Office of the Insurance Commissioner (OIC) Study.

The OIC must conduct a study of the property and liability insurance coverages available to housing providers receiving housing trust fund resources and serving extremely low-income households (Applicable Housing Providers).  As part of the study, the OIC must consult with the following:  (1) applicable housing providers; (2) authorized insurers; (3) unauthorized insurers; (4) providers of nonprofit insurance services; (5) risk-sharing pools for public housing authorities and nongovernmental owners of affordable housing properties; (6) risk retention groups; (7) relevant association groups; and (8) other relevant state agencies including the Department of Enterprise Services, the Office of Risk Management, and the Department of Commerce.  

The OIC must:

1. obtain data, from entities transacting insurance with applicable housing providers from the previous five years, on:  (a) the number and type of policies in effect; (b) whether and why policies were not renewed or canceled; (c) claims activity; and (d) premiums and deductibles; and
2. investigate and request any other relevant information that may assist the OIC with analyzing the availability of property and liability coverages for applicable housing providers.

Any identified authorized insurers, unauthorized insurers, and risk retention groups must provide requested information to the OIC.  Data requested by the OIC is exempt from disclosure under the Public Records Act. 

The report must be submitted to the Legislature by December 31, 2024.  It must make recommendations on potential policy or budget options, including considerations regarding development of a high-risk sharing pool and addressing reinsurance market volatility.  The OIC may contract with a vendor to conduct actuarial analysis if necessary.

(In support) This policy is illuminating a problem we are seeing emerge across Washington, and puts in place a path forward to a solution and some potential future options to solve the problem.  The problem is that there are challenges and volatility in the insurance market, particularly the residential market.  This is impacting all residential property insurance but more acutely in the multifamily sector, and most acutely in the affordable multifamily sector. 

There is not an insignificant number of examples from our state's Housing Trust Fund-funded affordable housing providers with exorbitant increases in premiums, deductibles, and loss of coverage for some.  Loss of insurance coverage is incredibly detrimental to a housing provider's ability to operate, which we know our lowest income constituents need most especially.  These housing providers tend to own older buildings with multiple stories where a small fire in a couple of units with sprinklers could result in hundreds of thousands of dollars in damages.  These damages are not reimbursed by insurance, given the astronomical deductibles on many policies.  Without this bill, there is a risk of nonprofits walking away from supportive housing because they cannot mitigate the financial risk to the organization.  Focusing this bill on properties where the state has already made significant capitol investments makes sense.

This bill seeks to understand what is driving these problems, and next step recommendations.  The Office of the Insurance Commissioner (OIC) needs authority to get this information from authorized and unauthorized insurers, and it sets a table for information from a broad group of stakeholders.   

(Opposed) None.

(Other) As a technical comment, it is good to see that the data collected under the bill is protected from disclosure under the Public Records Act, but the exemption provision still allows for some disclosures in the OIC's discretion, which is an exception that swallows the rule.  

There is also concern that insurers do not collect the data that the data call in the bill is designed to collect.  Insurers believe they are prohibited from inquiring about the status of insureds in order to accurately respond to this data call. 

(In support) Representative Nicole Macri, prime sponsor; Dan Wise and Flo Beaumon, Catholic Community Services of Western Washington; Fawn Schott, Volunteers of America Eastern Washington and Northern Idaho; Andrew Davis, Office of the Insurance Commissioner; James Lovell, Chief Seattle Club; A Calkins, Association of Washington Housing Authorities; and Melanie Smith, Seattle King County Coalition on Homelessness.

No new changes were recommended.

(In support) Permanent supportive housing is one of the best state investments through the Housing Trust Fund to get people who need services and housing off the streets.  These people often need wraparound services to keep them housed and stable, which are a critical part of addressing the homelessness crisis.  However, providers are seeing dramatic increases in liability insurance costs.  One provider saw an increase of 19 percent from 2022 to 2023.  The rapid increase in operational costs is straining available funding sources.  To meet the growing need for low-income housing and supportive services, providers need assistance across the board.  This is a hugely technical issue and is common sense.  Rising and unsustainable insurance rates should not be what stops otherwise cost-effective and evidence-based housing solutions.  Coverage for damages includes fires, floods, pipe problems, and other issues that are driving some providers to pay out of pocket for all damages.  Loss of coverage, increasing premiums, and astronomical deductibles are discouraging housing expansions for communities in need.

This bill will allow the Office of the Insurance Commissioner to figure out whether the state can rely on a market-based solution or whether the state needs to do something like a risk pool.  This study is urgently needed and will provide a road map for action.

(Opposed) None.

Melanie Smith, Seattle and King County Coalition on Homelessness; Sarah Dickmeyer, Plymouth Housing; and Donna Christensen, Catholic Housing Services.