Wash. Rev. Code § 43.185.110. Affordable housing advisory board–State housing needs.
Effective: 12/31/19 – Through: 7/21/23
The affordable housing advisory board established in RCW 43.185B.020 shall advise the director on housing needs in this state, including housing needs for persons with mental illness or developmental disabilities or youth who are blind or deaf or otherwise disabled, operational aspects of the grant and loan program or revenue collection programs established by this chapter, and implementation of the policy and goals of this chapter. Such advice shall be consistent with policies and plans developed by behavioral health administrative services organizations according to chapter 71.24 RCW for individuals with mental illness and the developmental disabilities planning council for individuals with developmental disabilities.
Wash. Rev. Code § 43.185.090. Compliance monitoring.
Effective: 6/9/86 – Through: 7/21/23
The director shall monitor the activities of recipients of grants and loans under this chapter to determine compliance with the terms and conditions set forth in its application or stated by the department in connection with the grant or loan.
Wash. Rev. Code § 43.185.070. Notice of grant and loan application period–Priorities–Criteria for evaluation.
Effective: 12/31/19 – Through: 7/21/23
(1) During each calendar year in which funds from the housing trust fund or other legislative appropriations are available for use by the department for the housing assistance program, the department must announce to all known interested parties, and through major media throughout the state, a grant and loan application period of at least ninety days’ duration. This announcement must be made as often as the director deems appropriate for proper utilization of resources. The department must then promptly grant as many applications as will utilize available funds less appropriate administrative costs of the department as provided in RCW 43.185.050.
(2) In awarding funds under this chapter, the department must:
(a) Provide for a geographic distribution on a statewide basis; and
(b) Until June 30, 2013, consider the total cost and per-unit cost of each project for which an application is submitted for funding under RCW 43.185.050(2) (a) and (j), as compared to similar housing projects constructed or renovated within the same geographic area.
(3) The department, with advice and input from the affordable housing advisory board established in RCW 43.185B.020, or a subcommittee of the affordable housing advisory board, must report recommendations for awarding funds in a cost-effective manner. The report must include an implementation plan, timeline, and any other items the department identifies as important to consider to the legislature by December 1, 2012.
(4) The department must give first priority to applications for projects and activities which utilize existing privately owned housing stock including privately owned housing stock purchased by nonprofit public development authorities and public housing authorities as created in chapter 35.82 RCW. As used in this subsection, privately owned housing stock includes housing that is acquired by a federal agency through a default on the mortgage by the private owner. Such projects and activities must be evaluated under subsection (5) of this section. Second priority must be given to activities and projects which utilize existing publicly owned housing stock. All projects and activities must be evaluated by some or all of the criteria under subsection (5) of this section, and similar projects and activities shall be evaluated under the same criteria.
(5) The department must give preference for applications based on some or all of the criteria under this subsection, and similar projects and activities must be evaluated under the same criteria:
(a) The degree of leveraging of other funds that will occur;
(b) The degree of commitment from programs to provide necessary habilitation and support services for projects focusing on special needs populations;
(c) Recipient contributions to total project costs, including allied contributions from other sources such as professional, craft and trade services, and lender interest rate subsidies;
(d) Local government project contributions in the form of infrastructure improvements, and others;
(e) Projects that encourage ownership, management, and other project-related responsibility opportunities;
(f) Projects that demonstrate a strong probability of serving the original target group or income level for a period of at least twenty-five years;
(g) The applicant has the demonstrated ability, stability and resources to implement the project;
(h) Projects which demonstrate serving the greatest need;
(i) Projects that provide housing for persons and families with the lowest incomes;
(j) Projects serving special needs populations which are under statutory mandate to develop community housing;
(k) Project location and access to employment centers in the region or area;
(l) Projects that provide employment and training opportunities for disadvantaged youth under a youthbuild or youthbuild-type program as defined in RCW 50.72.020;
(m) Project location and access to available public transportation services; and
(n) Projects involving collaborative partnerships between local school districts and either public housing authorities or nonprofit housing providers, that help children of low-income families succeed in school. To receive this preference, the local school district must provide an opportunity for community members to offer input on the proposed project at the first scheduled school board meeting following submission of the grant application to the department.
Wash. Rev. Code § 43.185.050. Use of moneys for loans and grant projects to provide housing–Eligible activities.
Effective: 7/24/21 – Through: 7/21/23
(1) The department must use moneys from the housing trust fund and other legislative appropriations to finance in whole or in part any loans or grant projects that will provide housing for persons and families with special housing needs and with incomes at or below fifty percent of the median family income for the county or standard metropolitan statistical area where the project is located. At least thirty percent of these moneys used in any given funding cycle must be for the benefit of projects located in rural areas of the state as defined by the department. If the department determines that it has not received an adequate number of suitable applications for rural projects during any given funding cycle, the department may allocate unused moneys for projects in nonrural areas of the state.
(2) Activities eligible for assistance from the housing trust fund and other legislative appropriations include, but are not limited to:
(a) New construction, rehabilitation, or acquisition of low and very low-income housing units;
(b) Rent subsidies;
(c) Matching funds for social services directly related to providing housing for special-need tenants in assisted projects;
(d) Technical assistance, design and finance services and consultation, and administrative costs for eligible nonprofit community or neighborhood-based organizations;
(e) Administrative costs for housing assistance groups or organizations when such grant or loan will substantially increase the recipient’s access to housing funds other than those available under this chapter;
(f) Shelters and related services for the homeless, including emergency shelters and overnight youth shelters;
(g) Mortgage subsidies, including temporary rental and mortgage payment subsidies to prevent homelessness;
(h) Mortgage insurance guarantee or payments for eligible projects;
(i) Down payment or closing cost assistance for eligible first-time home buyers;
(j) Acquisition of housing units for the purpose of preservation as low-income or very low-income housing;
(k) Projects making housing more accessible to families with members who have disabilities; and
(l) Remodeling and improvements as required to meet building code, licensing requirements, or legal operations to residential properties owned and operated by an entity eligible under RCW 43.185A.040, which were transferred as described in RCW 82.45.010(3)(t) by the parent of a child with developmental disabilities.
(3) Preference must be given for projects that include an early learning facility, as defined in RCW 43.31.565.
(4) Legislative appropriations from capital bond proceeds may be used only for the costs of projects authorized under subsection (2)(a), (i), and (j) of this section, and not for the administrative costs of the department, except that during the 2021-2023 fiscal biennium, the department may use up to three percent of the appropriations from capital bond proceeds for administrative costs associated with application, distribution, and project development activities of the housing assistance program.
(5) Moneys from repayment of loans from appropriations from capital bond proceeds may be used for all activities necessary for the proper functioning of the housing assistance program except for activities authorized under subsection (2)(b) and (c) of this section.
(6) Administrative costs associated with application, distribution, and project development activities of the department may not exceed three percent of the annual funds available for the housing assistance program. Reappropriations must not be included in the calculation of the annual funds available for determining the administrative costs.
(7) Administrative costs associated with compliance and monitoring activities of the department may not exceed one-quarter of one percent annually of the contracted amount of state investment in the housing assistance program.
Wash. Rev. Code § 43.185B.020. Affordable housing advisory board—Generally (as amended by 2022 c 266).
Effective: 6/8/22 – Through: 7/21/23
(1) The department shall establish the affordable housing advisory board to consist of ((twenty-two))23 members.
(a) The following ((nineteen))20 members shall be appointed by the governor:
(i) Two representatives of the residential construction industry;
(ii) Two representatives of the home mortgage lending profession;
(iii) One representative of the real estate sales profession;
(iv) One representative of the apartment management and operation industry;
(v) One representative of the for-profit housing development industry;
(vi) One representative of for-profit rental housing owners;
(vii) One representative of the nonprofit housing development industry;
(viii) One representative of homeless shelter operators;
(ix) One representative of lower-income persons;
(x) One representative of special needs populations;
(xi) One representative of public housing authorities as created under chapter 35.82 RCW;
(xii) Two representatives of the Washington association of counties, one representative shall be from a county that is located east of the crest of the Cascade mountains;
(xiii) Two representatives of the association of Washington cities, one representative shall be from a city that is located east of the crest of the Cascade mountains;
(xiv) One representative to serve as chair of the affordable housing advisory board;
(xv) One representative at large; and
(xvi) One representative from a unit owners’ association as defined in RCW 64.34.020 or 64.90.010.
(b) The following three members shall serve as ex officio, nonvoting members:
(i) The director or the director’s designee;
(ii) The executive director of the Washington state housing finance commission or the executive director’s designee; and
(iii) The secretary of social and health services or the secretary’s designee.
(2)(a) The members of the affordable housing advisory board appointed by the governor shall be appointed for four-year terms, except that the chair shall be appointed to serve a two-year term. The terms of five of the initial appointees shall be for two years from the date of appointment and the terms of six of the initial appointees shall be for three years from the date of appointment. The governor shall designate the appointees who will serve the two-year and three-year terms. The members of the advisory board shall serve without compensation, but shall be reimbursed for travel expenses as provided in RCW 43.03.050 and 43.03.060.
(b) The governor, when making appointments to the affordable housing advisory board, shall make appointments that reflect the cultural diversity of the state of Washington.
(3) The affordable housing advisory board shall serve as the department’s principal advisory body on housing and housing-related issues, and replaces the department’s existing boards and task forces on housing and housing-related issues.
(4) The affordable housing advisory board shall meet regularly and may appoint technical advisory committees, which may include members of the affordable housing advisory board, as needed to address specific issues and concerns.
(5) The department, in conjunction with the Washington state housing finance commission and the department of social and health services, shall supply such information and assistance as are deemed necessary for the advisory board to carry out its duties under this section.
(6) The department shall provide administrative and clerical assistance to the affordable housing advisory board.
Seattle, WA Ordinance 113834. An Ordinance Creating the Low-Income Housing Fund…
Effective: 3/19/88 – Through: 7/22/23
Attached file: Ord_113834.pdf
[…]
ORDINANCE 113834
An Ordinance Creating the Low-Income Housing Fund, authorizing the reduction, reappropriation and
transfer of certain previously authorized appropriations for housing rehabilitation and
construction, abolishing certain previously established housing funds, amending Ordinanc8s
112148, 112342, 112383, 112904, 113751, 113’752, and
113753 and modifying Seattle Municipal Code Chapter
5.76, accordingly.
WHEREAS: there are two separate funds established for the deposit and expenditure of funds for housing
rehabilitation and construction; and
WHEREAS, there are various accounts and program categories established in other funds for similar
purposes; and
WHEREAS, the multiplicity of funds and accounts reduces the efficiency of City financial operations;
WHEREAS, it is recognized that the City Council will
continue to retain appropriation authority over all monies in the fund; Now, Therefore,
BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:
Section 1. Short Title: This Ordinance shall be
cited as the “Low-Income Housing Fund Ordinance”.
Section 2. There is hereby established in the City
Treasury a low-income housing fund, (“Low-Income Housing Fund”) into which shall be deposited or transferred all
balances, appropriations, gifts, donations, or receipts
dedicated to the rehabilitation, construction, or
preservation of low-income housing stock and interest earned where authorized, with the exception of such
federal grants and contracts that are required to be
reported in Community Development Block Grant Fund”
Section 3. Section 14 of Ordinance 112342, as amended, is further amended as follows:
Section 14. ((Low-Income Housing Replacement Fund)) Downtown Housing Preservation Account. All
owner contributions pursuant to Section. 11 of this Ordinance made in lieu of providing replacement
housing shall be deposited in the (Low-Income Housing Replacement Fund) Downtown Housing
Preservation Account of the Low-Income Housing Fund created by Ordinance No. 105220. Monies deposited
in the (fund) account shall be used solely to
assist in the production or rehabilitation of
housing units for low-income tenants. The Mayor or his designee is hereby authorized to implement a
program for producing and rehabilitating housing
units for low-income tenants with such funds. To
effectuate such a program, all monies in the
(Low-Income Housing Replacement Fund) Downtown Housing Preservation Account of the Low-Income Housing Fund
are hereby appropriated for such program and the City Comptroller is authorized to draw and the City Treasurer to pay the necessary warrants upon vouchers approved by the Mayor or his designee from appropriated funds.
Section 4. sections 1, 2 and 5 of Ordinance 113752 are amended as follows:
Section 1. The Mayor or his designee is hereby authorized to accept funds from the
Municipality of Metropolitan Seattle in the sum of Two Million Two Hundred Thousand Dollars ($2,200,000) for mitigation of the low-income housing impacts of the Downtown Seattle Transit Project. The funds are hereby accepted and shall be deposited in the ((Low-Income Housing Replacement Fund) Downtown Housing Preservation Account of the Low-Income Housing Fund.
section 2. The sum of Two Million Two Hundred Thousand Dollars ($2,200,000) is hereby appropriated from the ( (Low-Income Housing Replacement Fund) Downtown Housing Preservation Account of the Low-Income Housing Fund to such
low-income housing projects which will mitigate the impacts of the Downtown Seattle Transit Project and serve the needs of the homeless.
Section 5. Repayment of loans made from the
mitigation funds and interest earnings, and any other income shall be deposited in the (Low-Income Housing Replacement Fund) Downtown Housing Preservation Account of the Low-Income Housing Fund and shall be expended for the purposes authorized
by this ordinance and are hereby appropriated for
such purposes. The City Comptroller is authorized
to draw and the City Treasurer to pay the necessary warrants and to make the necessary transfers.
Section 5. section 4, Subsection E of Section 6,
and Section 9 of Ordinance 112904 are amended as
follows:
Section 4. ( (Low Income Housing Assistance Fund)) 1986 Housing Levy Account. There is hereby
established in the City Treasury a low-income
housing assistance ( (fund (“Low Income Housing Assistance Fund”))) account (“1986 Housing Levy
Account of the Low-Income Housing Fund”), into
which shall be placed the proceeds of the levy
authorized in this ordinance. Disbursements to the City and the Seattle Housing Authority shall be made from this (( fund. ) ) account. Prior to disbursement, monies in the ((Low Income Housing Assistance Fund)) 1986 Housing Levy Account of the Low-Income Housing Fund may be invested in securities authorized by law. All investment earnings shall accrue to the ((Low Income Housing Assistance Fund)) 1986 Housing Levy Account of the Low-Income Housing Fund.
Section 6. Administrative and Financial Plans.
E, The administrative and financial plans
shall be submitted to the City Council for its approval as part of the annual budget process. The City council shall appropriate from the
((Low Income Housing Assistance Fund)) 1986 Housing
Levy Account of the Low-Income Housing fund, with the Annual Budget, such funds as it deems necessary
to carry out the Levy Programs.
Section 9. Disposal of Acquired Properties.
Any property or housing units developed, acquired, constructed or rehabilitated by the City, its
agents or the Seattle Housing Authority with the
proceeds of the levy may be sold or otherwise
disposed of by the City, its agents, or the Seattle Housing Authority, to the extent permitted by law
if use of such housing units for the purposes of
this ordinance is no longer feasible, or if such
sale or other disposition would further the
purposes of this ordinance by increasing the supply
of housing for low-income households, but only with
the approval of the City in such manner as may be
provided in the Housing Cooperation Agreement. The proceeds of any such sale, including interest if
the sale is on a deferred payment basis, shall be
remitted to the City for deposit in the
(Low Income Housing Assistance Fund) 1986 Housing Levy Account of the Low-Income Housing Fund.
Section 6. All remaining expenditure allowances in
the Low-Income Housing Replacement Fund and Low-Income
Housing Assistance Fund are hereby abandoned and reappropriated to the Low-Income Housing Fund effective
December 31, 1987.
Section 7. The Low-Income Housing Replacement Fund
created by Ordinance 112342 on July 13, 1985 and the Low-Income Housing Assistance Fund created by Ordinance
112904 on July 11, 1986 are hereby closed and eliminated
effective December 31, 1987.
Section 8. All assets, liabilities and residual fund balance remaining in the Low-Income Housing
Replacement Fund and the Low-Income Housing Assistance
Fund shall be transferred to the Low–Income Housing Fund
effective December 31, 1 87 and the City comptroller is
hereby authorized and directed to make such transfers.
Section 9. The balance of such funds as were
appropriated from the Community Development Operating
Fund in Ordinance 112148 is hereby abandoned to the
Low-Income Housing Fund. such balances as are abandoned by this section are hereby appropriated from the
Low-Income Housing Fund for the purposes established in
Ordinance 112148.
Section 10. Subsection A., Section 9, of Ordinance 112383 is hereby amended as follows:
Section 9. Downtown Housing Maintenance Account.
A. There is hereby created in the City
Treasury an account in the ((General Trust Fund))
Low-Income Housing Fund designated the “Downtown
Housing Maintenance Account”, from which account
grants and loans as specified in Section 8 of this
ordinance may be made to owners or receivers to assist them in placing low-income rental units in
habitable condition and from which account shall be
paid costs and expenses incurred by the City in
connection with the repair of low-income rental units or buildings that can feasibly be made
habitable.
Section 11. The sum of Two Hundred Thousand
Dollars ($200,000) of the unexpended and unencumbered balance appropriated to account 4714 – SHA Housing
Rehabilitation Program in Department 460 of the 1986
Budget is hereby abandoned to the Low-Income Housing
Fund. such balances as are abandoned by this section are hereby appropriated from the Low-Income Housing Fund
for the purposes established in the 1986 budget.
Section 12. There is hereby established in the
Low-Income Housing Fund a Growth-Related Housing Account.
Section 13. Sections 2, 3 and 6 of Ordinance
113573 are amended as follows:
Section 2. The sum of Eight Hundred
Ninety-Six Thousand Dollars ($896,000) is hereby
transferred from the Cumulative Reserve Fund, Main
fund to the ((Cumulative Reserve Fund, Low-Income Housing Subfund, Growth-Related Housing Program Org.))
Growth-Related Housing Account of the
Low-Income Housing Fund.
Section 3. The sum of Eight Hundred
Ninety-Six Thousand Dollars ($896,000) is hereby appropriated from the ((Cumulative Reserve Fund, Low-Income Housing Subfund,)) Growth-Related Housing
Account of the Low-Income Housing Fund for the
Growth-Related Housing Program and the City Comptroller is hereby authorized to draw and the
City Treasurer to pay the necessary warrants and to
make the necessary transfers.
Section 6. Repayments of loans made from the
( (Growth Related Housing Program Org.))
Growth-Related Housing Account of the Low-Income Housing Fund, interest earnings, and other program income shall be deposited in the ((Growth-Related Housing Program Org. of the Cumulative Reserve Fund, Low Income Housing Subfund)) Growth-Related Housing Account of the Low-Income Housing Fund, and shall be expended for the purposes authorized by Resolution 27687 and such sums are hereby appropriated for such purposes. The City comptroller is authorized to draw and the City Treasurer to pay the necessary warrants and to make the necessary transfer.
Section 14. The sum of Six Hundred Eight-Six Thousand Dollars ($686,000) appropriated by Ordinance 113751 is hereby transferred to the Growth-Related Housing Account of the Low-Income Housing Fund. The sum of Six Hundred Eighty-six Thousand Dollars ($686,000) is hereby appropriated in the Growth-Related Housing Account for projects consistent with the Growth Related
Housing Program guidelines adopted by Resolution 27687.
Section 15. Section 4 of Ordinance 113751 is
amended as follows:
Section 4. Repayments of loans made from the
Growth-Related Housing Program and interest earnings, and other program income shall be
deposited in the ((Growth-Related Housing Account of the Cumulative Reserve Fund, Low Income Housing Sub-Fund)) Growth-Related Housing Account of the Low-Income Housing Fund and shall be expended for
the purposes authorized by Resolution 27686 and
such sums are hereby appropriated for such
purposes. The City Comptroller is authorized by
draw and the City Treasurer to pay the necessary
warrants and to make the necessary transfers.
Section 1 Seattle Municipal Code Chapter 5.76 is
accordingly modified to reflect the changes made by this ordinance.
Section 17. Any act consistent with the authority
and prior to the effective date of this ordinance is
hereby ratified and confirmed.
[…]
Section 18. This ordinance shall take effect and be in force thirty days from and after its passage and approval, if approved by the Mayr; otherwise it shall take effect at the time it shall become a law under the provisions of the city charter.
Passed by the City Council the 8th day of February, 1988
[…]
Approved by me this 19th day of February, 1988 […] Mayor
[…]
Wash. Rev. Code § 43.185.030. Washington housing trust fund.
Effective: 4/17/16 – Through: 7/21/23
There is hereby created in the state treasury an account to be known as the Washington housing trust fund. The housing trust fund shall include revenue from the sources established by this chapter, appropriations by the legislature, private contributions, repayment of loans, and all other sources. During the 2015-2017 fiscal biennium, the legislature may transfer from the Washington housing trust fund to the home security fund account and to the state general fund such amounts as reflect the excess balance in the fund.
Seattle, WA Ordinance 125028.
Effective: 4/28/16 – Through: 7/22/23
AN ORDINANCE relating to low-income housing; requesting that a special election be held ‘concurrent with the August 2, 2016 primary election for submission to the qualified electors of the City of a proposition to lift the limit on regular property taxes under chapter 84.55 RCW in order to authorize the City to levy additional taxes for low-income housing for up to seven years; providing for interim financing pending tax receipts; creating a levy oversight committee; requiring annual progress reports; providing for implementation of programs with funds derived from the taxes authorized; and ratifying and confirming certain prior acts.
WHEREAS, the $145,000,000 housing levy authorized in Ordinance 123013 and approved by the voters in 2009 (the “2009 Levy”) expires with the collection of 2016 property taxes; and
WHEREAS, the $86,000,000 housing levy authorized in Ordinance 120823 was approved by the voters in 2002; and
WHEREAS, the $59,211,000 housing levy authorized in Ordinance 117711 was approved by the voters in 1995; and
WHEREAS, the $49,975,000 housing levy authorized in Ordinance 112904 was approved by the voters in 1986; and
WHEREAS, the $48,170,000 low-income elderly and handicapped housing bond issue authorized in Ordinance 110124 was approved by the voters in 1981; and,
WHEREAS, the low-income elderly and handicapped housing bond approved in 1981 and three housing levies approved in 1986, 1995, and 2002 have all exceeded goals for producing and preserving housing, and the 2009 Levy programs are meeting or exceeding goals for housing production and assistance; and
WHEREAS, in September 2014, the City Council adopted Resolution 31546, in which the Mayor and the City Council jointly convened the Seattle Housing Affordability and Livability Agenda (HALA) Advisory Committee to evaluate potential strategies to make Seattle more affordable, equitable, and inclusive; and in particular to promote the development and preservation of affordable housing for residents of the City; and
WHEREAS, in July 2015, the HALA Advisory Committee published its Final Advisory Committee Recommendations and the Mayor published Housing Seattle: A Roadmap to an Affordable and Livable City, which outlines a multi-prong approach of bold and innovative solutions to address Seattle’s housing affordability crisis; and
WHEREAS, in October 2015, the City Council adopted Resolution 31622 declaring the City’s intent to expeditiously consider strategies recommended by the HALA Advisory Committee, including renewal of the Seattle Housing Levy; and
WHEREAS, the City Council adopted Resolution 31606 endorsing the goals of the Committee to End Homelessness (CEH) in King County Strategic Plan July 2015 — July 2019 and stating the intent to focus investment of new resources on effective prevention and housing services to better align City spending with the federal Homeless Emergency Assistance and Rapid Transition to Housing (HEARTH) Act of 2009 and evidenced-based practices; and
WHEREAS, substantial need remains for additional low-income housing and assistance to help low-income persons access housing they can afford, as documented in the Housing Appendix to the Comprehensive Plan and the City’s 2014-2017 Consolidated Plan; and
WHEREAS, chapter 84.55 RCW generally limits the dollar amount of regular property taxes that a city may levy in any year, but RCW 84.55.050 allows a city to levy taxes exceeding such limit by majority approval of the voters, and allows a city to include in the ballot proposition a limit on the purpose for which the additional taxes levied will be used and to provide for the expiration of the additional taxing authority; and
WHEREAS, RCW 35.21.685 authorizes a city to assist in the development or preservation of publicly or privately owned housing for persons of low income by providing loans or grants of general municipal funds to the owners or developers of the housing, including loans or grants to finance the acquisition, construction, or rehabilitation of low-income housing;
NOW, THEREFORE,
BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:
Section 1. Findings. The City Council makes the following findings and declares as follows:
A. The City of Seattle has insufficient safe, sanitary, and appropriate housing affordable to low-income households to meet the present and anticipated needs of such households, as documented in the Housing Appendix to the Comprehensive Plan and the City’s 2014-2017 Consolidated Plan.
B. Affordable rental housing for low-income households, including people experiencing homelessness, persons with special needs, families, and seniors, often requires a commitment of City funds for development or preservation, or other forms of assistance.
C. Supporting home ownership through grants to low-income homeowners to make critical health and safety repairs, and through loans to low-income first-time homebuyers coupled with homeownership counseling, helps create financial stability for families and promotes mixed income neighborhoods.
D. Rental assistance combined with stabilization services for low-income families and individuals facing eviction helps maintain stable housing and prevents homelessness.
E. Providing funding to help develop, preserve, and finance housing affordable to low-income renters and homebuyers helps create construction jobs and on-going employment and generates income for local businesses.
F. The additional taxes to be levied under this ordinance would enable the City to provide for the housing needs of low-income households and so fulfill the purposes of federal, State, County, and City laws and policies, including without limitation the State Growth Management Act (“GMA”), the Countywide Planning Policies adopted under GMA, and the City’s Comprehensive Plan.
Section 2. Definitions. The following terms used in this ordinance shall have the definitions stated below unless the context otherwise clearly requires:
“Household” means a single person, family, or unrelated persons living together.
“Low-income household” means a household with income less than or equal to 80 percent of median income.
“Low-income housing” means housing that will serve “low-income households,”
“Median income” means annual median family income for the statistical area or division thereof including Seattle for which median family income is published from time to time by the U.S. Department of Housing and Urban Development, or successor agency, with adjustments according to household size in a manner determined by the Director of Housing, provided that if an Administrative and Financial Plan adopted under Section 6 of this ordinance shall adopt a substitute definition of “median income,” the substitute definition shall apply.
To the extent permitted by State law, income determinations may take into account such exclusions, adjustments, and rules of computation as may be prescribed or used under federal housing laws, regulations, or policies for purposes of establishing income limits, or as may be established in City planning documents consistent with federal laws, regulations, or policies.
Section 3. Proposition to Authorize Levy of Additional Regular Property Taxes. The City hereby submits to the qualified electors of the City a proposition as authorized by RCW 84.55.050, to exceed the levy limitation on regular property taxes contained in chapter 84.55 RCW for property taxes levied in 2016 through 2022 for collection in 2017 through 2023, respectively, raising up to $290,000,000 in aggregate over a period of up to seven years. The proposition shall be limited so that the City shall not levy more than $41,428,571 in additional taxes each year, in addition to the maximum amount of regular property taxes the City would have been limited to by RCW 84.55.010 in the absence of voter approval under this ordinance. Proceeds shall be used for the purposes specified in Section 5.A of this ordinance. Pursuant to RCW 84.55.050(5), the maximum regular property taxes that may be levied in 2023 for collection in 2024 and in later years shall be computed as if the limit on regular property taxes had not been increased under this ordinance.
Section 4. Levy Revenues.
A. Unless otherwise directed by ordinance, all revenues collected from the additional taxes authorized pursuant to this ordinance shall be deposited in the Low-Income Housing Fund to finance housing for low-income households and provide for the housing needs of low-income households. The Director of Finance and Administrative Services or successor department is authorized to create other subfunds or accounts within the Low-Income Housing Fund as may be needed or appropriate to implement the purposes of this ordinance.
B. Pending expenditure for the purposes authorized in this ordinance, amounts deposited in the Low-Income Housing Fund pursuant to this ordinance may be invested in any investments permitted by applicable law. All investment earnings on the balances shall be deposited into the Low-Income Housing Fund. Amounts received by the City from payments with respect to proceeds of sale or disposition of property, loans, recovery of grants, or insurance proceeds (“program income”) shall be deposited into the Low-Income Housing Fund unless otherwise specified by ordinance. The Director of Housing or designee shall use any investment earnings and program income derived from revenues collected from the additional taxes authorized pursuant to this ordinance consistent with the provisions of any Administrative and Financial Plan (“A & F Plan”) adopted by the City Council under Section 6 of this ordinance.
Section 5. Administration; Use of Proceeds.
A. The levy funds shall be used to finance affordable housing for low-income households, and otherwise to provide for the housing needs of low-income households.
B. The City Office of Housing, or such other department as may be designated by ordinance, shall administer programs funded with the additional taxes authorized pursuant to this ordinance. Programs adopted by the City Council for use of the funds derived under this ordinance shall be referred to as “Levy Programs.” Anticipated Levy Programs are shown in Exhibit 1, attached to this ordinance.
C. For levy funds allocated to assist people experiencing homelessness or those at risk of homelessness, the City Office of Housing and the Human Services Department will allocate such funds to evidence-based homelessness prevention efforts, or the development, preservation, or operation of affordable housing. In addition, it is intended that the funding of such programs will closely align with federal, State, and County strategies and recommended best practices in order to maximize the City’s investments targeted to assist people experiencing homelessness or those at risk of homelessness thereby more effectively serving Seattle’s most vulnerable residents.
D. The City Council, upon recommendation of the Oversight Committee described in Section 9 of this ordinance, or upon recommendation of the Mayor, or on its own, may review the timing of the allocations to particular Levy Programs and may by ordinance make changes to the programs, including the amount of funds allocated to any program and/or additions and deletions of programs, consistent with the basic purposes of this ordinance and applicable law. Administration funding shown in Exhibit 1 is intended to be used for administration of Levy Programs. In addition, administration funding may be used for monitoring performance of funded projects, and administration of the Operating and Maintenance Program funding from prior levies. Administration funding for the Operating and Maintenance Program, for the monitoring of funded projects over their lives, and for any use of loan repayments, may come from investment earnings or program income.
Section 6. Administrative and Financial Plans.
A. Every two years, or at such other intervals as the City Council may specify, the Director of Housing, or other department head as may be designated by the Mayor, shall prepare an A & F Plan covering all of the Levy Programs. Such plans shall cover periods commencing in 2017 and continuing through 2023, and thereafter if so specified by the City Council.
B. Unless otherwise requested by the City Council, each A & F Plan shall include: amounts allocated to programs, which may vary from year to year in order to respond to changing housing market conditions, leveraging opportunities, or other circumstances; criteria for evaluating and selecting projects; guidelines for loans or grants, including any fees to be collected to defray costs; requirements for project sponsors; progress and performance reports for each Levy Program; program reviews to ensure that levy funds are used for their stated purposes; and guidelines for use of program income and investment earnings. An A & F Plan may include such other information as the Mayor or Director of Housing may deem appropriate or the City Council may request.
C. The A & F Plan shall be submitted to the City Council for its approval, with such modifications as the City Council may require. For purposes of future updates of the A & F Plan, all criteria, guidelines, and requirements contained in a previously approved A & F Plan shall remain in effect pending approval by City Council of a new A & F Plan, unless otherwise provided by ordinance.
Section 7. Approvals. The Director of Housing or other department head as may be designated by the Mayor, or the designee of such department head, is authorized to:
A. Select projects for funding and to approve, make, and modify loans, grants, or other expenditures to carry out the Levy Programs, provided that such authority is subject to the appropriation of sufficient funds; and
B. Execute and deliver such documents and instruments as the department head or designee determines are necessary or appropriate to implement the financing of specific projects or to otherwise carry out the Levy Programs.
Section 8. Bonds and Notes. To the extent permitted by applicable law, the City may issue bonds, notes or other evidences of indebtedness payable wholly or in part from the proceeds of the additional taxes authorized under this ordinance, and apply such tax proceeds to the payment of principal of, interest on, and premium (if any) on such bonds, notes or other evidences of indebtedness and to the payment of costs associated with them.
Section 9. Oversight Committee.
A. Conditioned upon voter approval of the ballot proposition submitted by this ordinance, there is established an Oversight Committee for the purpose of monitoring the progress of Levy Programs and reporting to the Mayor and the City Council on the progress of Levy Programs, The Committee also shall perform monitoring and reporting functions for any funds remaining from the 2009 Housing Levy. The Committee shall inform the Mayor and the City Council of Levy Program accompliShments and challenges and make recommendations on the A & F Plans and on actions to be taken, including additions to or deletions of programs or amounts of funds allocated to the several programs, so that Levy Programs may be conducted in a timely and efficient manner. The Committee may elect officers and establish rules of procedure, including what shall constitute a quorum. The Director of Housing or such other department head as may be designated by the Mayor shall provide the Committee such information as is necessary for the Committee to determine the status of individual programs and projects. The Oversight Committee shall consist of 13 voting members, selected as follows: one shall be a City employee appointed by the Mayor or designee; one shall be a City employee appointed by the City Council; the remainder shall be persons outside City government, of whom six shall be appointed by the Mayor and five by the City Council. The appointing authority shall remove any member who is absent from two or more consecutive meetings without cause. The appointing authority may remove any member for other good cause shown or to ensure compliance with subsection 9.B of this ordinance.
B. No more than three Committee members appointed by the Mayor and no more than two Committee members appointed by the City Council shall be an officer, director, board member, trustee, partner, or employee of an entity that receives or competes for funding under this ordinance; or be a member of the immediate family of, or an individual residing with, an officer, director, board member, trustee, partner, or employee of an entity that receives or competes for funding under this ordinance; or be a person seeking or having an arrangement concerning future employment with an entity that receives or competes for funding under this ordinance. For the purposes of this ordinance, an individual’s “immediate family” means the individual’s spouse, domestic partner, child, child of a spouse or domestic partner, sibling-in-law, parent, parent of a spouse or domestic partner, a person for whom the individual acts as a guardian, or a person claimed as a dependent on the individual’s most recent federal income tax return. Subject to the preceding sentence and applicable law, an individual serving as an officer, director, board member, trustee, partner, or employee of an entity that receives or competes for funding under this ordinance, or who has an interest in such an entity, shall not thereby be disqualified from serving on the Committee, but shall fully disclose any such relationships and shall not vote on any matter in which the interest of such entity is directly involved. For purposes of this subsection 9.B, “entity” does not include a City department or office.
C. Upon the resignation, retirement, death, incapacity, or removal of a Committee member, the authority appointing such member may appoint a replacement for the balance of the term.
D. Committee members shall serve without compensation.
E. The City Council shall prescribe by ordinance or resolution the terms of office of Committee members, which may be staggered to provide continuity, and the initial committee members shall be selected within six months after voter approval of the proposition submitted by this ordinance. The City Council may prescribe such other rules relating to the operation of the Committee as shall be necessary or appropriate.
F. The Oversight Committee shall continue in existence through 2023, and thereafter if so provided by ordinance.
Section 10. Reporting, The Director of the Office of Housing, or successor department, will prepare and submit to the Oversight Committee, City Council, and the Mayor an annual progress report on the implementation of the Housing Levy.
Section 11. Election – Ballot Title. The City Council directs that the City Clerk file this ordinance with the Director of Elections of King County, Washington, as ex officio supervisor of elections, requesting that the King County Director of Elections call and conduct a special election in the City in conjunction with the primary election to be held on August 2, 2016, for the purpose of submitting to the qualified electors of the City the proposition set forth in this ordinance, The City Clerk is directed to certify to the King County Director of Elections the ballot title approved by the City Attorney in accordance with the City Attorney’s responsibilities under RCW 29A,36.071. The following ballot title is submitted to the City Attorney for consideration:
Seattle’s Proposition 1 concerns increased property taxes for seven years for low-income housing assistance.
Proposition No. 1
Property Tax Levy Renewal for Affordable Housing
The City of Seattle’s Proposition 1 concerns replacing the Seattle Housing Levy.
If approved, this proposition would replace an expiring levy to fund: housing for low-income seniors, workers, and households, and the disabled and mentally ill; and homelessness prevention and reduction programs, including emergency rental assistance for at-risk families.
It authorizes regular property taxes above RCW 84.55 limits, allowing $290,000,000 in additional taxes over seven years beginning in 2017, limited to $41,428,571/year. The 2017 regular tax rate would be limited to $3.60/$1,000 assessed value, including approximately $0.25/$1,000 assessed value in additional taxes.
Should this levy lid lift be approved?
Yes
No
Those in favor shall vote “Yes”; those opposed shall mark their ballots “No”.
Section 12. Section Titles, Section titles are for convenient reference only and do not modify or limit the text of a section.
Section 13. Severability. If any one or more provisions of this ordinance shall for any reason be held invalid, such invalidity shall not affect any other provision of this ordinance or the levy of additional taxes authorized, but this ordinance shall be construed and enforced as if such invalid provisions had not been contained herein, except that if any provision shall be held invalid by reason of its extent or the range of persons eligible to benefit therefrom, then such provision shall be deemed to be in effect to the extent permitted by law and to benefit only such class of persons as may lawfully be granted the benefit thereof
Section 14. Ratification. The City Clerk’s certification to the King County Director of Elections of the proposition referred to in Section 11, and any other acts taken after the passage of this ordinance and consistent with its authority, are ratified and confirmed.
Section 15. Effectiveness. Those portions of this ordinance providing for the submission of a ballot proposition to the voters shall take effect and be in force immediately upon the approval by the Mayor; or if returned to the City Council by the Mayor unsigned, then immediately upon its return; or if not approved and returned by the Mayor within ten days after presentation, then on the eleventh day after its presentation to the Mayor; or if vetoed by the Mayor, then immediately after its passage over the Mayor’s veto.
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