WSR 97-20-085

PROPOSED RULES

UNIVERSITY OF WASHINGTON

[Filed September 29, 1997, 9:35 a.m.]

Original Notice.

Preproposal statement of inquiry was filed as WSR 97-16-101.

Title of Rule: Chapter 478-156 WAC, Regulations for the University of Washington residence halls, apartments and family housing.

Purpose: The purpose of the proposed revisions to the rules is to modify eligibility and assignment-priority standards for family-housing apartments at the University of Washington. The proposed modifications will extend eligibility for family-housing apartments to registered, same-sex domestic partners, and update and clarify the language without changing the effect of the rules.

Other Identifying Information: The title of chapter 478-156 WAC is being changed to read: Rules for the University of Washington residence halls and family housing apartments.

Statutory Authority for Adoption: RCW 28B.20.130.

Statute Being Implemented: RCW 28B.20.130.

Summary: The rules establish eligibility and assignment-priority standards for residence halls and family-housing apartments at the University of Washington. The proposed modifications will extend eligibility for family-housing apartments to registered, same-sex domestic partners. Moreover, minor changes of a housekeeping nature are proposed to update and clarify the language without changing the effects of the rules.

Reasons Supporting Proposal: The university intends to extend eligibility to reside in its family-housing apartments to registered, same-sex domestic partners. Moreover, minor changes of a housekeeping nature are proposed to update and clarify the language without changing the effects of the rules.

Name of Agency Personnel Responsible for Drafting and Implementation: Ernest R. Morris, Vice-President for Student Affairs, 476 Schmitz Hall, University of Washington, (206) 543-4972; and Enforcement: Paul F. Brown, Director of Housing and Food Services, 305 Schmitz Hall, University of Washington, (206) 543-2430.

Name of Proponent: University of Washington, governmental.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: The purpose of the rules is to modify eligibility and assignment-priority standards for family-housing apartments to include registered, same-sex domestic partners. Moreover, minor changes of a housekeeping nature are proposed to update and clarify the language without changing the effects of the rules.

Proposal Changes the Following Existing Rules: The following sections of the Washington Administrative Code are amended: WAC 478-156-010, 478-156-011, 478-156-012, 478-156-013, 478-156-014, 478-156-015, 478-156-016, 478-156-017, and 478-156-018.

No small business economic impact statement has been prepared under chapter 19.85 RCW. Chapter 478-156 WAC is not subject to the Regulatory Fairness Act, chapter 19.85 RCW.

RCW 34.05.328 does not apply to this rule adoption. Chapter 478-156 WAC is not subject to RCW 34.05.328 and is not considered a significant legislative rule.

Hearing Location: Room 106B of the Husky Union Building (HUB), University of Washington, Seattle, Washington, on November 6, 1997, at 1:00 p.m.

Assistance for Persons with Disabilities: Contact University of Washington Disability Services Office by October 23, 1997, TDD (206) 543-6452, or (206) 543-6450.

Submit Written Comments to: Rebecca Goodwin Deardorff, Administrative Procedures Officer, Administrative Procedures Office via one of the following routes: Campus mail Box 355509; United States mail University of Washington, 4014 University Way N.E., Seattle, WA 98105-6203; e-mail adminpro@u.washington.edu; or FAX (206) 543-0786, by November 6, 1997.

Date of Intended Adoption: November 21, 1997.

September 26, 1997

Rebecca Goodwin Deardorff

Administrative Procedures Officer

((REGULATIONS)) RULES FOR THE UNIVERSITY OF WASHINGTON RESIDENCE HALLS((, APARTMENTS)) AND FAMILY HOUSING APARTMENTS

AMENDATORY SECTION (Amending Order 72-6, filed 11/6/72)

WAC 478-156-010 Legal authority to enact. Pursuant to the authority granted by RCW 28B.20.130((, chapter 223, Laws of 1969 ex. sess.,)) and ((RCW)) 28B.15.031((, section 2, chapter 279, Laws of 1971 ex. sess.)), the board of regents of the University of Washington has established the following ((regulations)) rules governing the operation of the university's residence halls((, apartments)) and family housing apartments.

[Order 72-6, 478-156-010, filed 11/6/72.]

AMENDATORY SECTION (Amending Order 72-6, filed 11/6/72)

WAC 478-156-011 Purpose of residence halls((, apartments)) and family housing(('s existence)) apartments. The residence halls((, apartments)) and family housing apartments exist to provide a conveniently((-))located living environment for university students which will contribute to their educational development.

[Order 72-6, 478-156-011, filed 11/6/72.]

AMENDATORY SECTION (Amending Order 72-6, filed 11/6/72)

WAC 478-156-012 Modification of these ((regulations)) rules. The board of regents reserves the right to add, delete, or modify portions of these ((regulations)) rules in accordance with its ((regulations)) rules and applicable laws.

[Order 72-6, 478-156-012, filed 11/6/72.]

AMENDATORY SECTION (Amending Order 72-6, filed 11/6/72)

WAC 478-156-013 Residence halls--Eligibility. Priority ((in)) for use of residence hall space is given to ((registered)) enrolled students at the University of Washington. Subject to space availability, the following may be granted residence privileges in the order of their applications after ((student)) the needs of enrolled students have been fulfilled:

(1) Participants in university-sponsored short courses, conferences and state tests and examinations.

(2) Visiting scholars sponsored by ((an)) academic departments.

(3) Students attending nearby community colleges.

(4) On a transient basis, visiting students from other institutions, visiting faculty members and guests of student residents.

(5) Other groups when approved by the ((university's)) committee on the use of university facilities.

[Order 72-6, 478-156-013, filed 11/6/72.]

AMENDATORY SECTION (Amending Order 72-6, filed 11/6/72)

WAC 478-156-014 Assignment priority. Priority in the assignment of residence hall space will be on the following basis:

(1) Returning residents will be given priority, within established deadlines, according to the number of quarters of prior occupancy ((with the student having the longest residence being given the highest priority)).

(2) New residents will be assigned according to the date of application with highest priority being given to those who applied the earliest.

[Order 72-6, 478-156-014, filed 11/6/72.]

AMENDATORY SECTION (Amending Order 72-6, filed 11/6/72)

WAC 478-156-015 Occupancy deadline. Students who have applied and have been assigned to a hall must occupy their rooms by noon of the second day of the quarter or their reservations will be terminated ((and such deposits as required by the housing and food services office will not be refunded unless notification is given the manager of the students' assigned hall by noon of the second day of instruction that the students will occupy their rooms at a later date as agreed to by the hall manager)).

[Order 72-6, 478-156-015, filed 11/6/72.]

AMENDATORY SECTION (Amending Order 79-5, filed 2/8/80)

WAC 478-156-016 ((Apartments and)) Family housing apartments--Eligibility. Residents must be ((registered)) enrolled as full-time students at the University of Washington three of the four quarters of an academic year, and be married couples; registered, same-sex domestic partners; or single parents with dependent children. In addition, financial eligibility must be verified annually for those students in priority groups (1) through (3), which are described in WAC 478-156-017. The office of student financial aid will annually update financial need figures for family housing eligibility and will annually evaluate the resources of each new applicant and each current resident of family housing to determine if their requirements for financial assistance exceed((s)) the established need figures. Separate financial need figures are established for each unit size. The applicable dollar amounts and deadlines for submission of the financial aid form are published by and available at the housing and food services office in January of each year. Eligibility will be for the period July 1 through June 30. Any expenses related to the processing of the financial aid form will be borne by the applicant or the current resident. ((This rule shall apply to all students except that for the 1980-81 academic year the rule will not affect current residents of family housing as of the effective date of this rule, and those assigned prior to April 1, 1980.)) Residents not meeting the eligibility requirements who feel they have mitigating circumstances may appeal to the application appeal and eviction review committee.

[Statutory Authority: RCW 28B.20.130(1). 80-03-005 (Order 79-5), 478-156-016, filed 2/8/80; Order 72-6, 478-156-016, filed 11/6/72.]

AMENDATORY SECTION (Amending Order 79-5, filed 2/8/80)

WAC 478-156-017 Assignment priority. Applicants for university-owned ((apartments and)) family housing apartments who are judged eligible for assignment pursuant to WAC 478-156-016 are assigned in the following order of priority:

(1) Students who have special housing ((problems, such as the physically handicapped*)) needs due to disability-related reasons (financial eligibility may be waived on a case-by-case basis for students with disabilities), students in the university's educational opportunity program, and others with extreme financial or personal hardship.

(2) Students who are single parents and have dependent children.

(3) Other students meeting financial eligibility criteria as set forth in WAC 478-156-016.

(4) Other students exceeding financial eligibility criteria.

((*Financial eligibility may be waived for physically handicapped students.))

[Statutory Authority: RCW 28B.20.130(1). 80-03-005 (Order 79-5), 478-156-017, filed 2/8/80; Order 72-6, 478-156-017, filed 11/6/72.]

AMENDATORY SECTION (Amending Order 72-6, filed 11/6/72)

WAC 478-156-018 Unit size--Eligibility standards. (1) Studio units. Married couples with no children; registered, same-sex domestic partners with no children; or single persons at least 20 years of age or of junior standing.

(2) One bedroom units. Married couples with no children((.)); registered, same-sex domestic partners with no children; single parents with one child ((or)); married couples with one child; or registered, same-sex domestic partners with one child.

(3) Two bedroom units. Married couples with one or two children((.)); registered, same-sex domestic partners with one or two children; or single parents with one or two children.

(4) Three bedroom units. Married couples with two or more children((, one of whom is 5 years or older.)); registered, same-sex domestic partners with two or more children; or single parents with two or more children((, one of whom is 5 years or older)). (((The 5-year age requirement may be lowered when there are insufficient eligible applicants with children that age.)))