title: RCW 43.185A.140

text:
(1) The department must use moneys from the housing trust fund and other legislative appropriations to finance in whole or in part any loan or grant projects that will provide affordable housing for persons and families with special housing needs and who are low-income households.
(2) 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.
(3) The department must prioritize allocating at least, but not limited to, 10 percent of these moneys used in any given funding cycle to organizations that serve and are substantially governed by individuals disproportionately impacted by homelessness, including black, indigenous, and other people of color and, lesbian, gay, bisexual, queer, transgender, and other gender-diverse individuals.
(4) 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) Preconstruction technical assistance, design and finance services and consultation, and administrative costs for eligible nonprofit community or neighborhood-based organizations;
(c) 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;
(d) Shelters for the homeless, including emergency shelters and overnight youth shelters;
(e) Down payment or closing costs assistance for low-income first-time homebuyers;
(f) Acquisition of housing units for the purpose of preservation as low-income housing;
(g) Projects making affordable housing projects more accessible to low-income households with members who have disabilities; and
(h) 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.
(5)(a) Legislative appropriations from capital bond proceeds may be used for the costs of projects authorized under subsection (4) of this section, except for costs of subsection (4)(c) of this section.
(b) The department may use up to three percent of the appropriations from capital bond proceeds or other new appropriations for affordable housing investments for administrative costs associated with application, distribution, and project development activities of the affordable housing program.
(c) Reappropriations must not be included in the calculation of the annual funds available for determining the administrative costs.
(6)(a) Moneys received from repayment of housing trust fund loans or other affordable housing appropriations may be used for all activities necessary for the proper functioning of the affordable housing program, including, but not limited to, providing preservation funding, as provided in RCW 43.185A.180, and preconstruction technical assistance as provided in RCW 43.185A.170.
(b) Administrative costs associated with compliance and monitoring activities of the department may not exceed four-tenths of one percent annually of the contracted amount of state investment in affordable housing programs.
[ 2023 c 275 s 3. Prior: 2021 c 332 s 7032; 2021 c 130 s 5; 2018 c 223 s 4; 2017 3rd sp.s. c 12 s 13; 2013 c 145 s 2; 2011 1st sp.s. c 50 s 953; 2006 c 371 s 236; prior: 2005 c 518 s 1801; 2005 c 219 s 1; 2002 c 294 s 6; 1994 c 160 s 1; 1991 c 356 s 4; 1986 c 298 s 6. Formerly RCW 43.185.050.]
Notes:
Effective date—2021 c 332: See note following RCW 43.19.501.
Findings—2018 c 223: See note following RCW 82.45.010.
Findings—Intent—Effective date—2017 3rd sp.s. c 12: See notes following RCW 43.31.565.
Effective dates—2011 1st sp.s. c 50: See note following RCW 15.76.115.
Effective date—2006 c 371: See note following RCW 27.34.330.
Effective date—2005 c 518: See note following RCW 28A.600.110.
Findings—2002 c 294: See note following RCW 36.18.010.

catchline: Use of moneys for loans and grant projects to provide affordable housing—Eligible activities.


doc_type: statute

jurisdiction: wa

title: RCW 43.185A.150

text:
(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 affordable housing program, the department must announce to all known interested parties, and on its website, a grant and loan application period of at least 60 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 43.185A.140.
(2) In awarding funds under this chapter, the department must:
(a) Provide for a geographic distribution on a statewide basis; and
(b) Consider the total cost and per-unit cost of each project for which an application is submitted for funding, as compared to similar housing projects constructed or renovated within the same geographic area.
(3) All projects and activities must be evaluated by some or all of the criteria under subsection (6) of this section, and similar projects and activities shall be evaluated under the same criteria.
(4) The department must use a separate application form for applications to provide homeownership opportunities and evaluate homeownership project applications as allowed under chapter 43.185A RCW.
(5) The department must collaborate with public entities that finance affordable housing, including the housing finance commission, cities, and counties, in conducting joint application reviews and coordinate funding decisions in a timely manner.
(6) 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 40 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 fulfill statutory mandates 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;
(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;
(o) The degree of funding that has already been committed to the project by nonstate entities;
(p) Projects that demonstrate a strong readiness to proceed to construction; and
(q) Projects that include a licensed early learning facility.
(7) Once the department has determined the prioritization of applications, the department must award funding projects at a sufficient level to complete the financing package necessary for an applicant to move forward with the affordable housing project.
(8) The department may not establish a maximum per-applicant award.
[ 2023 c 275 s 4; 2019 c 325 s 5013; 2015 c 155 s 2; (2015 c 155 s 1 expired April 1, 2016); 2014 c 225 s 62; 2013 c 145 s 3; 2012 c 235 s 1. Prior: 2005 c 518 s 1802; 2005 c 219 s 2; 1994 sp.s. c 3 s 9; prior: 1991 c 356 s 5; 1991 c 295 s 2; 1988 c 286 s 1; 1986 c 298 s 8. Formerly RCW 43.185.070.]
Notes:
Effective date—2019 c 325: See note following RCW 71.24.011.
Effective date—2015 c 155 s 2: "Section 2 of this act takes effect April 1, 2016." [ 2015 c 155 s 4.]
Expiration date—2015 c 155 s 1: "Section 1 of this act expires April 1, 2016." [ 2015 c 155 s 3.]
Effective date—2014 c 225: See note following RCW 71.24.016.
Effective date—2005 c 518: See note following RCW 28A.600.110.

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Notice of grant and loan application period—Priorities—Criteria for evaluation.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 43.185A.160

text:
The director shall designate grant and loan applications for approval and for funding under the revenue from remittances made pursuant to RCW 18.85.285.
[ 2023 c 275 s 5; 1987 c 513 s 11. Formerly RCW 43.185.074, 18.85.505.]
Notes:
Effective date—Severability—1987 c 513: See notes following RCW 18.85.285.

catchline: Remittances from real estate broker trust account interest—Grant and loan applications.


title: RCW 43.185A.170

text:
(1) The department may use moneys from the housing trust fund and other legislative appropriations, to provide preconstruction technical assistance to eligible recipients seeking to construct, rehabilitate, or finance housing-related services for very low and low-income persons. The department shall emphasize providing preconstruction technical assistance services to rural areas and small cities and towns, to nonprofits serving marginalized communities without a history of receiving housing trust fund or other affordable housing investments, and to other nonprofit community organizations led by and for black, indigenous, and persons of color. The department may contract with private and nonprofit organizations to provide this technical assistance. The department may contract for any of the following services:
(a) Financial planning and packaging for housing projects, including alternative ownership programs, such as limited equity partnerships and syndications;
(b) Project design, architectural planning, and siting;
(c) Compliance with planning requirements;
(d) Securing matching resources for project development;
(e) Maximizing local government contributions to project development in the form of land donations, infrastructure improvements, waivers of development fees, locally and state-managed funds, zoning variances, or creative local planning;
(f) Coordination with local planning, economic development, and environmental, social service, and recreational activities;
(g) Construction and materials management; and
(h) Project maintenance and management.
(2) The department shall publish requests for proposals which specify contract performance standards, award criteria, and contractor requirements. In evaluating proposals, the department shall consider the ability of the contractor to provide technical assistance to low and very low-income persons and to persons with special housing needs.
[ 2023 c 275 s 6; 1991 c 356 s 6; 1986 c 298 s 9. Formerly RCW 43.185.080.]

catchline: Preconstruction technical assistance.


title: RCW 43.185A.180

text:
(1) In order to maintain the long-term viability of affordable housing, using funding from the housing trust fund account established under RCW 43.185A.130 or from other legislative appropriations, the department may make competitive grant or loan awards to projects in need of major building improvements, preservation repairs, or system replacements.
(2) The department must solicit and review applications and evaluate projects based on the following criteria:
(a) The age of the property, with priority given to buildings that are more than 15 years old;
(b) The population served, with priority given to projects serving persons or families with the lowest incomes;
(c) The degree to which the applicant demonstrates that the improvements will result in a reduction of operating or utility costs, or both;
(d) The potential for additional years added to the affordability commitment period of the property; and
(e) Other criteria that the department considers necessary to achieve the purpose of the housing trust fund program.
(3) The department must require an award recipient to submit a property capital needs assessment, in a form acceptable to the department, prior to contract execution.
[ 2023 c 275 s 12.]

catchline: Grants and loans for major building improvements, preservation repairs, and system replacements.


title: RCW 43.185A.190

text:
(1) The department must report on its website on an annual basis, for each funding cycle:
(a) The number of homeownership and multifamily rental projects funded;
(b) The percentage of funding allocated to homeownership and multifamily rental projects; and
(c) For both homeownership and multifamily rental projects, the total number of households being served at up to 80 percent of the area median income, up to 50 percent of the area median income, and up to 30 percent of the area median income.
(2) All housing trust fund loan or grant recipients, except for those receiving preservation awards under RCW 43.185A.180, must provide certified final development cost reports to the department in a form acceptable to the department. The department must use the certified final development cost reports data as part of its cost containment policy and to report to the legislature. Beginning December 1, 2023, and continuing every odd-numbered year, the department must provide the appropriate committees of the legislature with a report of its final cost data for each project funded through the housing trust fund. Such cost data must, at a minimum, include:
(a) Total development cost per unit for each project completed within the past two complete fiscal years; and
(b) Descriptive statistics such as average and median per unit costs, regional cost variation, and other costs that the department deems necessary to improve cost controls and enhance understanding of development costs.
(3) The department must coordinate with the housing finance commission to identify relevant development costs data and ensure that the measures are consistent across relevant agencies.
[ 2023 c 275 s 13.]

catchline: Reports—Cost data.


title: RCW 43.185A.902

text:
If any part of this act is found to be in conflict with federal requirements which are a prescribed condition to the allocation of federal funds to the state, the conflicting part of this act is inoperative solely to the extent of the conflict and with respect to the agencies directly affected, and this finding does not affect the operation of the remainder of this act in its application to the agencies concerned. The rules under this act shall meet federal requirements which are a necessary condition to the receipt of federal funds by the state.
[ 1991 c 356 s 19.]

catchline: Conflict with federal requirements—1991 c 356.


title: RCW 43.185B.005

text:
(1) The legislature finds that:
(a) Housing is of vital statewide importance to the health, safety, and welfare of the residents of the state;
(b) Reducing homelessness and moving individuals and families toward stable, affordable housing is of vital statewide importance;
(c) Safe, affordable housing is an essential factor in stabilizing communities;
(d) Residents must have a choice of housing opportunities within the community where they choose to live;
(e) Housing markets are linked to a healthy economy and can contribute to the state's economy;
(f) Land supply is a major contributor to the cost of housing;
(g) Housing must be an integral component of any comprehensive community and economic development strategy;
(h) State and local government must continue working cooperatively toward the enhancement of increased housing units by reviewing, updating, and removing conflicting regulatory language;
(i) State and local government should work together in developing creative ways to reduce the shortage of housing;
(j) The lack of a coordinated state housing policy inhibits the effective delivery of housing for some of the state's most vulnerable citizens and those with limited incomes; and
(k) It is in the public interest to adopt a statement of housing policy objectives.
(2) The legislature declares that the purposes of the Washington housing policy act are to:
(a) Provide policy direction to the public and private sectors in their attempt to meet the shelter needs of Washington residents;
(b) Reevaluate housing and housing-related programs and policies in order to ensure proper coordination of those programs and policies to meet the housing needs of Washington residents;
(c) Improve the delivery of state services and assistance to very low-income and low-income households and special needs populations;
(d) Strengthen partnerships among all levels of government, and the public and private sectors, including for-profit and nonprofit organizations, in the production and operation of housing to targeted populations including low-income and moderate-income households;
(e) Increase the supply of housing for persons with special needs;
(f) Encourage collaborative planning with social service providers;
(g) Encourage financial institutions to increase residential mortgage lending; and
(h) Coordinate housing into comprehensive community and economic development strategies at the state and local level.
[ 2005 c 484 s 22; 1993 c 478 s 1.]
Notes:
Findings—Conflict with federal requirements—Effective date—2005 c 484: See RCW 43.185C.005, 43.185C.901, and 43.185C.902.
Persons with handicaps: RCW 35.63.220, 35A.63.240, 36.70.990, 36.70A.410.

catchline: Finding.


title: RCW 43.185B.007

text:
It is the goal of the state of Washington to coordinate, encourage, and direct, when necessary, the efforts of the public and private sectors of the state and to cooperate and participate, when necessary, in the attainment of a decent home in a healthy, safe environment for every resident of the state. The legislature declares that attainment of that goal is a state priority.
[ 1993 c 478 s 2.]

catchline: Goal.


title: RCW 43.185B.009

text:
The objectives of the Washington housing policy act shall be to attain the state's goal of a decent home in a healthy, safe environment for every resident of the state by strengthening public and private institutions that are able to:
(1) Develop an adequate and affordable supply of housing for all economic segments of the population, including the destitute;
(2) Identify and reduce the causal factors preventing the state from reaching its goal;
(3) Assist very low-income and special needs households who cannot obtain affordable, safe, and adequate housing in the private market;
(4) Encourage and maintain homeownership opportunities;
(5) Reduce life-cycle housing costs while preserving public health and safety;
(6) Preserve the supply of existing affordable housing;
(7) Provide housing for special needs populations;
(8) Ensure fair and equal access to the housing market;
(9) Increase the availability of mortgage credit at low interest rates; and
(10) Coordinate and be consistent with the goals, objectives, and required housing element of the comprehensive plan in the state's growth management act in RCW 36.70A.070.
[ 2005 c 484 s 23; 1993 c 478 s 3.]
Notes:
Findings—Conflict with federal requirements—Effective date—2005 c 484: See RCW 43.185C.005, 43.185C.901, and 43.185C.902.

catchline: Objectives.


title: RCW 43.185B.010

text:
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Affordable housing" means residential housing that is rented or owned by a person or household whose monthly housing costs, including utilities other than telephone, do not exceed thirty percent of the household's monthly income.
(2) "Department" means the department of commerce.
(3) "Director" means the director of commerce.
(4) "Nonprofit organization" means any public or private nonprofit organization that: (a) Is organized under federal, state, or local laws; (b) has no part of its net earnings inuring to the benefit of any member, founder, contributor, or individual; and (c) has among its purposes significant activities related to the provision of decent housing that is affordable to very low-income, low-income, or moderate-income households and special needs populations.
(5) "Regulatory barriers to affordable housing" and "regulatory barriers" mean any public policies (including those embodied in statutes, ordinances, regulations, or administrative procedures or processes) required to be identified by the state or local government in connection with its strategy under section 105(b)(4) of the Cranston-Gonzalez national affordable housing act (42 U.S.C. 12701 et seq.).
(6) "Tenant-based organization" means a nonprofit organization whose governing body includes a majority of members who reside in the housing development and are considered low-income households.
[ 2009 c 565 s 39; 1995 c 399 s 104; 1993 c 478 s 4.]

catchline: Definitions.


title: RCW 43.185B.020

text:
(1) The department shall establish the affordable housing advisory board to consist of 25 members.
(a) The following 22 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 of organizations that operate site-based permanent supportive housing and deliver on-site supportive housing services;
(xvi) One representative at large;
(xvii) One representative from a unit owners' association as defined in RCW 64.34.020 or 64.90.010; and
(xviii) One representative from an interlocal housing collaboration as established under chapter 39.34 RCW.
(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.
[ 2023 c 275 s 25. Prior: 2022 c 266 s 3; 2022 c 165 s 8; 2003 c 40 s 1; 1993 c 478 s 5.]
Notes:
Findings—Intent—2022 c 266: See note following RCW 43.330.425.
Findings—Intent—2022 c 165: See note following RCW 43.180.245.
PDF
RCW 43.185B.020
Affordable housing advisory board—Generally. (Effective January 1, 2028.)
(1) The department shall establish the affordable housing advisory board to consist of 25 members.
(a) The following 22 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 of organizations that operate site-based permanent supportive housing and deliver on-site supportive housing services;
(xvi) One representative at large;
(xvii) One representative from a unit owners association as defined in RCW 64.90.010; and
(xviii) One representative from an interlocal housing collaboration as established under chapter 39.34 RCW.
(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.
[ 2024 c 321 s 405; 2023 c 275 s 25. Prior: 2022 c 266 s 3; 2022 c 165 s 8; 2003 c 40 s 1; 1993 c 478 s 5.]
Notes:
Effective dates—2024 c 321 ss 319 and 401-432: See note following RCW 64.90.485.
Findings—Intent—2022 c 266: See note following RCW 43.330.425.
Findings—Intent—2022 c 165: See note following RCW 43.180.245.

catchline: Affordable housing advisory board—Generally. (Effective until January 1, 2028.)


title: RCW 43.185B.030

text:
The affordable housing advisory board shall:
(1) Analyze those solutions and programs that could begin to address the state's need for housing that is affordable for all economic segments of the state, and special needs populations, including but not limited to programs or proposals which provide for:
(a) Financing for the acquisition, rehabilitation, preservation, or construction of housing;
(b) Use of publicly owned land and buildings as sites for affordable housing;
(c) Coordination of state initiatives with federal initiatives and financing programs that are referenced in the Cranston-Gonzalez national affordable housing act (42 U.S.C. Sec. 12701 et seq.), as amended, and development of an approved housing strategy as required in the Cranston-Gonzalez national affordable housing act (42 U.S.C. Sec. 12701 et seq.), as amended;
(d) Identification and removal, where appropriate and not detrimental to the public health and safety, or environment, of state and local regulatory barriers to the development and placement of affordable housing;
(e) Stimulating public and private sector cooperation in the development of affordable housing; and
(f) Development of solutions and programs affecting housing, including the equitable geographic distribution of housing for all economic segments, as the advisory board deems necessary;
(2) Consider both homeownership and rental housing as viable options for the provision of housing. The advisory board shall give consideration to various types of residential construction and innovative housing options, including but not limited to manufactured housing;
(3) Review, evaluate, and make recommendations regarding existing and proposed housing programs and initiatives including but not limited to tax policies, land use policies, and financing programs. The advisory board shall provide recommendations to the director, along with the department's response in the annual housing report to the legislature required in RCW 43.185B.040; and
(4) Prepare and submit to the director, by each December 1st, beginning December 1, 1993, a report detailing its findings and make specific program, legislative, and funding recommendations and any other recommendations it deems appropriate.
[ 1993 c 478 s 6.]

catchline: Affordable housing advisory board—Duties.


title: RCW 43.185B.031

text:
(1) The affordable housing advisory board must review issues associated with the conversion of multifamily buildings to condominium ownership including, but not limited to:
(a) An assessment of the current housing market and affordability of condominium conversions, especially for first-time homebuyers;
(b) Statutory, regulatory, financial, or other barriers to condominium conversions as a viable source of housing supply for first-time homebuyers;
(c) Impacts to tenants caused by the conversion of multifamily buildings to condominium ownership, and the adequacy of programs and resources for tenant rental relocation and other assistance;
(d) Programs in other states using condominium ownership as a first-time homeownership opportunity, including those focused on employer-specific programs for teachers, police officers, firefighters, or other public service occupations in high-cost areas;
(e) Specific areas in counties subject to the buildable lands review and evaluation program in RCW 36.70A.215 where condominium conversion could provide first-time homebuyer opportunities in proximity to light rail, express bus service, or other forms of mass transit; and
(f) Concerns regarding condominium associations, particularly, accountability of condominium association boards, collection of fees, effective communication, representation regarding covenants, fairness in liens and foreclosures, and impartiality in insurance claims.
(2) The board must provide a report on its review to the appropriate standing committees of the legislature by December 1, 2022. In conducting its review, the board shall seek input from stakeholders with expertise in both the condominium conversion process and in providing tenant relocation programs and assistance.
[ 2022 c 165 s 7.]
Notes:
Findings—Intent—2022 c 165: See note following RCW 43.180.245.

catchline: Affordable housing advisory board—Review of condominium conversion issues—Report.


title: RCW 43.185B.033

text:
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.
[ 2019 c 325 s 5014; 2014 c 225 s 63; 1993 c 478 s 15; 1991 c 204 s 4; 1987 c 513 s 3. Formerly RCW 43.185.110.]
Notes:
Effective date—2019 c 325: See note following RCW 71.24.011.
Effective date—2014 c 225: See note following RCW 71.24.016.
Effective date—Severability—1987 c 513: See notes following RCW 18.85.285.

catchline: Affordable housing advisory board—State housing needs.


title: RCW 43.185B.040

text:
(1) The department shall, in consultation with the affordable housing advisory board created in RCW 43.185B.020, prepare and from time to time amend a five-year housing advisory plan. The purpose of the plan is to document the need for affordable housing in the state and the extent to which that need is being met through public and private sector programs, to facilitate planning to meet the affordable housing needs of the state, and to enable the development of sound strategies and programs for affordable housing. The information in the five-year housing advisory plan must include:
(a) An assessment of the state's housing market trends;
(b) An assessment of the housing needs for all economic segments of the state and special needs populations;
(c) An inventory of the supply and geographic distribution of affordable housing units made available through public and private sector programs;
(d) A status report on the degree of progress made by the public and private sector toward meeting the housing needs of the state;
(e) An identification of state and local regulatory barriers to affordable housing and proposed regulatory and administrative techniques designed to remove barriers to the development and placement of affordable housing; and
(f) Specific recommendations, policies, or proposals for meeting the affordable housing needs of the state.
(2)(a) The five-year housing advisory plan required under subsection (1) of this section must be submitted to the legislature on or before February 1, 1994, and subsequent plans must be submitted every five years thereafter.
(b) Each February 1st, beginning February 1, 1995, the department shall submit an annual progress report, to the legislature, detailing the extent to which the state's affordable housing needs were met during the preceding year and recommendations for meeting those needs.
[ 1993 c 478 s 12.]

catchline: Housing advisory plan—Report to legislature.


title: RCW 43.185B.900

text:
This chapter may be known and cited as the "Washington housing policy act."
[ 1993 c 478 s 24.]

catchline: Short title.


title: RCW 43.185C.005

text:
Despite laudable efforts by all levels of government, private individuals, nonprofit organizations, and charitable foundations to end homelessness, the number of homeless persons in Washington is unacceptably high. The state's homeless population, furthermore, includes a large number of families with children, youth, and employed persons. The legislature finds that the fiscal and societal costs of homelessness are high for both the public and private sectors, and that ending homelessness should be a goal for state and local government.
The legislature finds that there are many causes of homelessness, including a shortage of affordable housing; a shortage of family-wage jobs which undermines housing affordability; a lack of an accessible and affordable health care system available to all who suffer from physical and mental illnesses and chemical and alcohol dependency; domestic violence; and a lack of education and job skills necessary to acquire adequate wage jobs in the economy of the twenty-first century.
The support and commitment of all sectors of the statewide community is critical to the chances of success in ending homelessness in Washington. While the provision of housing and housing-related services to the homeless should be administered at the local level to best address specific community needs, the legislature also recognizes the need for the state to play a primary coordinating, supporting, and monitoring role. There must be a clear assignment of responsibilities and a clear statement of achievable and quantifiable goals. Systematic statewide data collection on homelessness in Washington must be a critical component of such a program enabling the state to work with local governments to count homeless persons and assist them in finding housing.
The systematic collection and rigorous evaluation of homeless data, a search for and implementation through adequate resource allocation of best practices, and the systematic measurement of progress toward interim goals and the ultimate goal of ending homelessness are all necessary components of a statewide effort to end homelessness in Washington by July 1, 2015.
[ 2005 c 484 s 1.]

catchline: Findings.


title: RCW 43.185C.010

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Administrator" means the individual who has the daily administrative responsibility of a crisis residential center.
(2) "Child in need of services petition" means a petition filed in juvenile court by a parent, child, or the department of children, youth, and families seeking adjudication of placement of the child.
(3) "Community action agency" means a nonprofit private or public organization established under the economic opportunity act of 1964.
(4) "Crisis residential center" means a secure or semi-secure facility established pursuant to chapter 74.13 RCW.
(5) "Department" means the department of commerce.
(6) "Director" means the director of the department of commerce.
(7) "Home security fund account" means the state treasury account receiving income from revenue under RCW 36.22.250(2)(c), and all other sources directed to the homeless housing and assistance program.
(8) "Homeless housing grant program" means the vehicle by which competitive grants are awarded by the department, utilizing moneys from the home security fund account, to local governments for programs directly related to housing homeless individuals and families, addressing the root causes of homelessness, preventing homelessness, collecting data on homeless individuals, and other efforts directly related to housing homeless persons.
(9) "Homeless housing plan" means the five-year plan developed by the county or other local government to address housing for homeless persons.
(10) "Homeless housing program" means the program authorized under this chapter as administered by the department at the state level and by the local government or its designated subcontractor at the local level.
(11) "Homeless housing strategic plan" means the five-year plan developed by the department, in consultation with the interagency council on homelessness, the affordable housing advisory board, and the state advisory council on homelessness.
(12) "Homeless person" means an individual living outside or in a building not meant for human habitation or which they have no legal right to occupy, in an emergency shelter, or in a temporary housing program which may include a transitional and supportive housing program if habitation time limits exist. This definition includes substance abusers, people with mental illness, and sex offenders who are homeless.
(13) "HOPE center" means an agency licensed by the secretary of the department of children, youth, and families to provide temporary residential placement and other services to street youth. A street youth may remain in a HOPE center for 90 days while services are arranged and permanent placement is coordinated. No street youth may stay longer than 90 days unless approved by the department and any additional days approved by the department must be based on the unavailability of a long-term placement option. A street youth whose parent wants him or her returned to home may remain in a HOPE center until his or her parent arranges return of the youth, not longer. All other street youth must have court approval under chapter 13.34 or 13.32A RCW to remain in a HOPE center up to 90 days.
(14) "Housing authority" means any of the public corporations created by chapter 35.82 RCW.
(15) "Housing continuum" means the progression of individuals along a housing-focused continuum with homelessness at one end and homeownership at the other.
(16) "Interagency council on homelessness" means a committee appointed by the governor and consisting of, at least, policy level representatives of the following entities: (a) The department of commerce; (b) the department of corrections; (c) the department of children, youth, and families; (d) the department of veterans affairs; and (e) the department of health.
(17) "Local government" means a county government in the state of Washington or a city government, if the legislative authority of the city affirmatively elects to accept the responsibility for housing homeless persons within its borders.
(18) "Local homeless housing task force" means a voluntary local committee created to advise a local government on the creation of a local homeless housing plan and participate in a local homeless housing program. It must include a representative of the county, a representative of the largest city located within the county, at least one homeless or formerly homeless person, such other members as may be required to maintain eligibility for federal funding related to housing programs and services and if feasible, a representative of a private nonprofit organization with experience in low-income housing.
(19) "Long-term private or public housing" means subsidized and unsubsidized rental or owner-occupied housing in which there is no established time limit for habitation of less than two years.
(20) "Performance measurement" means the process of comparing specific measures of success against ultimate and interim goals.
(21) "Secure facility" means a crisis residential center, or portion thereof, that has locking doors, locking windows, or a secured perimeter, designed and operated to prevent a child from leaving without permission of the facility staff.
(22) "Semi-secure facility" means any facility including, but not limited to, crisis residential centers or specialized foster family homes, operated in a manner to reasonably assure that youth placed there will not run away. Pursuant to rules established by the facility administrator, the facility administrator shall establish reasonable hours for residents to come and go from the facility such that no residents are free to come and go at all hours of the day and night. To prevent residents from taking unreasonable actions, the facility administrator, where appropriate, may condition a resident's leaving the facility upon the resident being accompanied by the administrator or the administrator's designee and the resident may be required to notify the administrator or the administrator's designee of any intent to leave, his or her intended destination, and the probable time of his or her return to the center.
(23) "Staff secure facility" means a structured group care facility licensed under rules adopted by the department of children, youth, and families with a ratio of at least one adult staff member to every two children.
(24) "Street outreach services" means a program that provides services and resources either directly or through referral to street youth and unaccompanied young adults as defined in RCW 43.330.702. Services including crisis intervention, emergency supplies, case management, and referrals may be provided through community-based outreach or drop-in centers.
(25) "Washington homeless census" means an annual statewide census conducted as a collaborative effort by towns, cities, counties, community-based organizations, and state agencies, with the technical support and coordination of the department, to count and collect data on all homeless individuals in Washington.
(26) "Washington homeless client management information system" means a database of information about homeless individuals in the state used to coordinate resources to assist homeless clients to obtain and retain housing and reach greater levels of self-sufficiency or economic independence when appropriate, depending upon their individual situations.
[ 2023 c 277 s 2; 2023 c 151 s 3; 2019 c 124 s 2; 2018 c 85 s 8; 2017 c 277 s 2; 2015 c 69 s 10. Prior: 2009 c 565 s 40; 2007 c 427 s 3; 2006 c 349 s 6; 2005 c 484 s 3.]
Notes:
Reviser's note: This section was amended by 2023 c 151 s 3 and by 2023 c 277 s 2, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Intent—Short title—2018 c 85: See notes following RCW 43.185C.045.
Short title—2015 c 69: See RCW 43.330.911.
Finding—2006 c 349: "The legislature finds that Washington is experiencing an affordable housing crisis and that this crisis is growing exponentially every year as the population of the state expands and housing values increase at a rate that far exceeds most households' proportionate increase in income.
The fiscal and societal costs of the lack of adequate affordable housing are high for both the public and private sectors. Current levels of funding for affordable housing programs are inadequate to meet the housing needs of many low-income Washington households." [ 2006 c 349 s 1.]


title: RCW 43.185C.020

text:
There is created within the department the homeless housing program to develop and coordinate a statewide strategic plan aimed at housing homeless persons. The program shall be developed and administered by the department with advice and input from the affordable housing advisory board established in RCW 43.185B.020.
[ 2005 c 484 s 5.]

catchline: Homeless housing program.


title: RCW 43.185C.030

text:
(1) The department shall conduct a Washington homeless census or count consistent with the requirements of RCW 43.185C.180. The department shall determine, in consultation with local governments, the data to be collected.
(2) All personal information collected in the census is confidential, and the department and each local government shall take all necessary steps to protect the identity and confidentiality of each person counted.
(3) The department and each local government are prohibited from disclosing any personally identifying information about any homeless individual when there is reason to believe or evidence indicating that the homeless individual is an adult or minor victim of domestic violence, dating violence, sexual assault, or stalking or is the parent or guardian of a child victim of domestic violence, dating violence, sexual assault, or stalking; or revealing other confidential information regarding HIV/AIDS status, as found in RCW 70.02.220. The department and each local government shall not ask any homeless housing provider to disclose personally identifying information about any homeless individuals when the providers implementing those programs have reason to believe or evidence indicating that those clients are adult or minor victims of domestic violence, dating violence, sexual assault, or stalking or are the parents or guardians of child victims of domestic violence, dating violence, sexual assault, or stalking. Summary data for the provider's facility or program may be substituted.
(4) The Washington homeless census shall be conducted on a schedule created by the department. The department shall make summary data by county available to the public each year. This data, and its analysis, shall be included in the department's annual updated homeless housing program strategic plan.
[ 2025 c 160 s 1; 2018 c 85 s 3; 2013 c 200 s 25; 2005 c 484 s 6.]
Notes:
Intent—Short title—2018 c 85: See notes following RCW 43.185C.045.
Effective date—2013 c 200: See note following RCW 70.02.010.

catchline: Washington homeless census or count—Confidentiality.


title: RCW 43.185C.040

text:
(1) The department shall, in consultation with the interagency council on homelessness, the affordable housing advisory board, and the state advisory council on homelessness, prepare and publish a five-year homeless housing strategic plan which must outline statewide goals and performance measures. The state homeless housing strategic plan must be submitted to the legislature by July 1, 2019, and every five years thereafter. The plan must include:
(a) Performance measures and goals to reduce homelessness, including long-term and short-term goals;
(b) An analysis of the services and programs being offered at the state and county level and an identification of those representing best practices and outcomes;
(c) Recognition of services and programs targeted to certain homeless populations or geographic areas in recognition of the diverse needs across the state;
(d) New or innovative funding, program, or service strategies to pursue;
(e) An analysis of either current drivers of homelessness or improvements to housing security, or both, such as increases and reductions to employment opportunities, housing scarcity and affordability, health and behavioral health services, chemical dependency treatment, and incarceration rates; and
(f) An implementation strategy outlining the roles and responsibilities at the state and local level and timelines to achieve a reduction in homelessness at the statewide level during periods of the five-year homeless housing strategic plan.
(2) The department must coordinate its efforts on the state homeless housing strategic plan with the office of homeless youth prevention and protection programs advisory committee under RCW 43.330.705. The state homeless housing strategic plan must not conflict with the strategies, planning, data collection, and performance and outcome measures developed under RCW 43.330.705 and 43.330.706 to reduce the state's homeless youth population.
(3) To guide local governments in preparation of local homeless housing plans due December 1, 2019, the department shall issue by December 1, 2018, guidelines consistent with this chapter and including the best available data on each community's homeless population. Program outcomes, performance measures, and goals must be created by the department in collaboration with local governments against which state and local governments' performance will be measured.
(4) The department shall develop a consistent statewide data gathering instrument to monitor the performance of cities and counties receiving grants in order to determine compliance with the terms and conditions set forth in the grant application or required by the department.
The department shall, in consultation with the interagency council on homelessness and the affordable housing advisory board, report biennially to the governor and the appropriate committees of the legislature an assessment of the state's performance in furthering the goals of the state five-year homeless housing strategic plan and the performance of each participating local government in creating and executing a local homeless housing plan which meets the requirements of this chapter. To increase the effectiveness of the report, the department must develop a process to ensure consistent presentation, analysis, and explanation in the report, including year-to-year comparisons, highlights of program successes and challenges, and information that supports recommended strategy or operational changes. The report may include performance measures such as:
(a) The reduction in the number of homeless individuals and families from the initial count of homeless persons;
(b) The reduction in the number of unaccompanied homeless youth. "Unaccompanied homeless youth" has the same meaning as in RCW 43.330.702;
(c) The number of new units available and affordable for homeless families by housing type;
(d) The number of homeless individuals identified who are not offered suitable housing within thirty days of their request or identification as homeless;
(e) The number of households at risk of losing housing who maintain it due to a preventive intervention;
(f) The transition time from homelessness to permanent housing;
(g) The cost per person housed at each level of the housing continuum;
(h) The ability to successfully collect data and report performance;
(i) The extent of collaboration and coordination among public bodies, as well as community stakeholders, and the level of community support and participation;
(j) The quality and safety of housing provided; and
(k) The effectiveness of outreach to homeless persons, and their satisfaction with the program.
[ 2018 c 85 s 4; 2017 3rd sp.s. c 15 s 2; 2015 c 69 s 25; 2009 c 518 s 17; 2005 c 484 s 7.]
Notes:
Intent—Short title—2018 c 85: See notes following RCW 43.185C.045.
Findings—2017 3rd sp.s. c 15: "The legislature finds that a surcharge on documents recorded for the sale or transfer of real property have generated approximately one hundred forty million dollars for homeless programs in Washington. The legislature further finds that according to a third-party audit of the use of surcharge funds, additional performance measures are needed to effectively measure the success of the state's homeless programs. Therefore, the legislature finds that developing and adopting recommendations to improve performance measures contained in the December 5, 2016, report required under *RCW 43.185C.240(1)(e) will help ensure accountability and transparency of public funds and their effectiveness in reducing homelessness in Washington." [ 2017 3rd sp.s. c 15 s 1.]
*Reviser's note: RCW 43.185C.240 expired June 30, 2019.
Short title—2015 c 69: See RCW 43.330.911.

catchline: Homeless housing strategic plan—Program outcomes and performance measures and goals—Coordination—Statewide data gathering instrument—Reports.


title: RCW 43.185C.045

text:
(1) By December 1st of each year, the department must provide an update on the state's homeless housing strategic plan and its activities for the prior fiscal year. The report must include, but not be limited to, the following information:
(a) An assessment of the current condition of homelessness in Washington state and the state's performance in meeting the goals in the state homeless housing strategic plan;
(b) A report on the results of the annual homeless point-in-time census conducted statewide under RCW 43.185C.030;
(c) The amount of federal, state, local, and private funds spent on homelessness assistance, categorized by funding source and the following major assistance types:
(i) Emergency shelter;
(ii) Homelessness prevention and rapid rehousing;
(iii) Permanent housing;
(iv) Permanent supportive housing;
(v) Transitional housing;
(vi) Services only; and
(vii) Any other activity in which more than five hundred thousand dollars of category funds were expended;
(d) A report on the expenditures, performance, and outcomes of state funds distributed through the consolidated homeless grant program, including the grant recipient, award amount expended, use of the funds, counties served, and households served;
(e) A report on state and local homelessness document recording fee expenditure by county, including the total amount of fee spending, percentage of total spending from fees, and number of people served by major assistance type;
(f) A report on the expenditures, performance, and outcomes of the essential needs and housing support program meeting the requirements of RCW 43.185C.220;
(g) A report on the expenditures, performance, and outcomes of the independent youth housing program meeting the requirements of RCW 43.63A.311;
(h) A county-level report on the expenditures, performance, and outcomes of the eviction prevention rental assistance program under RCW 43.185C.185. The report must include, but is not limited to:
(i) The number of adults without minor children served in each county;
(ii) The number of households with adults and minor children served in each county; and
(iii) The number of unaccompanied youth and young adults who are being served in each county; and
(i) A county-level report on the expenditures, performance, and outcomes of the rapid rehousing, project-based vouchers, and housing acquisition programs under RCW 36.22.250. The report must include, but is not limited to:
(i) The number of persons who are unsheltered receiving shelter through a project-based voucher in each county;
(ii) The number of units acquired or built via rapid rehousing and housing acquisition in each county; and
(iii) The number of adults without minor children, households with adults and minor children, unaccompanied youth, and young adults who are being served by the programs under RCW 36.22.250 in each county.
(2) The report required in subsection (1) of this section must be posted to the department's website and may include links to updated or revised information contained in the report.
(3) Any local government receiving state funds for homelessness assistance or state or local homelessness document recording fees under RCW 36.22.250 must provide an annual report on the current condition of homelessness in its jurisdiction, its performance in meeting the goals in its local homeless housing plan, and any significant changes made to the plan. The annual report must be posted on the department's website. Along with each local government annual report, the department must produce and post information on the local government's homelessness spending from all sources by project during the prior state fiscal year in a format similar to the department's report under subsection (1)(c) of this section. If a local government fails to report or provides an inadequate or incomplete report, the department must take corrective action, which may include withholding state funding for homelessness assistance to the local government to enable the department to use such funds to contract with other public or nonprofit entities to provide homelessness assistance within the jurisdiction.
[ 2023 c 277 s 3; 2021 c 214 s 3; 2018 c 85 s 9.]
Notes:
Findings—Intent—Department of commerce and William D. Ruckelshaus center examination of homelessness—Reports—2021 c 214: See note following RCW 43.185C.185.
Intent—2018 c 85: "The legislature recognizes that all of the people of the state should have the opportunity to live in a safe, healthy, and affordable home. The legislature further recognizes that homelessness in Washington is unacceptable and that action needs to be taken to protect vulnerable households including families with children, youth and young adults, veterans, seniors, and people at high risk of homelessness, including survivors of domestic violence and people living with mental illness and other disabilities.
The legislature recognizes that homelessness has immediate and often times long-term consequences on the educational achievement of public school children and disproportionately impacts students of color. Additionally, the legislature recognizes that the health and safety of people experiencing homelessness is immediately and oftentimes significantly compromised, and that homelessness exacerbates physical and behavioral health disabilities. The legislature further recognizes that homelessness is disproportionately experienced by people of color and LGBTQ youth and young adults. The legislature recognizes that homelessness is also disproportionately experienced by people living with mental illness and that homelessness is an impediment to treatment. The legislature further recognizes that homelessness is disproportionately experienced by Native Americans.
In 2005, the Washington state legislature passed the homeless housing and assistance act that outlined several bold policies to address homelessness. That act also required a strategic plan by the department of commerce, which was first submitted in 2006 and subsequently updated. Since the first statewide plan, the state has succeeded in housing over five hundred fifty-six thousand people experiencing homelessness. These people were previously living in places not meant for human habitation, living in emergency shelters, or at imminent risk of becoming homeless. Although the overall prevalence of homelessness is down more than seventeen percent, the recent increase in homelessness, due in large part to surging housing costs, remains a crisis and more must be done.
Therefore, the legislature intends to improve resources available to aid with increasing access and removing barriers to housing for individuals and families in Washington." [ 2018 c 85 s 1.]
Short title—2018 c 85: "This act may be known and cited as the Washington housing opportunities act." [ 2018 c 85 s 11.]

catchline: Homeless housing strategic plan—Annual report of department and local governments.


title: RCW 43.185C.050

text:
(1) Each local homeless housing task force shall prepare and recommend to its local government legislative authority a five-year homeless housing plan for its jurisdictional area, which shall be not inconsistent with the department's statewide guidelines issued by December 1, 2018, and thereafter the department's five-year homeless housing strategic plan, and which shall be aimed at eliminating homelessness. The local government may amend the proposed local plan and shall adopt a plan by December 1, 2019. Performance in meeting the goals of this local plan shall be assessed annually in terms of the performance measures published by the department. Local plans may include specific local performance measures adopted by the local government legislative authority, and may include recommendations for any state legislation needed to meet the state or local plan goals.
(2) Eligible activities under the local plans include:
(a) Rental and furnishing of dwelling units for the use of homeless persons;
(b) Costs of developing affordable housing for homeless persons, and services for formerly homeless individuals and families residing in transitional housing or permanent housing and still at risk of homelessness;
(c) Operating subsidies for transitional housing or permanent housing serving formerly homeless families or individuals;
(d) Services to prevent homelessness, such as emergency eviction prevention programs including temporary rental subsidies to prevent homelessness;
(e) Temporary services to assist persons leaving state institutions and other state programs to prevent them from becoming or remaining homeless;
(f) Outreach services for homeless individuals and families;
(g) Development and management of local homeless plans including homeless census data collection; identification of goals, performance measures, strategies, and costs and evaluation of progress towards established goals;
(h) Rental vouchers payable to landlords for persons who are homeless or below thirty percent of the median income or in immediate danger of becoming homeless; and
(i) Other activities to reduce and prevent homelessness as identified for funding in the local plan.
[ 2018 c 85 s 5; 2005 c 484 s 8.]
Notes:
Intent—Short title—2018 c 85: See notes following RCW 43.185C.045.

catchline: Local homeless housing plans.


title: RCW 43.185C.060

text:
(1) The home security fund account is created in the state treasury, subject to appropriation. Expenditures from the account may be used only for programs as described in this chapter.
(2)(a) By December 15, 2021, the department, in consultation with stakeholder groups specified in RCW 43.185C.185(2)(c), must create a set of performance metrics for each county receiving funding under RCW 36.22.250(4)(b). The metrics must target actions within a county's control that will prevent and reduce homelessness, such as increasing the number of permanent supportive housing units and increasing or maintaining an adequate number of noncongregate shelter beds.
(b)(i) Beginning July 1, 2023, and by July 1st every two years thereafter, the department must award funds under RCW 36.22.250(4)(b) to eligible grantees in a manner that 7 [seven] percent of funding is distributed as a performance-based allocation based on performance metrics created under (a) of this subsection, in addition to any base allocation of funding for the county.
(ii) Any county that demonstrates that it has met or exceeded the majority of the target actions to prevent and reduce homelessness over the previous two years must receive the remaining 15 percent performance-based allocation. Any county that fails to meet or exceed the majority of target actions to prevent and reduce homelessness must enter into a corrective action plan with the department. To receive its performance-based allocation, a county must agree to undertake the corrective actions outlined in the corrective action plan and any reporting and monitoring deemed necessary by the department. Any county that fails to meet or exceed the majority of targets for two consecutive years after entering into a corrective action plan may be subject to a reduction in the performance-based portion of the funds received in (b)(i) of this subsection, at the discretion of the department in consultation with stakeholder groups specified in RCW 43.185C.185(2)(c). Performance-based allocations unspent due to lack of compliance with a corrective action plan created under this subsection (2)(b) may be distributed to other counties that have met or exceeded their target actions.
(3) The department must distinguish allotments from the account made to carry out the activities in RCW 43.330.167, 43.330.700 through 43.330.715, 43.330.911, 43.185C.010, and 43.185C.250 through 43.185C.320.
(4) During the 2019-2021 and 2021-2023 fiscal biennia, expenditures from the account may also be used for shelter capacity grants.
[ 2023 c 277 s 4. Prior: 2021 c 334 s 980; 2021 c 214 s 4; 2020 c 357 s 915; 2018 c 85 s 6; 2014 c 200 s 2; 2007 c 427 s 6; 2005 c 484 s 10.]
Notes:
Conflict with federal requirements—Effective date—2021 c 334: See notes following RCW 43.79.555.
Findings—Intent—Department of commerce and William D. Ruckelshaus center examination of homelessness—Reports—2021 c 214: See note following RCW 43.185C.185.
Effective date—2020 c 357: See note following RCW 43.79.545.
Intent—Short title—2018 c 85: See notes following RCW 43.185C.045.

catchline: Home security fund account—Performance metrics—Expenditure review.


title: RCW 43.185C.070

text:
(1) During each calendar year in which moneys from the home security fund account are available for use by the department for the homeless housing grant program, the department shall announce to all Washington counties, participating cities, and through major media throughout the state, a grant application period of at least ninety days' duration. This announcement will be made as often as the director deems appropriate for proper utilization of resources. The department shall then promptly grant as many applications as will utilize available funds, less appropriate administrative costs of the department as described in RCW 36.22.250(4)(a).
(2) The department will develop, with advice and input from the affordable housing advisory board established in RCW 43.185B.020, criteria to evaluate grant applications.
(3) The department may approve applications only if they are consistent with the local and state homeless housing program strategic plans. The department may give preference to applications based on some or all of the following criteria:
(a) The total homeless population in the applicant local government service area, as reported by the most recent annual Washington homeless census;
(b) Current local expenditures to provide housing for the homeless and to address the underlying causes of homelessness as described in RCW 43.185C.005;
(c) Local government and private contributions pledged to the program in the form of matching funds, property, infrastructure improvements, and other contributions; and the degree of leveraging of other funds from local government or private sources for the program for which funds are being requested, to include 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) Construction projects or rehabilitation that will serve homeless individuals or families for a period of at least twenty-five years;
(e) Projects which demonstrate serving homeless populations with the greatest needs, including projects that serve special needs populations;
(f) The degree to which the applicant project represents a collaboration between local governments, nonprofit community-based organizations, local and state agencies, and the private sector, especially through its integration with the coordinated and comprehensive plan for homeless families with children required under RCW 43.63A.650;
(g) The cooperation of the local government in the annual Washington homeless census project;
(h) The commitment of the local government and any subcontracting local governments, nonprofit organizations, and for-profit entities to employ a diverse workforce;
(i) The extent, if any, that the local homeless population is disproportionate to the revenues collected under this chapter and RCW 36.22.250; and
(j) Other elements shown by the applicant to be directly related to the goal and the department's state strategic plan.
[ 2023 c 277 s 5; 2005 c 484 s 11.]

catchline: Grant applications.


title: RCW 43.185C.080

text:
(1) Only a local government is eligible to receive a homeless housing grant from the home security fund account. Any city may assert responsibility for homeless housing within its borders if it so chooses, by forwarding a resolution to the legislative authority of the county stating its intention and its commitment to operate a separate homeless housing program. The city shall then receive a percentage of the surcharge assessed under RCW 36.22.250(2)(b) equal to the percentage of the city's local portion of the real estate excise tax collected by the county. A participating city may also then apply separately for homeless housing program grants. A city choosing to operate a separate homeless housing program shall be responsible for complying with all of the same requirements as counties and shall adopt a local homeless housing plan meeting the requirements of this chapter for county local plans. However, the city may by resolution of its legislative authority accept the county's homeless housing task force as its own and based on that task force's recommendations adopt a homeless housing plan specific to the city.
(2) Local governments applying for homeless housing funds may subcontract with any other local government, housing authority, community action agency or other nonprofit organization for the execution of programs contributing to the overall goal of ending homelessness within a defined service area. All subcontracts shall be consistent with the local homeless housing plan adopted by the legislative authority of the local government, time limited, and filed with the department and shall have specific performance terms. While a local government has the authority to subcontract with other entities, the local government continues to maintain the ultimate responsibility for the homeless housing program within its borders.
(3) A county may decline to participate in the program authorized in this chapter by forwarding to the department a resolution adopted by the county legislative authority stating the intention not to participate. A copy of the resolution shall also be transmitted to the county auditor and treasurer. If such a resolution is adopted, all of the funds otherwise due to the county under RCW 43.185C.060 shall be remitted monthly to the state treasurer for deposit in the home security fund account, without any reduction by the county for collecting or administering the funds. Upon receipt of the resolution, the department shall promptly begin to identify and contract with one or more entities eligible under this section to create and execute a local homeless housing plan for the county meeting the requirements of this chapter. The department shall expend all of the funds received from the county under this subsection to carry out the purposes of chapter 484, Laws of 2005 in the county, provided that the department may retain six percent of these funds to offset the cost of managing the county's program.
(4) A resolution by the county declining to participate in the program shall have no effect on the ability of each city in the county to assert its right to manage its own program under this chapter, and the county shall monthly transmit to the city the funds due under this chapter.
[ 2023 c 277 s 6; 2005 c 484 s 12.]

catchline: Homeless housing grants—Participation.


title: RCW 43.185C.090

text:
The department shall allocate grant moneys from the *homeless housing account to finance in whole or in part programs and projects in approved local homeless housing plans to assist homeless individuals and families gain access to adequate housing, prevent at-risk individuals from becoming homeless, address the root causes of homelessness, track and report on homeless-related data, and facilitate the movement of homeless or formerly homeless individuals along the housing continuum toward more stable and independent housing. The department may issue criteria or guidelines to guide local governments in the application process.
[ 2005 c 484 s 13.]
Notes:
*Reviser's note: The "homeless housing account" was changed to the "home security fund account" by 2007 c 427 s 6.

catchline: Allocation of grant moneys—Issuance of criteria or guidelines.


title: RCW 43.185C.100

text:
The department shall provide technical assistance to any participating local government that requests such assistance. Technical assistance activities may include:
(1) Assisting local governments to identify appropriate parties to participate on local homeless housing task forces;
(2) Assisting local governments to identify appropriate service providers with which the local governments may subcontract for service provision and development activities, when necessary;
(3) Assisting local governments to implement or expand homeless census programs to meet homeless housing program requirements;
(4) Assisting in the identification of "best practices" from other areas;
(5) Assisting in identifying additional funding sources for specific projects; and
(6) Training local government and subcontractor staff.
[ 2005 c 484 s 14.]

catchline: Technical assistance.


title: RCW 43.185C.110

text:
The department shall establish a uniform process for participating local governments to report progress toward reducing homelessness and meeting locally established goals.
[ 2005 c 484 s 15.]

catchline: Progress reports—Uniform process.


title: RCW 43.185C.120

text:
The department may adopt such rules as may be necessary to effect the purposes of this chapter.
[ 2005 c 484 s 16.]

catchline: Rules.


title: RCW 43.185C.130

text:
The department shall ensure that the state's interest is protected upon the development, use, sale, or change of use of projects constructed, acquired, or financed in whole or in part through the homeless housing grant program. These policies may include, but are not limited to: (1) Requiring a share of the appreciation in the project in proportion to the state's contribution to the project, or (2) requiring a lump sum repayment of the grant upon the sale or change of use of the project.
[ 2005 c 484 s 17.]

catchline: Protection of state's interest in grant program projects.


title: RCW 43.185C.140

text:
The department of social and health services shall exempt payments to individuals provided under this chapter when determining eligibility for public assistance.
[ 2005 c 484 s 20.]

catchline: Public assistance eligibility—Payments exempt.


title: RCW 43.185C.150

text:
This chapter does not require either the department or any local government to expend any funds to accomplish the goals of this chapter other than the revenues authorized in chapter 484, Laws of 2005. However, neither the department nor any local government may use any funds authorized in chapter 484, Laws of 2005 to supplant or reduce any existing expenditures of public money for the reduction or prevention of homelessness or services for homeless persons.
[ 2005 c 484 s 21.]

catchline: Expenditures within authorized funds—Existing expenditures not reduced or supplanted.


title: RCW 43.185C.160

text:
(1) Each county shall create a homeless housing task force to develop a five-year homeless housing plan addressing short-term and long-term housing for homeless persons.
Membership on the task force may include representatives of the counties, cities, towns, housing authorities, civic and faith organizations, schools, community networks, human services providers, law enforcement personnel, criminal justice personnel, including prosecutors, probation officers, and jail administrators, substance abuse treatment providers, mental health care providers, emergency health care providers, businesses, real estate professionals, at large representatives of the community, and a homeless or formerly homeless individual.
In lieu of creating a new task force, a local government may designate an existing governmental or nonprofit body which substantially conforms to this section and which includes at least one homeless or formerly homeless individual to serve as its homeless representative. As an alternative to a separate plan, two or more local governments may work in concert to develop and execute a joint homeless housing plan, or to contract with another entity to do so according to the requirements of this chapter. While a local government has the authority to subcontract with other entities, the local government continues to maintain the ultimate responsibility for the homeless housing program within its borders.
A county may decline to participate in the program authorized in this chapter by forwarding to the department a resolution adopted by the county legislative authority stating the intention not to participate. A copy of the resolution shall also be transmitted to the county auditor and treasurer. If a county declines to participate, the department shall create and execute a local homeless housing plan for the county meeting the requirements of this chapter.
(2) In addition to developing a five-year homeless housing plan, each task force shall establish guidelines consistent with the statewide homeless housing strategic plan, as needed, for the following:
(a) Emergency shelters;
(b) Short-term housing needs;
(c) Temporary encampments;
(d) Supportive housing for chronically homeless persons; and
(e) Long-term housing.
Guidelines must include, when appropriate, standards for health and safety and notifying the public of proposed facilities to house the homeless.
(3) Each county, including counties exempted from creating a new task force under subsection (1) of this section, shall report to the department such information as may be needed to ensure compliance with this chapter, including the annual report required in RCW 43.185C.045.
[ 2018 c 85 s 7; 2005 c 485 s 1.]
Notes:
Intent—Short title—2018 c 85: See notes following RCW 43.185C.045.

catchline: County homeless housing task forces—Homeless housing plans—Reports by counties.


title: RCW 43.185C.170

text:
(1) The interagency council on homelessness, as defined in RCW 43.185C.010, shall be convened not later than August 31, 2006, and shall meet at least two times each year and report to the appropriate committees of the legislature annually by December 31st on its activities.
(2) The interagency council on homelessness shall work to create greater levels of interagency coordination and to coordinate state agency efforts with the efforts of state and local entities addressing homelessness.
(3) The interagency council shall seek to:
(a) Align homeless-related housing and supportive service policies among state agencies;
(b) Identify ways in which providing housing with appropriate services can contribute to cost savings for state agencies;
(c) Identify policies and actions that may contribute to homelessness or interfere with its reduction;
(d) Review and improve strategies for discharge from state institutions that contribute to homelessness;
(e) Recommend policies to either improve practices or align resources, or both, including those policies requested by the affordable housing advisory board or through state and local housing plans; and
(f) Ensure that the housing status of people served by state programs is collected in consistent formats available for analysis.
[ 2006 c 349 s 7.]
Notes:
Finding—2006 c 349: See note following RCW 43.185C.010.

catchline: Interagency council on homelessness—Duties—Reports.


title: RCW 43.185C.180

text:
(1) In order to improve services for the homeless, the department, within amounts appropriated by the legislature for this specific purpose, shall implement the Washington homeless client management information system for the ongoing collection and updates of information about all homeless individuals in the state.
(2) Information about homeless individuals for the Washington homeless client management information system shall come from the Washington homeless census and from state agencies and community organizations providing services to homeless individuals and families.
(a) Personally identifying information about homeless individuals for the Washington homeless client management information system may only be collected after having obtained informed, reasonably time limited (i) written consent from the homeless individual to whom the information relates, or (ii) telephonic consent from the homeless individual, provided that written consent is obtained at the first time the individual is physically present at an organization with access to the Washington homeless client management information system. Safeguards consistent with federal requirements on data collection must be in place to protect homeless individuals' rights regarding their personally identifying information.
(b) Data collection under this subsection shall be done in a manner consistent with federally informed consent guidelines regarding human research which, at a minimum, require that individuals receive:
(i) Information about the expected duration of their participation in the Washington homeless client management information system;
(ii) An explanation of whom to contact for answers to pertinent questions about the data collection and their rights regarding their personal identifying information;
(iii) An explanation regarding whom to contact in the event of injury to the individual related to the Washington homeless client management information system;
(iv) A description of any reasonably foreseeable risks to the homeless individual; and
(v) A statement describing the extent to which confidentiality of records identifying the individual will be maintained.
(c) The department must adopt policies governing the appropriate process for destroying Washington homeless client management information system paper documents containing personally identifying information when the paper documents are no longer needed. The policies must not conflict with any federal data requirements.
(d) Any unaccompanied youth thirteen years of age or older may give consent for the collection of his or her personally identifying information under this section. "Unaccompanied" has the same definition as in RCW 43.330.702.
(3) The Washington homeless client management information system shall serve as an online information and referral system to enable local governments and providers to connect homeless persons in the database with available housing and other support services. Local governments shall develop a capacity for continuous case management, including independent living plans, when appropriate, to assist homeless persons.
(4) The information in the Washington homeless client management information system will also provide the department with the information to consolidate and analyze data about the extent and nature of homelessness in Washington state, giving emphasis to information about the extent and nature of homelessness in Washington state among families with children.
(5) The system may be merged with other data gathering and reporting systems and shall:
(a) Protect the right of privacy of individuals;
(b) Provide for consultation and collaboration with all relevant state agencies including the department of social and health services, experts, and community organizations involved in the delivery of services to homeless persons; and
(c) Include related information held or gathered by other state agencies.
(6) Within amounts appropriated by the legislature, for this specific purpose, the department shall evaluate the information gathered and disseminate the analysis and the evaluation broadly, using appropriate computer networks as well as written reports.
(7) The Washington homeless client management information system shall be implemented by December 31, 2009, and updated with new homeless client information at least annually.
[ 2018 c 15 s 1; 2011 c 239 s 1; 2006 c 349 s 8; 1999 c 267 s 4. Formerly RCW 43.63A.655.]
Notes:
Finding—2006 c 349: See note following RCW 43.185C.010.
Findings—Intent—Severability—1999 c 267: See notes following RCW 43.20A.790.