wa-law.org > bill > 2025-26 > HB 1859 > Original Bill
A city planning under this chapter must allow an increased density bonus consistent with local needs for any affordable housing development of any single-family or multifamily residence located on real property owned or controlled by a religious organization provided that:
At least 20 percent of the affordable housing development is set aside for or occupied exclusively by low-income households;
The affordable housing development is part of a lease or other binding obligation that requires at least 20 percent of the housing units to be used exclusively for affordable housing purposes for at least fifty years, even if the religious organization no longer owns the property; and
The affordable housing development does not discriminate against any person who qualifies as a member of a low-income household based on race, creed, color, national origin, sex, veteran or military status, sexual orientation, or mental or physical disability; or otherwise act in violation of the federal fair housing amendments act of 1988 (42 U.S.C. Sec. 3601 et seq.).
A city must develop policies to implement this section if it receives a request from a religious organization for an increased density bonus for an affordable housing development. A city may establish policies to require an affordable housing development to set aside more than 20 percent of all residential dwelling units for low-income households to qualify for the increased density bonus.
The religious organization or an entity leasing the property for the purpose of developing the affordable housing development must pay all fees, mitigation costs, and other charges required through the development of the affordable housing development.
If applicable, the religious organization developing the affordable housing development should work with the local transit agency to ensure appropriate transit services are provided to the affordable housing development.
This section applies to any religious organization rehabilitating an existing affordable housing development.
For purposes of this section:
"Affordable housing development" means a proposed or existing structure in which 20 percent of all single-family or multifamily residential dwelling units within the development are set aside for or are occupied by low-income households whose monthly housing costs, including utilities other than telephone, do not exceed 30 percent of the household's monthly income;
"Low-income household" means a single person, family, or unrelated persons living together whose adjusted income is at or below 80 percent of the median family income, adjusted for household size, for the county where the affordable housing development is located, as reported by the United States department of housing and urban development; and
"Religious organization" has the same meaning as in RCW 35.21.915.
A city planning under this chapter must allow an increased density bonus consistent with local needs for any affordable housing development of any single-family or multifamily residence located on real property owned or controlled by a religious organization provided that:
At least 20 percent of the affordable housing development is set aside for or occupied exclusively by low-income households;
The affordable housing development is part of a lease or other binding obligation that requires at least 20 percent of the housing units to be used exclusively for affordable housing purposes for at least fifty years, even if the religious organization no longer owns the property; and
The affordable housing development does not discriminate against any person who qualifies as a member of a low-income household based on race, creed, color, national origin, sex, veteran or military status, sexual orientation, or mental or physical disability; or otherwise act in violation of the federal fair housing amendments act of 1988 (42 U.S.C. Sec. 3601 et seq.).
A city must develop policies to implement this section if it receives a request from a religious organization for an increased density bonus for an affordable housing development. A city may establish policies to require an affordable housing development to set aside more than 20 percent of all residential dwelling units for low-income households to qualify for the increased density bonus.
The religious organization or an entity leasing the property for the purpose of developing the affordable housing development must pay all fees, mitigation costs, and other charges required through the development of the affordable housing development.
If applicable, the religious organization developing the affordable housing development should work with the local transit agency to ensure appropriate transit services are provided to the affordable housing development.
This section applies to any religious organization rehabilitating an existing affordable housing development.
For purposes of this section:
"Affordable housing development" means a proposed or existing structure in which 20 percent of all single-family or multifamily residential dwelling units within the development are set aside for or are occupied by low-income households whose monthly housing costs, including utilities other than telephone, do not exceed 30 percent of the household's monthly income;
"Low-income household" means a single person, family, or unrelated persons living together whose adjusted income is at or below 80 percent of the median family income, adjusted for household size, for the county where the affordable housing development is located, as reported by the United States department of housing and urban development; and
"Religious organization" has the same meaning as in RCW 35A.21.360.
Any city or county fully planning under this chapter must allow an increased density bonus consistent with local needs for any affordable housing development of any single-family or multifamily residence located on real property owned or controlled by a religious organization provided that:
At least 20 percent of the affordable housing development is set aside for or occupied exclusively by low-income households;
The affordable housing development is part of a lease or other binding obligation that requires at least 20 percent of the housing units to be used exclusively for affordable housing purposes for at least fifty years, even if the religious organization no longer owns the property; and
The affordable housing development does not discriminate against any person who qualifies as a member of a low-income household based on race, creed, color, national origin, sex, veteran or military status, sexual orientation, or mental or physical disability; or otherwise act in violation of the federal fair housing amendments act of 1988 (42 U.S.C. Sec. 3601 et seq.).
A city or county must develop policies to implement this section if it receives a request from a religious organization for an increased density bonus for an affordable housing development. A city or county may establish policies to require an affordable housing development to set aside more than 20 percent of all residential dwelling units for low-income households to qualify for the increased density bonus.
An affordable housing development created by a religious institution within a city or county fully planning under RCW 36.70A.040 must be located within an urban growth area as defined in RCW 36.70A.110.
The religious organization or an entity leasing the property for the purpose of developing the affordable housing development must pay all fees, mitigation costs, and other charges required through the development of the affordable housing development.
If applicable, the religious organization developing the affordable housing development should work with the local transit agency to ensure appropriate transit services are provided to the affordable housing development.
This section applies to any religious organization rehabilitating an existing affordable housing development.
For purposes of this section:
"Affordable housing development" means a proposed or existing structure in which 20 percent of all single-family or multifamily residential dwelling units within the development are set aside for or are occupied by low-income households whose monthly housing costs, including utilities other than telephone, do not exceed 30 percent of the household's monthly income;
"Low-income household" means a single person, family, or unrelated persons living together whose adjusted income is at or below 80 percent of the median family income, adjusted for household size, for the county where the affordable housing development is located, as reported by the United States department of housing and urban development; and
"Religious organization" has the same meaning as in RCW 36.01.290.
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
"Affordable housing" means:
Homeownership housing intended for owner occupancy to low-income households whose monthly housing costs, including utilities other than telephone, do not exceed 30 percent of the household's monthly income;
"Rental housing" for low-income households whose monthly housing costs, including utilities other than telephone, do not exceed 30 percent of the household's monthly income.
"Applicant" means an owner of commercial property.
"City" means any city or town, including a code city.
"Conditional recipient" means an owner of commercial property granted a conditional certificate of program approval under this chapter, which includes any successor owner of the property.
"Eligible investment project" means an investment project that is located in a city and receiving a conditional certificate of program approval.
"Governing authority" means the local legislative authority of a city having jurisdiction over the property for which a deferral may be granted under this chapter.
"Household" means a single person, family, or unrelated persons living together.
[Empty]
"Initiation of construction" means the date that a building permit is issued under the building code adopted under RCW 19.27.031 for construction of the qualified building, if the underlying ownership of the building vests exclusively with the person receiving the economic benefit of the deferral.
"Initiation of construction" does not include soil testing, site clearing and grading, site preparation, or any other related activities that are initiated before the issuance of a building permit for the construction of the foundation of the building.
If the investment project is a phased project, "initiation of construction" applies separately to each phase.
"Investment project" means an investment in multifamily housing, including labor, services, and materials incorporated in the planning, installation, and construction of the project. "Investment project" includes investment in related facilities such as playgrounds and sidewalks as well as facilities used for business use for mixed-use development.
"Low-income household" means a single person, family, or unrelated persons living together whose adjusted income is at or below 80 percent of the median family income adjusted for family size, for the county, city, or metropolitan statistical area, where the project is located, as reported by the United States department of housing and urban development.
"Multifamily housing" means a building or a group of buildings having four or more dwelling units not designed or used as transient accommodations and not including hotels and motels. Multifamily units may result from rehabilitation or conversion of vacant, underutilized, or substandard buildings to multifamily housing.
"Owner" means :
The property owner of record; or
An entity leasing a property owned or controlled by a religious organization for the purpose of developing an investment project.
"Underutilized commercial property" means an entire property, or portion thereof, currently used or intended to be used by a business for retailing or office-related or administrative activities. If the property is used partly for a qualifying use and partly for other purposes, the applicable tax deferral must be determined by apportionment of the costs of construction under rules adopted by the department. For the purposes of this subsection, "qualifying use" means used or intended to be used by a business for retailing or office-related or administrative activities.