WA zoning law changes will exempt some wealthier areas

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A Washington state bill recently passed by both houses of the legislature would remove zoning restrictions on certain types of multifamily properties, called “moderate housing,” in areas zoned for single-family housing. The changes to the restrictions come amid a statewide housing supply shortfall.

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However, neighborhoods with associations or other “common interest communities” with legally binding zoning regulations would be exempt. Seattle Times,

Specifically, the bill’s provisions state that zoning regulations already established by homeowners’ associations (HOAs) and other “common interest communities” cannot be replaced by the new bill once it becomes law.

“Declarations and governing documents of a common interest community within cities subject to median housing requirements […] may not actively or effectively prohibit the construction, development or use of additional housing units that are built after the effective date of this section,” the Bill says.

The term “common interest community” may apply to large planned developments or smaller housing subdivisions and associations accordingly. times,

What this essentially means is that many wealthier communities – particularly those in and around Seattle – will be exempt from the effects of the new law.

Lead bill sponsor Rep. Jessica Bateman (D) told the outlet that these communities already have zoning rules in place and are legally binding, and the legislature is limited in its ability to change those rules.

“We can’t go back and retroactively change the terms that were signed in those legal documents,” Bateman said.

Like many other areas of the country, Washington State is facing a housing shortage. A recent report published by the Washington State Office of Financial Management estimates that the state will need to build 1 million additional housing units by 2044 to meet the state’s housing needs.

Proponents of the bill have cited it as necessary to combat high housing costs in the Pacific Northwest, which has also led to an increase in homelessness that politicians have struggled to address.

In addition to building new mid-housing developments, the new bill is a potential boon for those looking to build accessory dwelling units (ADUs) on their existing properties. ADUs have seen an increase in demand in many areas of the country, including Washington State.

The “moderate housing” bill – HB 1110 – was passed in its final form on April 18 and signed by the leaders of the House and Senate on April 20. It was delivered to the desk of the government. Jay Inslee (D) the next day and is currently awaiting his signature.

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