Washington § 36.130.020 - Restrictions on affordable housing development requirements — Preferential treatment — Requirements as conditions.

(1) A city, county, or other local governmental entity or agency may not adopt, impose, or enforce requirements on an affordable housing development that are different than the requirements imposed on housing developments generally.

(2) This section does not prohibit any city, county, or other local governmental entity or agency from extending preferential treatment to affordable housing developments intended for including, but not limited to, occupancy by homeless persons, farmworkers, persons with disabilities, senior citizens, or low-income households. Preferential treatment may include, but is not limited to: A reduction or waiver of fees or changes in applicable requirements including, without limitation, architectural requirements, site development requirements, property line requirements, building setback requirements, or vehicle parking requirements; or other treatment that reduces or is likely to reduce the development or operating costs of an affordable housing development.

(3) A city, county, or other local governmental entity or agency may impose and enforce income qualification, coordinated entry, reporting, and monitoring requirements on affordable housing developments as conditions of loans, grants, financial support, tax benefits, subsidy funds, or sale or lease of public property, or as conditions to eligibility for any affordable housing incentive program under RCW 36.70A.540 or any other program involving bonus density, transfer of development rights, waiver of development regulations or fees, or other development incentives.

(4)(a) A county or city may enter into a contract with a sponsor proposing transitional housing, permanent supportive housing, an indoor emergency shelter, or indoor emergency housing to establish additional and reasonable operational requirements pertaining to health and safety protocols.

(b) Legal consideration for a contract entered into under this subsection (4) on the part of the county or city must, at a minimum, include:

(i) A donation of real property or a long-term lease of land at least 50 years in length, to be used for the transitional housing, permanent supportive housing, indoor emergency shelter, or indoor emergency housing; or

(ii) A significant contribution from the general fund for capital or operating expenses to be mutually determined by both parties.

(c) A county or city that unilaterally withdraws from or modifies the consideration specified in (b) of this subsection (4) is in material breach of the contract and the operational requirements specified in the contract no longer apply to the transitional housing, permanent supportive housing, indoor emergency shelter, or indoor emergency housing.

(d) A county or city may not construe a sponsor's refusal to accept contract terms pertaining to the consideration specified in (b) of this subsection (4) as a failure to meet any of the requirements of other fund sources available for the capital or operational support, or of those otherwise allowed in RCW 35.21.683 or 35A.21.430 or 36.70A.845.

(e) Nothing in this subsection (4) requires a county or city to enter into a contract under this subsection (4).

(f) For purposes of this subsection (4), "emergency housing," "emergency shelter," "permanent supportive housing," and "transitional housing" have the same meanings as in RCW 36.70A.030.

Intent—Findings—Application—2026 c 232: See notes following RCW 36.70A.845.