevelopment in those urban centers lacking a sufficient
variety of residential opportunities, and it is in the public interest
and will benefit, provide, and promote the public health, safety, and
welfare to stimulate new or enhanced residential opportunities,
including affordable workforce housing opportunities, within urban
centers through a tax incentive as provided by this chapter.
Sec. 2 RCW 84.14.007 and 1995 c 375 s 2 are each amended to read
as follows:
It is the purpose of this chapter to encourage increased
residential opportunities, including affordable workforce housing
opportunities, in cities that are required to plan or choose to plan
under the growth management act within urban centers where the
((legislative body)) governing authority of the affected city has found
there is insufficient housing opportunities, including affordable
workforce housing opportunities. It is further the purpose of this
chapter to stimulate the construction of new multifamily housing and
the rehabilitation of existing vacant and underutilized buildings for
multifamily housing in urban centers having insufficient housing
opportunities that will increase and improve residential opportunities,
including affordable workforce housing opportunities, within these
urban centers. To achieve these purposes, this chapter provides for
special valuations in residentially deficient urban centers for
eligible improvements associated with multiunit housing ((in
residentially deficient urban centers)), which includes affordable
workforce housing.
Sec. 3 RCW 84.14.010 and 2002 c 146 s 1 are each amended to read
as follows:
Unless the context clearly requires otherwise, the definitions in
this section apply throughout this chapter.
(1) "City" means either (a) a city or town with a population of at
least ((thirty)) fifteen thousand or (b) the largest city or town, if
there is no city or town with a population of at least ((thirty))
fifteen thousand, located in a county planning under the growth
management act.
(2) "Affordable housing" means residential housing that is rented
or owned by a person or household whose monthly housing costs,
including utilities other than telephone, do not exceed thirty percent
of the household's monthly income.
(3) "High cost area" means a county where the fourth quarter median
house price for the previous year as reported by the Washington center
for real estate research at Washington State University is equal to or
greater than one hundred thirty percent of the statewide median house
price published at the same time.
(4) "Workforce housing" means, except as provided for high cost
areas, housing for employed low and moderate-income persons, whose
adjusted household income is greater than sixty percent but less than
one hundred twenty percent of the median family income, adjusted for
family size, for the county where the project is located, which
promotes the ability of the employed person to live near their place of
employment and reduces their commute time and expenses. For high cost
areas, the definition of "workforce housing" is expanded to mean
housing for employed low and moderate-income persons, whose adjusted
household income is greater than sixty percent but less than one
hundred fifty percent of the median family income.
(5) "Household" means a single person, family, or unrelated persons
living together.
(6) "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 family size,
for the county where the project is located.
(7) "Governing authority" means the local legislative authority of
a city having jurisdiction over the property for which an exemption may
be applied for under this chapter.
(((3))) (8) "Growth management act" means chapter 36.70A RCW.
(((4))) (9) "Multiple-unit housing" means a building having four or
more dwelling units not designed or used as transient accommodations
and not including hotels and motels. Multifamily units may result from
new construction or rehabilitated or conversion of vacant,
underutilized, or substandard buildings to multifamily housing.
(((5))) (10) "Owner" means the property owner of record.
(((6))) (11) "Permanent residential occupancy" means multiunit
housing that provides either rental or owner occupancy on a
nontransient basis. This includes owner-occupied or rental
accommodation that is leased for a period of at least one month. This
excludes hotels and motels that predominately offer rental
accommodation on a daily or weekly basis.
(((7))) (12) "Rehabilitation improvements" means modifications to
existing structures, that are vacant for twelve months or longer, that
are made to achieve a condition of substantial compliance with existing
building codes or modification to existing occupied structures which
increase the number of multifamily housing units.
(((8))) (13) "Residential targeted area" means an area within an
urban center that has been designated by the governing authority as a
residential targeted area in accordance with this chapter.
(((9))) (14) "Substantial compliance" means compliance with local
building or housing code requirements that are typically required for
rehabilitation as opposed to new construction.
(((10))) (15) "Urban center" means a compact identifiable district
where urban residents may obtain a variety of products and services.
An urban center must contain:
(a) Several existing or previous, or both, business establishments
that may include but are not limited to shops, offices, banks,
restaurants, governmental agencies;
(b) Adequate public facilities including streets, sidewalks,
lighting, transit, domestic water, and sanitary sewer systems; and
(c) A mixture of uses and activities that may include housing,
recreation, and cultural activities in association with either
commercial or office, or both, use.
Sec. 4 RCW 84.14.030 and 2005 c 80 s 1 are each amended to read
as follows:
(1) An owner of property making application under this chapter must
meet the following requirements:
(((1))) (a) The new or rehabilitated multiple-unit housing must be
located in a residential targeted area as designated by the city;
(((2))) (b) A minimum of twenty percent, or a minimum of one unit,
whichever is the greater whole number, of any rental housing units
included within the multiple-unit housing must be rented to low-income
households, except in the case of a high cost area, in which rental
housing units must be rented to households whose adjusted income is
less than one hundred percent of the median family income for the
county where the housing is located;
(c) A minimum of twenty percent, or a minimum of one unit, which
ever is the greater whole number, of any owner occupancy housing units
included within the multiple-unit housing must be sold to households
earning less than one hundred twenty percent of the area median income
for the county where the housing is located, except in the case of a
high cost area, in which owner occupancy units must be sold to
households, whose adjusted income is less than one hundred fifty
percent of the median family income for the county where the housing is
located. The owner of property making application under this chapter
must agree to relay to any homeowner to whom an affordable housing
owner occupancy unit is sold information regarding the requirements and
penalties in section 10 of this act;
(d) The multiple-unit housing must meet the guidelines as adopted
by the governing authority that may include height, density, public
benefit features, number and size of proposed development, parking,
very low-income, low-income, or moderate-income occupancy requirements
in addition to the affordable workforce housing requirements in (b) and
(c) of this subsection, and other adopted requirements indicated
necessary by the city. The required amenities should be relative to
the size of the project and tax benefit to be obtained;
(((3))) (e) The new, converted, or rehabilitated multiple-unit
housing must provide for a minimum of fifty percent of the space for
permanent residential occupancy. In the case of existing occupied
multifamily development, the multifamily housing must also provide for
a minimum of four additional multifamily units. Existing multifamily
vacant housing that has been vacant for twelve months or more does not
have to provide additional multifamily units;
(((4))) (f) New construction multifamily housing and rehabilitation
improvements must be completed within three years from the date of
approval of the application;
(((5))) (g) Property proposed to be rehabilitated must fail to
comply with one or more standards of the applicable state or local
building or housing codes on or after July 23, 1995. If the property
proposed to be rehabilitated is not vacant, an applicant shall provide
each existing tenant housing of comparable size, quality, and price and
a reasonable opportunity to relocate; and
(((6))) (h) The applicant must enter into a contract with the city
approved by the governing ((body)) authority, or an administrative
official or commission authorized by the governing authority, under
which the applicant has agreed to the implementation of the development
on terms and conditions satisfactory to the governing authority.
(2) The city may enter into an agreement with the owner of a
property seeking a tax exemption under this chapter in which the owner
agrees to provide an equivalent number of income-qualified affordable
rental or owner occupancy substitute units in a location other than
within the specific project seeking the tax exemption under this
chapter, provided that the owner of the property seeking to qualify for
the tax exemption provide to the city an irrevocable bank letter of
credit or other sufficient security approved by the city and a related
voluntary agreement, which requires that should substitute units not be
developed that meet the criteria in this section within the time period
negotiated between the city and the owner of the property, which is not
to exceed five years, the city shall receive a cash contribution by the
owner in the amount negotiated at the time of the original agreement
that is determined to be adequate for the city to create the previously
agreed upon substitute units, plus an amount equal to interest on the
contribution at a rate to be negotiated between the owner of the
property and the city at the time of the original agreement. The
substitute units to be created must:
(a) Be compatible in quality, type of construction, and general
amenities, excluding amenities considered to be luxury amenities, as
the units within the project receiving the exemption;
(b) Provide the same financial benefits to the income-qualified
households as the benefits due or received by the households in the
project receiving the exemption;
(c) Be located in the same residential targeted area designated by
the city or another such designated residential target area established
by the city under this chapter; and
(d) Be available for occupancy within the time period negotiated
between the owner of the property seeking exemption under this chapter
and the city, which may not exceed five years.
(3) If an owner of a project seeking exemption under this chapter
does not agree to comply with the affordable housing requirements in
subsection (1)(b) and (c) of this section and does not agree to provide
the appropriate substitute units through means described in subsection
(2) of this section, the city must either deny the application for tax
exemption, or the city, or a designated subcontractor such as a housing
authority, must commit to provide the substitute units required for the
project to receive the exemption. Such substitute units provided by
the city or its designated subcontractor may not be located in a
previously approved affordable housing project financed with funds from
the department of community, trade, and economic development housing
trust fund or the Washington state housing finance commission and must
be paid for or financed with revenues of the city that are designated
for such purpose.
Sec. 5 RCW 84.14.040 and 1995 c 375 s 7 are each amended to read
as follows:
(1) The following criteria must be met before an area may be
designated as a residential targeted area:
(a) The area must be within an urban center, as determined by the
governing authority;
(b) The area must lack, as determined by the governing authority,
sufficient available, desirable, and convenient residential housing,
including affordable workforce housing, to meet the needs of the public
who would be likely to live in the urban center, if the affordable,
desirable, attractive, and livable places to live were available; and
(c) The providing of additional housing opportunity, including
affordable workforce housing, in the area, as determined by the
governing authority, will assist in achieving one or more of the stated
purposes of this chapter.
(2) For the purpose of designating a residential targeted area or
areas, the governing authority may adopt a resolution of intention to
so designate an area as generally described in the resolution. The
resolution must state the time and place of a hearing to be held by the
governing authority to consider the designation of the area and may
include such other information pertaining to the designation of the
area as the governing authority determines to be appropriate to apprise
the public of the action intended.
(3) The governing authority shall give notice of a hearing held
under this chapter by publication of the notice once each week for two
consecutive weeks, not less than seven days, nor more than thirty days
before the date of the hearing in a paper having a general circulation
in the city where the proposed residential targeted area is located.
The notice must state the time, date, place, and purpose of the hearing
and generally identify the area proposed to be designated as a
residential targeted area.
(4) Following the hearing, or a continuance of the hearing, the
governing authority may designate all or a portion of the area
described in the resolution of intent as a residential targeted area if
it finds, in its sole discretion, that the criteria in subsections (1)
through (3) of this section have been met.
(5) After designation of a residential targeted area, the governing
authority shall adopt standards and guidelines to be utilized in
considering applications and making the determinations required under
RCW 84.14.060. The standards and guidelines must establish basic
requirements for both new construction and rehabilitation including
housing affordability standards and application process and procedures.
These guidelines may include the following:
(a) Requirements that address demolition of existing structures and
site utilization; ((and))
(b) Building requirements that may include elements addressing
parking, height, density, environmental impact, and compatibility with
the existing surrounding property and such other amenities as will
attract and keep permanent residents and that will properly enhance the
livability of the residential targeted area in which they are to be
located; and
(c) Housing affordability requirements in addition to the
affordable workforce housing requirements under RCW 84.14.030(1) (b)
and (c).
Sec. 6 RCW 84.14.050 and 1999 c 132 s 2 are each amended to read
as follows:
An owner of property seeking tax incentives under this chapter must
complete the following procedures:
(1) In the case of rehabilitation or where demolition or new
construction is required, the owner shall secure from the governing
authority or duly authorized ((agent)) representative, before
commencement of rehabilitation improvements or new construction,
verification of property noncompliance with applicable building and
housing codes;
(2) In the case of new and rehabilitated multifamily housing, the
owner shall apply to the city on forms adopted by the governing
authority. The application must contain the following:
(a) Information setting forth the grounds supporting the requested
exemption including information indicated on the application form or in
the guidelines;
(b) A description of the project and site plan, including the floor
plan of units, the number and percentage of affordable workforce
housing rental and affordable workforce housing owner occupancy units,
and other information requested;
(c) A statement signed by the applicant that:
(i) Any affordable workforce housing rental units shall be rented
only to low-income households, except in the case of a high cost area,
in which rental housing units shall be rented to households whose
adjusted income is less than one hundred percent of the median family
income for the county where the housing is located for a period of no
less than the ten-year exemption period; and
(ii) Any affordable housing units intended for owner occupancy
shall be sold by the applicant to a household earning less than one
hundred twenty percent of the area median income for the county where
the housing is located, except in the case of a high cost area, in
which owner occupancy units shall be sold to a household whose adjusted
income is less than one hundred fifty percent of the median family
income for the county where the housing is located, which shall receive
information regarding the requirements and penalties included in
section 10 of this act; and
(d) A statement that the applicant is aware of the potential tax
liability involved when the property ceases to be eligible for the
incentive provided under this chapter;
(3) The applicant must verify the application by oath or
affirmation; and
(4) The application must be accompanied by the application fee, if
any, required under RCW 84.14.080. The governing authority may permit
the applicant to revise an application before final action by the
governing authority.
Sec. 7 RCW 84.14.060 and 1995 c 375 s 9 are each amended to read
as follows:
The duly authorized administrative official or committee of the
city may approve the application if it finds that:
(1) A minimum of four new units are being constructed or in the
case of occupied rehabilitation or conversion a minimum of four
additional multifamily units are being developed;
(2) The proposed multiunit housing project meets the workforce
housing affordability requirements as provided in RCW 84.14.030(1) (b)
and (c).
(3) The proposed project is or will be, at the time of completion,
in conformance with all local plans and regulations that apply at the
time the application is approved;
(((3))) (4) The owner has complied with all standards and
guidelines adopted by the city under this chapter; and
(((4))) (5) The site is located in a residential targeted area of
an urban center that has been designated by the governing authority in
accordance with procedures and guidelines indicated in RCW 84.14.040.
Sec. 8 RCW 84.14.090 and 1995 c 375 s 12 are each amended to read
as follows:
(1) Upon completion of rehabilitation or new construction for which
an application for a limited tax exemption under this chapter has been
approved and after issuance of the certificate of occupancy, the owner
shall file with the city the following:
(a) A statement of the amount of rehabilitation or construction
expenditures made with respect to each housing unit and the composite
expenditures made in the rehabilitation or construction of the entire
property;
(b) A description of the work that has been completed and a
statement that the rehabilitation improvements or new construction on
the owner's property qualify the property for limited exemption under
this chapter; ((and))
(c) A statement that the percentage or number of affordable
workforce housing units on the owner's property qualifies the property
for limited exemption under this chapter; and
(d) A statement that the work has been completed within three years
of the issuance of the conditional certificate of tax exemption.
(2) Within thirty days after receipt of the statements required
under subsection (1) of this section, the authorized representative of
the city shall determine whether the work completed, and the
affordability of the units, is consistent with the application and the
contract approved by the ((governing authority)) city and is qualified
for a limited tax exemption under this chapter. The city shall also
determine which specific improvements completed meet the requirements
and required findings.
(3) If the rehabilitation, conversion, or construction is completed
within three years of the date the application for a limited tax
exemption is filed under this chapter, or within an authorized
extension of this time limit, and the authorized representative of the
city determines that improvements were constructed consistent with the
application and other applicable requirements, including affordable
workforce housing requirements, and the owner's property is qualified
for a limited tax exemption under this chapter, the city shall file the
certificate of tax exemption with the county assessor within ten days
of the expiration of the thirty-day period provided under subsection
(2) of this section.
(4) The authorized representative of the city shall notify the
applicant that a certificate of tax exemption is not going to be filed
if the authorized representative determines that:
(a) The rehabilitation or new construction was not completed within
three years of the application date, or within any authorized extension
of the time limit;
(b) The improvements were not constructed consistent with the
application or other applicable requirements; ((or))
(c) The affordable workforce housing requirements under RCW
84.14.030(1) (b) and (c) were not met; or
(d) The owner's property is otherwise not qualified for limited
exemption under this chapter.
(5) If the authorized representative of the city finds that
construction or rehabilitation of multiple-unit housing was not
completed within the required time period due to circumstances beyond
the control of the owner and that the owner has been acting and could
reasonably be expected to act in good faith and with due diligence, the
governing authority or the city official authorized by the governing
authority may extend the deadline for completion of construction or
rehabilitation for a period not to exceed twenty-four consecutive
months.
(6) The governing authority may provide by ordinance for an appeal
of a decision by the deciding officer or authority that an owner is not
entitled to a certificate of tax exemption to the governing authority,
a hearing examiner, or other city officer authorized by the governing
authority to hear the appeal in accordance with such reasonable
procedures and time periods as provided by ordinance of the governing
authority. The owner may appeal a decision by the deciding officer or
authority that is not subject to local appeal or a decision by the
local appeal authority that the owner is not entitled to a certificate
of tax exemption in superior court under RCW 34.05.510 through
34.05.598, if the appeal is filed within thirty days of notification by
the city to the owner of the decision being challenged.
Sec. 9 RCW 84.14.100 and 1995 c 375 s 13 are each amended to read
as follows:
Thirty days after the anniversary of the date of the certificate of
tax exemption and each year for a period of ten years, the owner of the
rehabilitated or newly constructed property shall file with a
designated ((agent)) authorized representative of the city an annual
report indicating the following:
(1) A statement of occupancy and vacancy of the rehabilitated or
newly constructed property during the twelve months ending with the
anniversary date. For units designated for affordable workforce
housing, such a statement must include the income levels of the renting
or purchasing households. For affordable workforce housing owner
occupancy units that have been sold, the statement must also include
the income level of the purchasing household, as well as contact
information for the purchasing household;
(2) A certification by the owner that the property has not changed
use; that the affordable workforce rental housing units have continued
to maintain conformity with the affordable workforce housing
requirements under RCW 84.14.030(1)(b); and that any affordable
workforce housing owner occupancy units sold by the owner were sold in
conformity with the affordable workforce housing requirements under RCW
84.14.030(1)(c) since the date of the certificate approved by the city;
and
(3) A description of changes or improvements constructed after
issuance of the certificate of tax exemption.
NEW SECTION. Sec. 10 A new section is added to chapter 84.14 RCW
to read as follows:
(1) If an income-qualified household which purchases an affordable
workforce housing owner occupancy unit which has been issued a
certificate of tax exemption under this chapter decides to resell the
unit within the ten-year tax exemption period, that household must sell
the unit to another household earning less than one hundred twenty
percent of the area median income for the county where the housing is
located, except in the case of a high cost area, in which owner
occupancy units shall be sold to a household whose adjusted income is
less than one hundred fifty percent of the median family income for the
county where the housing is located.
(2) If an income-qualified homeowner household resells an
affordable housing owner occupancy unit within the ten-year tax
exemption period to a household other than a household earning less
than one hundred twenty percent of the area median income for the
county where the housing is located, or if the unit is located within
a high cost area, earning less than one hundred fifty percent of the
median family income for the county where the housing is located, the
tax exemption for that unit must be canceled and a lien on the land
shall be enforced on the unit. The lien shall:
(a) Be calculated based upon the difference between the property
tax paid and the property tax that would have been paid, dating back to
the date the selling household officially purchased the unit, if it had
included the value of the nonqualifying improvements; and
(b) Have priority to and must be fully paid and satisfied before a
recognizance, mortgage, judgment, debt, obligation, or responsibility
to or with which the land may become charged or liable. The lien may
be foreclosed upon expiration of the same period after delinquency and
in the same manner provided by law for foreclosure of liens for
delinquent real property taxes. An additional tax unpaid on its due
date is delinquent. From the date of delinquency until paid, interest
must be charged at the same rate applied by law to delinquent ad
valorem property taxes.
Sec. 11 RCW 84.14.110 and 2002 c 146 s 3 are each amended to read
as follows:
(1) If improvements have been exempted under this chapter, the
improvements continue to be exempted and not be converted to another
use for at least ten years from date of issuance of the certificate of
tax exemption. If the owner intends to convert the multifamily
development to another use, or if the owner intends to discontinue
compliance with affordable workforce housing requirements under RCW
84.14.030, the owner shall notify the assessor within sixty days of the
change in use. If, after a certificate of tax exemption has been filed
with the county assessor, the city ((or)) assessor ((or)), agent, or
other authorized representative of the governing authority discovers
that a portion of the property is changed or will be changed to a use
that is other than residential or that housing or amenities no longer
meet the requirements, including affordable workforce housing
requirements, as previously approved or agreed upon by contract between
the ((governing authority)) city and the owner and that the multifamily
housing, or a portion of the housing, no longer qualifies for the
exemption, ((the tax exemption must be canceled and)) the following
must occur:
(a) In the case in which an income-qualified homeowner household
resells an affordable workforce housing owner occupancy unit that was
previously in compliance with the affordable workforce housing
requirements in RCW 84.14.030 to a household other than a household
earning less than one hundred twenty percent of the area median income
for the county where the housing is located, or if the unit is located
within a high cost area, earning less than one hundred fifty percent of
the median family income for the county where the housing is located
within the ten-year tax exemption period, the penalty as described in
section 10(2) of this act applies;
(b) In all other cases in which the multifamily housing, or a
portion of the housing, no longer qualifies for the exemption, the tax
exemption must be canceled for the entire property and additional real
property tax must be imposed upon the value of the nonqualifying
improvements in the amount that would normally be imposed, plus a
penalty must be imposed amounting to twenty percent. This additional
tax is calculated based upon the difference between the property tax
paid and the property tax that would have been paid if it had included
the value of the nonqualifying improvements dated back to the date that
the improvements were converted to a nonmultifamily use;
(((b))) (c) The tax must include interest upon the amounts of the
additional tax at the same statutory rate charged on delinquent
property taxes from the dates on which the additional tax could have
been paid without penalty if the improvements had been assessed at a
value without regard to this chapter; and
(((c))) (d) The additional tax owed together with interest and
penalty must become a lien on the land and attach at the time the
property or portion of the property is removed from multifamily use or
the amenities no longer meet applicable requirements, and has priority
to and must be fully paid and satisfied before a recognizance,
mortgage, judgment, debt, obligation, or responsibility to or with
which the land may become charged or liable. The lien may be
foreclosed upon expiration of the same period after delinquency and in
the same manner provided by law for foreclosure of liens for delinquent
real property taxes. An additional tax unpaid on its due date is
delinquent. From the date of delinquency until paid, interest must be
charged at the same rate applied by law to delinquent ad valorem
property taxes.
(2) Upon a determination that a tax exemption is to be canceled for
a reason stated in this section, the governing authority or authorized
representative shall notify the record owner of the property as shown
by the tax rolls by mail, return receipt requested, of the
determination to cancel the exemption. The owner may appeal the
determination to the governing authority or authorized representative,
within thirty days by filing a notice of appeal with the clerk of the
governing authority, which notice must specify the factual and legal
basis on which the determination of cancellation is alleged to be
erroneous. The governing authority or a hearing examiner or other
official authorized by the governing authority may hear the appeal. At
the hearing, all affected parties may be heard and all competent
evidence received. After the hearing, the deciding body or officer
shall either affirm, modify, or repeal the decision of cancellation of
exemption based on the evidence received. An aggrieved party may
appeal the decision of the deciding body or officer to the superior
court under RCW 34.05.510 through 34.05.598.
(3) Upon determination by the governing authority or authorized
representative to terminate an exemption, the county officials having
possession of the assessment and tax rolls shall correct the rolls in
the manner provided for omitted property under RCW 84.40.080. The
county assessor shall make such a valuation of the property and
improvements as is necessary to permit the correction of the rolls.
The value of the new housing construction, conversion, and
rehabilitation improvements added to the rolls shall be considered as
new construction for the purposes of chapter 84.55 RCW. The owner may
appeal the valuation to the county board of equalization under chapter
84.48 RCW and according to the provisions of RCW 84.40.038. If there
has been a failure to comply with this chapter, the property must be
listed as an omitted assessment for assessment years beginning January
1 of the calendar year in which the noncompliance first occurred, but
the listing as an omitted assessment may not be for a period more than
three calendar years preceding the year in which the failure to comply
was discovered.
NEW SECTION. Sec. 12 A new section is added to chapter 84.14 RCW
to read as follows:
(1) All cities, which issue certificates of tax exemption for
multiunit housing that conform to the requirements of this chapter
shall report annually to the department of community, trade, and
economic development. The report must include the following
information:
(a) The number of tax exemption certificates granted;
(b) The total number and type of units produced or to be produced;
(c) The number and type of affordable workforce housing units
produced or to be produced; and
(d) The value of the tax exemption.
(2) The department of community, trade, and economic development
shall also establish performance measures upon which the participating
cities shall annually report.
NEW SECTION. Sec. 13 This act is applicable only to applications
for an exemption from ad valorem taxation under this chapter, which are
received by a governing authority after the effective date of this act.