The contention that housing would be a focus of this Legislature is certainly proving to be true. This week will see hearings on several proposals related to promoting certain housing forms, from ADUs to middle housing to condominiums.
ADUs
Last week we wrote about SB 5235 (Sen. Sharon Shewmake, D–Bellingham) which is a returning bill dealing with preempting cities on a variety of policies around accessory dwelling units (ADUs). It was rescheduled for public hearing on January 26, and the companion HB 1276 (Rep. Gerry Pollet, D–Seattle) will be heard on January 23.
Additionally, we’ve seen the introduction and scheduling of an even more prescriptive and pre-emptive ADU proposal, HB 1337 (Rep. Mia Gregerson, D–SeaTac). In addition to requiring two ADUs per lot as the bills propose, this bill goes further and limits city authority around the following areas:
- Cannot assess impact fees more than 50% of what would have been imposed on the primary unit.
- Cannot require owner occupancy.
- Cannot require off-street parking.
Restricts regulation of lot size, floor area ratio, setbacks, roof heights, how close the ADU can be to lot lines abutting alleys, etc.
Helpfully, it does provide an exemption from appeal under SEPA on the work required to make these changes to your local codes and developments regulations.
Middle housing
The Senate will hear its version of the middle housing bill (HB 1110), SB 5190, on January 25. Senator
Yasmin Trudeau’s (D–Tacoma) bill got a little later start than the House because it was originally referred to the wrong committee. At this point the provisions are still identical to the proposal we wrote up previously on the House bill.
Condominium reform
Among the most hoped-for reforms around housing from city officials might be reforms that could jump start the condominium market as a lower cost home ownership opportunity. Because of the additional liability facing condo developers, and the cost and
availability of insurance to cover that liability, this market has been stalled for many years.
SB 5258 (Sen. Sharon Shewmake, D–Bellingham) and HB 1298 (Rep. Spencer Hutchins, R–Gig Harbor) are companion bills that tackle this problem head on with the Senate bill up for a hearing on January 23. These bills are highly technical, but some provisions include:
- Requiring more detail and a report under oath by a construction defect professional to assert a construction defect claim. This is to require claimants to be more specific about their exact contentions and provide information for the second element.
- A new “right to cure” opportunity for the developer to address any defects.
- A new exemption from the Real Estate Excise Tax to first time homebuyers who meet the eligibility for the Washington Housing Finance Commission first time homebuyer program.
- Direction for impact fees to be proportionate to the impact of new housing units, based on square footage on number of bedrooms, with a goal to proportionally lower impact fees for smaller housing units.
- Direction for cities to allow for unit-lot subdivision allowing separation of parent lots into individually owned separate lots.
Finally, a simpler approach is proposed in SB 5058, sponsored by Sen. Mike Padden (R–Spokane Valley). The bill exempts
buildings with 12 or fewer units in two or fewer stories from certain standards which play into the condominium liability challenges. These units would be exempt from:
- A requirement to submit a building enclosure design document.
- Obtaining a building enclosure inspection during construction or at sale.
Dates to remember
HB 1276 is scheduled for public hearing in the House Housing Committee on Monday, January 23 at 1:30 pm.
SB 5058 and SB 5258 are scheduled for public hearing in the Senate Law & Justice Committee on Monday, January 23 at 10:30 am and are scheduled for a vote in the same committee on Thursday, January 26 at 8 am.
SB 5190 is scheduled for public hearing in the Senate Housing Committee on Wednesday, January 25 at 1:30 pm.
SB 5235 is scheduled for public hearing in the Senate Local Government, Land Use & Tribal Affairs Committee on Thursday, January 26 at 10:30 am.