Category: Density

Maybe Metropolis: Pro-Housing Democrats Poised for Action in 2023 After Ousting Obstructionist Seattle Rep. Pollet

Finetooth, CC BY-SA 3.0, via Wikimedia Commons via Wikimedia Commons

By Josh Feit

Before I get to last week’s quiet yet encouraging news out of Olympia—House Democrats removed single family zoning preservationist Rep. Gerry Pollet (D-46, N. Seattle) from his position overseeing housing policy—I’d like to review a couple of other recent, below-the-radar news items that provide context for why such a seemingly picayune parliamentary move in the state legislature matters for Seattle.

First, in October, the Washington State Advisory Council on Historic Preservation decided to okay a request from Wallingford homeowners to put hundreds of houses in Wallingford on the National Register of Historic Places; this week, the National Parks Service made it official.

Expect to see more and more attempts by “In this House” Seattleites to weaponize “historic” districts as a tool against reforming local land use policy that could otherwise increase affordable housing and density in Seattle.

Meanwhile, another quiet zoning decision reflected the opposite path: Last month, the Seattle Landmarks Preservation Board voted against landmarking the “unremarkable” (as Erica hilariously put it) two-story wood-framed Jai Thai building on Capitol Hill. The decision cleared the way for a new seven-story affordable housing development.

You can attribute Pollet’s NIMBY politics to an old-fashioned brand of lefty populism that elevates provincialism (knee-jerk suspicion of development mixed with tired exhortations about neighborhood “character”) into a fight to preserve single-family zoning.

Unfortunately, these two decisions taken together ultimately reaffirm the prevalence of Seattle’s off-kilter city planning philosophy: Seattle confines multi-story density to the same neighborhoods over and over, while foregoing opportunities for new housing in the hefty majority of the city—75 percent— that’s currently zoned exclusively for detached single-family houses. Sadly, Capitol Hill’s density is a Catch-22 for urbanists: Enthusiastically adding units to one of Seattle’s densest neighborhoods provides fodder for the city’s redundant single-family zones to ward off reforms that could create new housing. This preserves the status quo: Skyrocketing housing prices. The Seattle area has some of the most expensive housing prices in the country, with median rents above $1,700 (over $2,200 in the Seattle region) and a median sale price of $810,000.

It’s no wonder King County says we need to build around 240,000 new affordable units in the next 20 years, or 12,000 new units a year. Currently, we’re nowhere close to that pace; over the last two years, according to the Seattle Office of Housing, the city averaged about 1,300 affordable units a year.

Thankfully, pro-housing folks are fighting to reverse this trend. Witness the long overdue progressive coup in Olympia. Earlier this month, under youthful, new leadership, the state house Democrats finally removed Rep. Gerry Pollet (D-46, N Seattle) as chair of the pivotal House local government committee. As we have been reporting for years, Rep. Pollet has repeatedly used his position to kill pro-housing bills. (No surprise, The Urbanist has also called out Pollet for undermining housing legislation.) You can attribute Pollet’s NIMBY politics to an old-fashioned brand of lefty populism that elevates provincialism (knee-jerk suspicion of development mixed with tired exhortations about neighborhood “character”) into a fight to preserve single-family zoning.

Initially, frustrated with Pollet’s history of watering down pro-housing legislation, the House Democratic Caucus voted in late November to shrink the scope of Pollet’s committee by moving all housing issues into the housing committee, whose chair, Rep. Strom Peterson (D-21, Everett) supports urbanist legislation. Last year, for example, Peterson co-sponsored Rep. Jessica Bateman’s (D-22, Olympia) bill, HB 1782, that would have authorized duplexes, triplexes, and fourplexes in residential areas within a half-mile of a major transit stops. It was one of several pro-density bills Pollet helped kill last year. 

The move to take housing policy out of Pollet’s committee was orchestrated by a new generation of Democrats who want to send a message that affordable housing (tied to density) will be a top priority in 2023.

Two weeks later—evidently not done sending their message—the caucus voted to remove Pollet as chair of the local government committee altogether, handing the reins to Rep. Devina Duerr (D-1, Bothell), another co-sponsor of last year’s failed density bill.

With much better odds of passing their bills intact out of Peterson’s committee than under Pollet’s provincialism, pro-housing legislators could bring some necessary state governance to Seattle’s failed local policies.

The Seattle Times, whose editorial board shares Pollet’s preservationist POV, ran an editorial last week lamenting the leadership sea change by parroting Pollet’s go-to  “local control” mantra, claiming that pro-housing bills would prohibit local governments from enacting affordable housing requirements. That’s untrue. The bills that urbanists like Rep. Bateman support simply give local jurisdictions the option to allow multifamily housing in single-family neighborhoods, leaving affordable housing requirements in the hands of local jurisdictions.

“If we’re really concerned with affordable housing,” Rep. Bateman told PubliCola, “let’s first acknowledge some basic facts: Single-family zoning is 100 percent displacing people and causing gentrification.”

This status quo—not the bogeyman of future development—constitutes a current threat to housing affordability. For example, existing policy not only squeezes supply by making most of the available land in Seattle off-limits to multifamily housing, it also encourages teardowns and McMansions. Rep. Bateman’s pending, more ambitious 2023 proposal will challenge that status quo by authorizing fourplexes in residential areas of cities across the state—anywhere detached single-family homes are allowed.

Data show that even this modest increase in density improves affordability. Portland made fourplexes legal citywide two years ago and the first set of numbers indicates that they are more affordable to rent or purchase than duplexes, triplexes, or single-family homes. Additionally, Bateman said her legislation will create an affordability incentive with a “density bonus” that allows scaling up to sixplexes if two of the units are affordable to people making between 30 and 80 percent of the area median income.

On the state senate side, Sen. Marko Liias (D-21, Everett) is cueing up legislation that would target upzones (more dramatic ones) specifically near transit hubs.

This is all to say, for more news that could end up having big implications in the coming year: Pay attention to the state legislature’s prefiled bills page and watch for new pro-housing legislation. With much better odds of passing their bills intact out of Peterson’s committee than under Pollet’s provincialism, pro-housing legislators could bring some necessary state governance to Seattle’s failed local policies.

For a Welcoming City, Design Review Reforms Must Go Further

Image via Phinneyflats.com
This four-story building, the Phinney Flats on busy Greenwood Avenue North, was delayed for years by design review meetings in which critics called it “Soviet-style” architecture and said renters would disrupt their peace and quiet with loud rooftop parties.

By Laura Loe

Editor’s note: This is a followup to It’s Time to Ditch Design Review.

I’ve been advocating for reforming Seattle’s design review process, in which appointed boards impose aesthetic requirements (and delays) on dense new housing, since 2016. I’ve attended many hours-long design review meetings, hosted lunch-and-learns about this gate-kept and arcane process, and created user-friendly advocacy documents to help community members participate in the process. But design review is irreparably broken. It’s a way to object to new neighbors, not an opportunity to make neighborhoods better.

The city appears to agree: In 2013, the Department of Construction and Inspections recommended simplifying the process in response to public feedback. “Most complaints [during public comment for design review] are NIMBY-ism,” one focus group participant put it.

On December 8, 2022, the City Council’s land use committee unanimously passed legislation from committee chair Dan Strauss that will extend COVID-era rules exempting some affordable housing from design review for one year. While the bill is a rare win for Seattle’s future, it does not address the scale and scope of our housing crisis.

But why don’t we want to make all housing less affordable? Market-rate housing doesn’t deserve the punishment of the often capricious design review process, either.

Exempting affordable housing from design review is a win for those of us who have advocated for reforms—a clear acknowledgement that design review makes affordable housing less affordable.

But why don’t we want to make all housing less affordable? Market-rate housing doesn’t deserve the punishment of the often capricious design review process, either. Multi-family, market-rate development in Seattle provides essential housing for Seattle renters. It contributes to Mandatory Housing Affordability, a program that requires developers to fund affordable housing either elsewhere or on site. And it increases our overall supply of housing—a necessity if we’re going combat the housing scarcity that leads to homelessness, as housing scholar Gregg Colburn and data journalist Clayton Aldern documented recently in the book Homelessness is a Housing Problem.

There have even been recent examples where market-rate housing has become available to those with deep housing insecurity through “rapid acquisition” by affordable housing developers.

A few weeks ago, Seattle Mayor Bruce Harrell announced that the one-year extension of the design review exemption will allow the city to conduct a full environmental review of legislation that would permanently exempt some affordable housing projects from design review and begin two new pilot programs, each lasting two years.

The first pilot would exempt from design review any projects that use the city’s (highly effective) Mandatory Housing Affordability program to produce new units on-site, instead of contributing to a housing fund. The second would allow developers of all kinds of housing, including market-rate housing, to choose whether to participate in the full design review process or a shorter Administrative Design Review (ADR) by city staff.

ADR follows the same steps as full design review; the difference is that the applications are reviewed privately by a Seattle Department of Construction and Inspections (SDCI) planner, not a public design review board.

The interim legislation, which is expected to pass at the tomorrow’s city council meeting, is an acknowledgment that design review is a superfluous hurdle to addressing our housing crisis. We hope to see additional bold proposals from Strauss.

While we celebrate this rare win, we are disappointed that Harrell’s announcement does not address the flaws in design review generally and doesn’t address challenges with the administrative design review (ADR) processes at all.

Merely exempting subsidized housing projects from the current design review process doesn’t come close to meeting the breadth of recommendations from community coalitions in September 2021 to fix this onerous, costly, and undemocratic process. We would like to see a complete overhaul of the program instead of the pilot Mayor Harrell has proposed, including a transformation of administrative design review itself.

One architect said the administrative process provides “no dialogue or recourse” that would help builders understand “why a planner asks you to do things.” Because of this risk of delays, many builders may opt for the “devil you know” public design review process.

Although ADR is less onerous than the full design-review process, it’s still no picnic for professionals trying to build housing. One study documented delays at a high level. After initial community engagement in the early stages, projects that go through administrative review are not visible to the public. This means NIMBY neighbors can’t interfere, but it also means advocates like myself lack insight into internal deliberations and can’t to counter potential NIMBY objections from city staff.

According to several builders I’ve spoken to, ADR can be significantly more unpredictable, lengthy, and costly than going through a design review board. Builders describe city staffers interjecting their personal aesthetic tastes as they pick and choose which design guidelines to enforce— an ineffective and unjust way to apply policy. One architect said the administrative process provides “no dialogue or recourse” that would help builders understand “why a planner asks you to do things.” Because of this risk of delays, many builders may not opt for administrative review and will continue to participate in the “devil you know” public design review process.

Design review is not making our city more resilient, more climate-friendly, more affordable, or more welcoming. Let’s not continue to conflate nostalgia and anti-renter calls for preserving neighborhood “character” with livability and wellbeing for all. The city must follow this rare win for Seattle’s future with the comprehensive reforms outlined by Seattle For Everyone, a pro-housing coalition that includes developers and housing advocates, with a particular focus on reforms to administrative design review.

The council will take public comment on its design review reform legislation at 2pm tomorrow, December 13. Please write or call in to support the provision to exempt low-income affordable projects from design review while pushing the city (and the mayor) to systematically fix the process.

Laura Loe is the founder of Share The Cities Organizing Collective, an all-volunteer advocacy group.

No Historic Protections for Drive-Through Walgreen’s, More Delays for Sound Transit, Food Trucks Will Face Extra Scrutiny

Joe Mabel, CC BY-SA 3.0, via Wikimedia Commons

1. A city council committee declined to impose restrictions on a one-story former bank in South Lake Union Friday, arguing that the building, which now houses a drive-through Walgreen’s, is not historic enough to merit long-term preservation. The proposed restrictions, which were approved by the city’s Landmarks Preservation Board, would have given the landmarks board veto power over any changes to the interior or exterior of the building. The city has repeatedly increased allowed building heights in the area around the building, which is now surrounded by towers as tall as 160 feet.

The landmark designation for the 1950 building says the structure epitomizes mid-century banking architecture, which focused on convenience for middle-class consumers with cars, and says it also constitutes the outstanding work of a single designer. In fact (as the landmarks board also noted) the bank was just one of many similar structures in Seattle based on a prototype for a drive-through bank. Walgreen’s, which owns the building, had hoped to sell off the development rights for the property, keeping the building as-is but enabling another developer to build densely in a “receiving site” elsewhere in the city.

Neighborhoods committee chair Tammy Morales, who set the Walgreen’s building aside for further discussion back in April, said she saw no reason to prevent future development of the Walgreen’s site, given that there are four other similar buildings in Seattle. “Preserving this particular one-story building doesn’t make sense, given the housing crisis that we’re in and that the neighborhood has changed dramatically since 2006,” when the building got its landmark status.

The committee’s unanimous (four-member) vote against preserving the building also marks a dramatic change, as elected officials (and even the landmarks board) increasingly acknowledge that the need for housing often outweighs preservationists’ desire to see every old (and not-so-old) building protected.

2. In another sign of the times, another council committee agreed to extend the city’s “cafe streets” program, which allowed restaurants to create outdoor dining spaces during COVID, and impose new fees on businesses that take advantage of the program. (Originally, the permits were free).

Advocates for the proposal were concerned about an amendment by Northeast Seattle Councilmember Alex Pedersen to reinstate a rule that banned food trucks within 50 feet of any brick-and-mortar restaurant. Before COVID, this rule effectively prohibited food trucks in business districts all around the city—basically all the areas where people might actually be around to patronize a food truck.

Although the legislation that passed gets rid of this protectionist provision, it still subjects food trucks to extra scrutiny, requiring the Seattle Department of Transportation to report back on any “potential impacts from food trucks or other vending activity occurring in close proximity to brick-and-mortar businesses.”

Pedersen, who sponsored the amendment imposing this extra scrutiny on food truck operators, said the intent of the original 50-foot rule was “to mitigate the potential effects to small existing businesses that take on the risk of additional expenses, of capital improvements, inventory, and wages for workers to keep their brick-and-mortar operations afloat.”

Morales responded that by applying special scrutiny to food trucks, the council would be saying that food trucks—which are often run by immigrants and people of color—have a negative impact on other businesses. “The presumption with this amendment seems to be that we should protect existing businesses from competition,” Morales said, yet “we don’t ask anything of the corporations in this city that regularly squeeze out independent businesses through mergers and acquisitions.” The amendment passed, with Morales voting no, Dan Strauss abstaining, and Pedersen and Kshama Sawant voting yes.

3. Sound Transit, the regional transit agency, announced on Thursday that the extension of its existing Tacoma light rail line, which runs between downtown Tacoma and the Tacomadome, will be delayed for an unknown period due to “quality and safety issues” with the project. In a blog post, agency CEO Julie Timm said Sound Transit has already addressed multiple previous “quality issues” with the project, adding that the latest problem, which involves “track geometry,” will push the opening date until later in 2023.

“We have some folks flying in to look at some of the issues that were identified,” Timm said, but did not specify what the issues are, saying ST will have more to announce next week.

This isn’t the first time Sound Transit has identified shoddy work by its contractors since the pandemic began. Earlier this year, the agency announced it would have to delay the opening of the East Link line connecting Seattle to Bellevue because of multiple quality issues with the light rail extension across I-90. Those problems included problems with “nearly all” the concrete plinths and fasteners that affix the rails to the bridge, cracking concrete supports, missing rebar, and other structural and safety issues.

Because of those significant delays, Sound Transit has proposed changing the order in which it will open new light rail extensions. Under the new proposed schedule, the extension of the existing 1 line to Lynnwood would open in 2024, and the new line to Bellevue and downtown Redmond would open in 2025. Sound Transit doesn’t have a new opening date for a southern extension to Federal Way, which was delayed after a 200-foot section of embankment along the route slid nine feet earlier this year.

Prompted by a request from King County Councilmember and Sound Transit board member Claudia Balducci, Sound Transit staff drafted a plan to open an eight-station, Eastside-only “starter line” connecting downtown Bellevue and Redmond that will provide Eastside residents with some rail transit starting next year while Sound Transit works out the problems with the I-90 crossing.

Chamber Poll On Homelessness, Public Safety Shows That It Matters How You Frame the Questions

Graph showing high support among Seattle voters for removing encampments

By Erica C. Barnett

A new poll from the Greater Metro Chamber of Commerce, produced by EMC Research, reveals that many Seattle voters’ “top concern” has shifted from homelessness to crime, but fails to shed any light on the reasons behind the shift. whether this shift represents declining empathy toward people living on Seattle streets.

Overall, according to the poll of 700 registered Seattle voters, 57 percent of people named homelessness as one of the issues they were most “frustrated or concerned about,” followed by “crime/drugs/public safety” at 46 percent. Both categories declined slightly from last year, while “racial issues/policing/police brutality” and “taxes” ranked slightly higher as matters of public concern. Asked what changes would improve the “quality of life” in Seattle, “closing encampments in parks, on sidewalks,” and in public rights-of-way ranked number one on the list, with 79 percent of voters saying their lives would be improved by encampment removals.

“I think our voters are pretty sophisticated. This is a community that does not assume that all people experiencing homelessness are also committing crimes and does not conflate homelessness and criminal activity.”—Seattle Metro Chamber CEO Rachel Smith

During a media presentation on the poll results, Seattle Chamber CEO Rachel Smith said she believed voters are somewhat less concerned about homelessness because of “an all-hands-on-deck regional approach that has made a visible difference” in the number of tents on the street. As we’ve reported, Mayor Bruce Harrell has dramatically accelerated homeless encampment removals since taking office, and has proposed expanding the city’s homeless outreach and encampment removal team and making many temporary “cleanup” positions permanent.

“I think our voters are pretty sophisticated,” Smith continued. “This is a community that does not assume that all people experiencing homelessness are also committing crimes and does not conflate homelessness and criminal activity.” Andrew Thibault, an EMC partner, added that most of the voters in the survey identify as Democrats and progressives.

Breakdown by demographic category of support for encampment removals among Seattle voters

Like all the previous versions of this annual survey, the poll framed a question about homeless encampments in a misleading way that does not represent what the city actually offers unsheltered people during sweeps, nor the reasons people “refuse” shelter or services that may be unsuitable for their needs. The survey asked voters whether they would support the city “continu[ing] to close homeless encampments once people have been offered shelter and services, even if it means those who refuse help will be displaced.” Only 18 percent of respondents said they would oppose such a policy.

The problem is that this policy does not exist, nor can it be “continued.” In reality, the city has only “closed” two encampments—one at Woodland Park and another at the Ballard Commons, which remains fenced-off and inaccessible—by making individualized offers of shelter and services to encampment residents. Other than these exceptions, the city removes encampments the same way it always has—typically, by posting a notice two or three days in advance so people know they have to leave, giving encampment residents the option to take one of the handful of shelter beds typically available citywide on any night, and sweeping anyone who remains on site on the appointed day. That’s a far cry from “offering shelter and services” to people who, for whatever (presumably irrational) reason, “refuse” to take them.

As long as the question describes a far more ideal scenario than the one that actually exists, people who might oppose removals will likely continue supporting them—after all, who can blame the city for sweeping people who simply don’t want any help?

Voters, particularly Republicans and people living in North Seattle, said they felt less safe than they did last year and supported hiring more police; more than half also said they were “actively” thinking about leaving Seattle, largely because of crime. These question routinely get high positive responses, to the point that you might think bullets were routinely whizzing through the empty streets of Phinney Ridge and Laurelhurst, past empty houses abandoned by people fleeing the city.

Graphs showing support among all demographic categories, except Republicans, for "more housing in your neighborhood"

Poll respondents also said they didn’t trust the Seattle City Council to reform the police department—an oddly worded question, given that the mayor, not the council, oversees SPD and is responsible for setting policy for department. There was no corresponding question about the mayor. Blaming the council for problems at the police department and other departments that are controlled by the mayor is a longstanding Seattle pastime—one that reflects a general misunderstanding about how city government works that is exacerbated by polls suggesting the council has more power than it does.

Voters continue to support the general idea of “more housing in my neighborhood”; however, as in previous years, the Chamber’s poll doesn’t push that question beyond “duplexes and triplexes” to include denser housing types that might also include affordable housing. As the Urbanist noted in its coverage, the Chamber has supported legislation to increase density further in single-family areas and Smith said the framing of the question wasn’t meant to indicate that triplexes should be the upper limit.

The poll includes a demographic breakdown of respondents that lumps all BIPOC people into a single “POC” category—a grouping necessitated, according to Thibault, by the fact that breaking the categories down further would lead to an excessive margin of error. According to the crosstabs provided by EMC, the “POC” group included 26 Black voters in all, an average of fewer than nine Black respondents for each of three broad geographic areas sampled in the poll.

Put Westneat’s “Little Kabul” in Seattle’s Single-Family Zones

Photo by Lauri Shaull, via Wikimedia Commons

by Josh Feit

How sweet: Seattle Times columnist Danny Westneat supports ghettos. In a flawless example of peak Seattle—i.e., a middle-aged white guy explaining how great Seattle was back in the Dan Evans 1970s and ’80s—Westneat wrote: “Go ahead, Republican Governors Association. Send us your buses. Previous migrants started Little Saigon in Seattle; maybe these will start Little Caracas or Little Kabul. Both the question and the answer repeat through history: Do you want these people? Yes, we do.”

Do we? Maybe we should answer another question first: Where do we want “Little Kabul” or “Little Caracas” to be located? Can it be built in Seattle’s segregated single-family areas, which make up about 75% of the city?

This defining fact about our city—which studies show drive up housing prices, and which I’ve been grousing about since 2004—is what makes Westneat’s column so unconvincing. It’s the editorial embodiment of one of those “in this house” signs that claim to be all about inclusion, but dot yards in exclusive neighborhoods that don’t allow multi-family housing.

This petulant housing lockout is particularly problematic in a city like Seattle that’s facing a pressing housing shortage while still growing by tens of thousands annually; despite the pandemic, we added a stunning 20,100 residents between April 2021 and April 2022.

Westneat was writing about Florida Governor Ron DeSantis’ recent gross political stunt; DeSantis chartered two planes—from Texas, weirdly—to fly about fifty undocumented migrants to that metonym for liberal elitism, Martha’s Vineyard. Westneat makes the case that Seattle would proudly accept migrants. I guess, judging from the 1970s scenario he lovingly conjures, we’d show that evil Ron DeSantis by cordoning these migrants into tiny quadrants of Seattle that, among other things, lack parks and good schools. Confined to arterial streets, multi-family housing zones in Seattle also expose their residents to more pollution.

Tell you what. I’ll second Westneat’s idea, but on one condition: We upzone neighborhoods such as Blue Ridge, Madrona, and Laurelhurst for multifamily housing and build “Little Kabuls” throughout our leafy city. Seattle actually tried to upzone its single-family zones (now called “neighborhood residential” zones)—back in 2015, but we inelegantly backed off when Seattle’s core NIMBY values rose up, and, championed by the anti-upzone Seattle Times editorial board, stopped the idea in its tracks. It was, in fact, a Westneat column— alerting the public to the fact that a task force was poised to recommend upzoning Seattle’s residential zones—that unleashed public animosity against adding density to our sacred neighborhoods.

I’ll second Westneat’s “Little Kabul” idea, but on one condition: We upzone neighborhoods such as Blue Ridge, Madrona, and Laurelhurst for multifamily housing and build “Little Kabuls” throughout our leafy city.

Indeed, the problem with Westneat’s liberal posturing is that existing Seattle housing policy won’t back it up. In short, his “Little Kabul” column reads more like white virtue signaling than like a workable idea.

For the last two legislative sessions in Olympia, a promising new alliance of pro-development and social justice legislators and advocates have proposed reforms to land use police policy that would make Seattle actually embrace the mantra of inclusion. The YIMBY legislation would allow multifamily housing deep inside neighborhoods near transit stops, not just at the edges—a vision of transit-oriented development that goes beyond the timid status quo, which only allows density immediately next to transit hubs. Facing opposition from old-fashioned liberals like longtime local government committee chair, Seattle’s own Rep. Gerry Pollet (D-46, N. Seattle), and lacking a champion in the mayor’s office (former mayor Jenny Durkan and current Mayor Bruce Harrell are standard, Lesser-Seattle politicians), the legislation hasn’t been a priority for Seattle.

Thankfully, the diverse and progressive Seattle Planning Commission has an ambitious pro-housing blueprint cued up for the pending Seattle Comprehensive Plan update, coming in 2024. Their agenda, backed by progressive council members like at-large Council member Teresa Mosqueda, includes “expanding and adding more urban villages.” I say, put Blue Ridge and Madrona and Laurelhurst on the list. And add Magnolia and Phinney Ridge while we’re at it.

Hopefully, the Seattle Times won’t repeat the anti-housing crusade they waged against Seattle’s last attempt to upzone Seattle’s extensive single family zones. But given that Westneat, who likes to warn against “unfettered growth,”  owns a multi-family rental property that benefits from keeping the vast majority of the rest of the city off-limits to new multi-family housing (can you believe this conflict of interest at the Seattle Times?), I wouldn’t be surprised if my version of the “Little Kabul” idea doesn’t win his support.

josh@publicola.com

It’s Time to Ditch Design Review

Years of controversy over the design of this Safeway-anchored building on Queen Anne galvanized opposition to Seattle’s design review process.

By Laura Loe, Wes Mills, and Mike Eliason

Seattle is preparing to update its Comprehensive Plan, which governs growth and development in the city. Between now and 2024, there will be a staggering number of public input and listening tours and community open houses, all aimed at shaping equitable development and coming to some kind of consensus about where new neighbors should be allowed to live. 

Simultaneously, the city convened an advisory stakeholder group to evaluate Seattle’s Design Review program, as required by a Statement of Legislative Intent (SLI) the City Council passed in spring of 2022. We question whether this advisory group, which has met three times so far, is effective or empowered to make necessary changes to this harmful program. We oppose Seattle’s Design Review program and would like it to be reduced to a routine checklist, if not eliminated altogether. We want changes to this program to be in place before the comprehensive plan update in 2024.

The intent of Seattle’s Design Review program is to “consider a broad set of design considerations and apply design guidelines that the architect must use to design the exterior of the building (and to) promote designs that fit into and relate to the surrounding neighborhoods.”

Unfortunately, the impact of design review goes far beyond aesthetics and neighborhood character. It leads to a less affordable city. According to a 2021 BERK report, Seattle needs at least 21,000 more homes for families and individuals making less than 80 percent of Area Median Income, about $95,000 for a family of four. Design reviewers are not allowed to consider the needs of lower- income people in their decision making, to say nothing of evaluating the needs of an estimated 5.8 million residents our city and region will need to house by 2050. 

Right now, Seattle planning staff coordinate community energy toward evaluating a building’s appearance—a classist and subjective process that prioritizes subjective aesthetics over equity.. Our city is not more beautiful because of Seattle’s design review process. It adds cost and limits needed homes during dual climate and housing emergencies. There is an abject futility in witnessing multiple rounds of hours-long meetings debating minuscule architectural points that would make Frank Lloyd Wright stomp out in frustration.

Coupled with bad zoning and other broken systems, our land use patterns shove new housing into tightly-constrained corridors, often in locations populated by people with little political power

In contrast, there’s no process to examine whether our city’s stated values around equity, affordability and sustainability are being met. Design Review has hobbled Seattle’s ability to provide essential housing, while undermining the needs of both current and future neighbors. This process prioritizes things like the color of brick, the modulation of the back side of a building, and whether a trash pickup should be done by a 30-foot truck or a 25-foot one. It leads to complex studies of the impact of shadows on vegetable gardens. It does not support equitable development. 

In September 2021, Seattle For Everyone released a statement that made clear that Seattle’s Design Review program was failing. We agree. We have found Design Review to be one of the most anti-renter, gate-kept, exclusionary and jargon-laden of all Seattle Processes. Infuriatingly, the all-volunteer Design Review Board has been loaded with industry insider architects and process “experts.” This shuts out many people whose communities need representation, including people who are experiencing housing instability, like us. 

Coupled with bad zoning and other broken systems, our land use patterns shove new housing into tightly-constrained corridors, often in locations populated by people with little political power. These locations tend to have much higher levels of air and noise pollution than the neighborhoods whose “residential character” design review aims to protect, and are considerably less safe due to traffic volumes, than residential neighborhoods. It is a public health crisis exacerbated by our bifurcated development regime. Renters deserve quiet, leafy neighborhoods where our kids can feel safe playing on the sidewalk.

The most famous example of design review’s costly and anti-renter outcomes is at the top of Queen Anne. Because of the great reporting from The Urbanist (West Design Review Board Withholds Approval for 323 Homes Atop Queen Anne Safeway), and the fantastic live-tweets by QAGreenways, dozens of people were inspired to give public comment in favor of housing on top of a grocery store. The momentum and movement to end design review has even caught the attention of Real Change advocates who specifically called out eliminating design review in their recent comprehensive plan vision

We ask the City of Seattle to remove Design Review from the building and permitting process, before we complete the Comprehensive Plan updates in Spring of 2024.   Because of the concerns raised by Seattle For Everyone, we are worried that any reforms recommended through the stakeholder group process will be worth little more than the cost of the ink used to print the very nice bound version that will be placed in the stacks of our beautiful Central Library (that probably couldn’t pass Design Review today).

The stakeholder group plans to perform “[a]n analysis of whether the program increases housing costs”. We don’t need that analysis. We already know it does—through increased processes, permitting delays, and more complex buildings. We don’t need more analysis to tell us Design Review is broken. Additionally, the council’s directive does nothing to own up to Seattle’s massive role in exporting our housing crisis to the rest of Puget Sound and the Pacific Northwest. 

While we advocate for ending design review, we don’t yet have a framework for fixing our neighborhood design guidelines. One acceptable option would be to make adherence to design guidelines a low-stakes checklist-style administrative step. A few of Seattle’s design guidelines are functional and fairly useful, but others are purely aesthetic and highly questionable.  

Upcoming Meetings: September 28, October 26, November 16, December 14

Comment on these meetings here.

Watch upcoming meetings here.

Stakeholders

The stakeholder group includes affordable housing developers, market rate developers, design professionals, neighborhood organizations, and previous Design Review Board members. Stakeholders representing specific organizations are indicated here.

Additionally, the Design Review process works differently in the Department of Neighborhoods for Special Review Districts. The International Special Review District (ISRD) has taken some steps to increase participation and influence by those who have been actively marginalized and underrepresented in Seattle. For example, the ISRD Board recently expanded their language access with translation and interpretation for meetings. We need to evaluate if community members have felt that these reforms in Department of Neighborhoods have worked, to inform the SLI driven stakeholder advisory meetings  in the Department of Construction and Inspection.  

We do not support more process, more reports, or more rounds of public debate and discussion. After viewing the first few meetings of the stakeholder group reform process, it is clear that the members are disempowered to make reforms. Design review eradication should be under consideration, too. The city must study the impacts of eliminating design review and this stakeholder group is meaningless without studying that option. 

Laura is a renter, musician and gardener in Queen Anne who founded Share The Cities. Wes is a local housing and transit advocacy volunteer who rents with his family in Northgate, where they can live without a car. Mike is the founder of Larch Lab, an architecture studio and think tank – as well as renter and livable cities activist living with his family in Fremont.

Ruling: No Need to Review New Tree Regulations’ Impact on New Housing

Trees! Better than housing?

By Erica C. Barnett

On Thursday, the Seattle Hearing Examiner ruled against the Master Builders of Seattle/King County in a case involving a proposed new citywide tree ordinance, concluding that the city does not have to undertake any additional review under the State Environmental Policy Act (SEPA) to move forward with the new law.

The proposed new law, supported by TreePAC and City Councilmembers Dan Strauss and Alex Pedersen, would lower the size threshold for “significant” and “exceptional” trees and make them harder or illegal for private property owners to remove; removing a tree larger than 12 inches in diameter, for example, would require a developer to either replant the tree on site or pay a fee based on the value of the tree.

MBAKS, which represents small-scale multifamily developers, argued that the new rules will discourage density in Seattle, “protecting” single-family neighborhoods in leafy parts of Seattle where people of color were historically barred from living, while doing nothing to improve tree coverage in sparsely canopied, more diverse parts of the city. They argued that the city needs to do more environmental analysis to consider the potential negative effects the ordinance would have on housing development and density.

In response to the ruling, MBAKS Seattle Government Affairs Manager Aliesha Ruiz said, “Although MBAKS is disappointed in the decision of the hearing examiner, we look forward to working with our housing partners and City Council to create legislation that supports both trees and housing.”

In his ruling, Hearing Examiner Ryan Vancil said the developers didn’t clear the very high bar for requiring additional environmental review, essentially by failing to prove a negative: “Appellants’ arguments that the Proposal will increase the costs of development, and will have negative impacts on the City housing supply were based on speculation, not any actual quantitative analysis that was introduced into evidence, Vancil wrote.

“Appellants’ expressed concern that development will be more expensive, uncertain, and problematic on some unidentified number of lots is not enough to demonstrate that the Proposal will likely have significant adverse impacts to future housing in the City.”

Vancil also ruled that the tree ordinance, which defines an “exceptional” tree (the most protected category) as any tree more than two feet in diameter, is consistent with the city’s Comprehensive Plan, which guides development policy in the city and will be overhauled in 2024. (That process is just getting underway). In their appeal, the developers argued that in addition to doing more environmental analysis, the city should consider requiring developers to add street trees whenever they build new detached single-family houses, which do nothing to achieve the comprehensive plan’s density goals.

In addition to more analysis that looks at density, not just privately owned trees, MBAKS has asked the city to consider requiring street trees when developers build new detached houses in single-family zones.

In a statement Thursday afternoon, Strauss, who represents Northwest Seattle, said, “Seattle is called ‘the Emerald City’ for a reason, and we need to do better at preserving our cherished urban forestry. We know trees add value to existing homes and development and many parts of our city need more tree canopy. I am excited to finally be able to create stronger tree protections here in the Emerald City.”

 

Maybe Metropolis: The Solution Is More Density, Not Just More Taxes

Image of three developments allowed in some former single-family areas, from least to most dense: residential small lot, low-rise 1, and low-rise 2.
MHA’s modest upzones on a sliver of Seattle’s single-family land include (l-r) residential small lot, low-rise 1, and low-rise 2. Images via City of Seattle.

By Josh Feit

The JumpStart tax, city council member Teresa Mosqueda’s payroll tax on big employers like Amazon, is posting standout numbers. This year, JumpStart will fund $97 million in affordable housing investments, including nearly $80 million for 1,769 units of affordable rental housing. Last year, the $71.4 million it provided toward affordable housing amounted to almost half the $153 million total raised by all the city’s affordable housing funding streams.

The Jump Start tax teases out the nexus between surging tech job growth and housing prices by capturing nouveau corporate Seattle’s impact on the market. That is: As the hyper growth of tech companies like Amazon inflate local housing prices, the city is taxing them to help fund affordable housing. It’s a good look, and it seems like a logical offset for the influx of high-earning tech employees. And, let’s be honest: It also feels good.

However, as much as I agree with the logic of an Amazon tax, and as much as it’s bringing in, I think there’s a more germane and effective way to raise affordable housing dollars. Luckily, it’s already part of our affordable housing strategy—sort of.

I’m talking about 2019’s Mandatory Housing Affordability program, a fee on new development in designated parts of the city, which brought in an impressive $50 million in 2021 itself.

Given that Jump Start outpaced MHA by $20 million, why am I focusing on  MHA as the smarter policy? For starters, MHA, which came with a series of targeted upzones that allow more housing in more places, actually attempts to undo the root cause of our housing crisis: prohibitive zoning laws that discriminate against multi-family housing in the vast majority of the city. These historical zoning laws cordon off nearly 75 percent of the city from multifamily housing, pinching supply and thus fueling steep housing prices.

While conventional wisdom holds that upzones and new development inflate housing costs, a 2021 UCLA report found that the latest studies show the opposite: Five out of six studies looking at the impact of market-rate housing determined that new market-rate density “makes nearby housing more affordable across the income distribution of rental units.”

Conversely, those who warn that upzones lead to gentrification, have a hard time explaining why gentrification is alreday happening in Seattle today, under our status-quo zoning that prohibits the very density urbanists are calling for. More logically, the prohibition on new development in so much of the city is spiking prices for the limited housing that is available.

Seattle gained 130,000 people between 2010 and 2020 (13,000 a year) and another 8,400 during the first year of the pandemic, many of them tech transplants. These newcomers didn’t cause the housing shortage, though—they merely brought it into sharper relief. The MHA strategy, which encourages housing development, is actually in the position to do something about it.

MHA, which came with a series of targeted up-zones, actually attempts to undo the root cause of our housing crisis: prohibitive zoning laws that discriminate against multi-family housing in the vast majority of the city.

And MHA might be worth more money than JumpStart. The MHA data point that interests me most is $13.4 million, a subset of MHA dollars raised. This figure represents the amount of money MHA raised specifically from developments built on land where it was previously prohibited: multifamily housing built on land that was upzoned in Seattle’s previously exclusive single-family zones.

Passed in 2019, MHA didn’t merely tack a fee onto new development; it also upzoned tracts along the edges of 27 single-family zones, allowing small-scale density in some previously single-family-only neighborhoods by expanding low-rise and neighborhood commercial zones and creating a new “residential small lot” zoning designation. These modest upzones, which the city adopted on just 6 percent of single-family land, allow new housing that fits in seamlessly with single-family houses.

Interestingly, this modest bit of geography— 6% of the single-family zones, or  4% of the city’s total developable land—accounted for nearly 20 percent of all MHA dollars. This outsized production could represent an upward trend. Last year, the same modestly upzoned fraction of single-family areas brought in 12 percent of the money raised from MHA overall, $8.3 million out of MHA’s $68.3 million.

This disproportionate performance indicates that pent-up demand for development on formerly cordoned-off land could be a spigot of affordable housing cash. Consider: There’s a lot more developable land where that 6 percent came from, and the city could increase the potential density of those areas more dramatically than it has to allow multifamily and commercial development, for example. If the city council and Mayor Bruce Harrell had the courage to stand up to Seattle’s NIMBY class by extending the upzones further into exclusive single-family areas and by opting for denser upzones, Seattle would generate far more cash for affordable housing.

Sure, $80 million from the JumpStart tax  is helping a lot. But the truth is, we need far more money for housing. According to the Office of Housing, MHA helped fund 990 units in 2021. But, according to the Regional Affordable Housing Task Force , we need 12,000 a year. Unfortunately, JumpStart’s impressive figures could dampen any move to expand the more on-point MHA approach, which raises money for affordable housing (and could raise a lot more) while actually addressing the crux of the housing problem by freeing up land for development.

In this way, JumpStart could unwittingly play to the interests of single-family homeowners (and their ever-appreciating property values) by shifting the focus away from the central role these homeowners play in the housing crisis, holding them harmless and avoiding bold policy solutions by taking their communities off the table.

According to the MHA numbers, the 4 percent of Seattle that we timidly opened up to more housing construction is trying to tell us something: The table is bigger than we think.

Josh@PubliCola.com

Is It Time for Seattle to Do Away With Design Review?

The Safeway building that led to seven years of aesthetic debate

By Andrew Engelson

In a city facing an extreme lack of affordable housing, Seattle’s process for permitting apartment buildings has become a bit of a circus. For months, an unelected board debated the color and style of brick on a grocery store and apartment complex in Queen Anne. Wealthy residents of an apartment tower in Belltown bogged down the construction of an apartment tower next door by insisting the design include more curves to match its architectural context. And a new multi-family building on Capitol Hill had to be redesigned because it looked “too historic.”

The process is clearly broken. In response, last November, the Seattle City Council directed the Seattle of Department of Construction and Inspections (SDCI) to assemble a stakeholder group to examine its design review program—a complicated permitting process that many architects and housing advocates say is deeply flawed, contributes to excessive delays, and adds significant costs to new multi-family housing projects. The group, which will present its report later this year, is supposed to come up with ways to make the review process faster and more efficient, and to look at the racial and economic equity impacts of the program.  

City councilmember Dan Strauss, who sponsored the legislation, told PubliCola, “Long permit review times often slow or prevent the building of urgently needed housing in Seattle. I am working to address permitting delays and streamline housing production, and as part of that process design review has often come up as an area that needs fixing.” 

Design review has nothing to do with whether a building conforms to safety and construction codes. Instead, it critiques the overall appearance of a building, how it relates to the terrain and adjacent properties, how pedestrians and vehicles access the site, and the quality of the building’s materials and landscaping. The all-volunteer boards serve four-year terms and include a mix of architects, landscape designers, developers, and local residents. The decisions they make are final, and there’s no formal appeals process. When the city’s eight regional design review boards dictate aesthetic changes, it can lead to delays of months or even years and add hundreds of thousands of dollars to the cost of apartment projects. Single-family houses, no matter the size, are not subject to design review. 

Architects and developers have been reluctant to criticize the program in the past for fear of retaliation by the volunteers on the boards, which wield a surprising amount of power and have held up projects over minor concerns such as the color of brick facades and the placement and style of public benches.

But several architects agreed to speak to PubliCola on the record about their frustration with a process that many urbanist advocates say is inconsistent, capricious, and so cumbersome that many developers are now hesitant to build new multifamily housing in Seattle.

“I think it is broken, and it can be fixed,” said Brian Runberg, founder of Runberg Architecture Group, who has seen many of his firm’s projects bog down in long delays during design review. “Currently it is not efficient or predictable. And it’s not fair nor inclusive.”

Seattle’s west design review board agonized over which array of taupes and browns to require on the front of a Safeway supermarket that’s supposed to look like a bunch of little storefronts.

Runberg was the lead architect on a 7-story apartment building, anchored by a Safeway grocery store, on Queen Anne Avenue—a project that has become notorious for its delays and finicky debates over aesthetic concerns. Originally proposed in 2016, the project went through two architects and two developers and then was held up for six months while the west region design review board and the architect haggled over the precise color and pattern of the store’s brick facade. In addition, the board requested that the facade of the Safeway approximate the look of small individual retailers – even though the one ground floor tenant is a single grocery chain.

Responding to the board’s concerns, Runberg’s staff prepared dozens of studies of brick colors and patterns for the Safeway, with negligible difference in the end product. The project was permitted late last year; after groundbreaking, construction should take about 18 months. As PubliCola reported, design review added between $750,000 and $800,000 to the project. All of the changes were purely aesthetic. 

“That’s a total of seven years to build a Safeway with apartments on top,” said Mark Ostrow, a Seattle Neighborhood Greenways board member who live-tweets about design review hearings at Queen Anne Greenways. “For the Olympic Games, the host city gets seven years to totally transform an entire city. They build massive sports venues and transportation systems. And the city of Seattle can’t even build a Safeway.”

Though the boards are formally tasked with enforcing the city’s design guidelines (which vary from neighborhood to neighborhood) sometimes the critiques veer into abstract aesthetic concerns. 

Often, the issues that review boards raise feel random and frivolous, Bradley Khouri, the founder of B9 Architects, said. Khouri remembers presenting to the east region review board for a project on Capitol Hill. The board had deliberated, and was voting to wrap things up when one board member suddenly expressed concerns, Khouri recalled, that the building was not “refined enough.” Another board member agreed to change their vote and call for another review meeting. “I’m on a video call,” Khouri remembers, “I’m in my house. And think: I can’t stop this train. I don’t know where it’s going to go. Fortunately, everybody else said no,” and the project went forward.

Khouri said he’s seen the minimum time to permit a multi-family housing project in Seattle go from about a year in 2008 to nearly two years today. When projects are held up, it’s often over minor details, Khouri said. “You could spend six months with a planner on these corrections back and forth,” he said. “And for what? At the end of the day, they may have added a little nicer material or adjusted the height of the canopy. But it’s preventing housing from getting produced in a city that’s desperate for it.” 

He pointed to an apartment project his firm designed on Capitol Hill seven years ago. “The client committed to spending over $300,000 on additional siding— today that would be half a million dollars,” Khouri said. “And the building’s more attractive as a result. Did that really need to happen? I don’t know. I like our building as it’s built, but I think we could have done just as nice a building without having to spend all that. But our client knew if he didn’t do it, he wasn’t going to be able to build this building.”

In March, the pro-density coalition Seattle for Everyone published a report with data from the consultant ECONorthwest that found the total time to get a master use permit from SDCI increased 84 percent between 2010 and 2018. By  2020, the amount of time required for a project to complete full design review had increased to 805 days, or 2.2 years, on average.

“Seattle is not known for its beautiful midrise apartment buildings. It’s actually known for its ugly ones. And this is under a system where we are legislating aesthetics. So clearly, that’s not working.”—Mark Ostrow, @QAGreenways

Runberg said that as a result, most of his developer clients now shy away from building new housing in Seattle. Five years ago, he said, about 5 percent of his firm’s multifamily residential work was on the Eastside and most of the remainder was in Seattle. “Presently, 90 percent of our work is on the Eastside,” Runberg said. “These are all the same developers we’ve had for 20 years. And it all comes back to the fact that the process is unfair and unpredictable. It’s too risky for them.”

A 2016 study of Seattle’s design review process published by University of Washington urban planning grad student Scott Cutler found that design review boards’ recommendations about the aesthetics of buildings and site plans are often applied in an arbitrary manner. “It is clear from the case study findings that Seattle’s Design Review Program suffers from inconsistently-applied scrutiny and an unpredictable bureaucratic timeline, which both need to be fixed to ensure fairness and accessibility to the process,” Cutler concluded.

In 2018, SDCI did make minor reforms to design review, but Khouri argues that the changes, though necessary, were “so minimal” compared to the kind of changes that are needed. The reforms increased the threshold for a project to be subject to full design review, created a streamlined review process and moved smaller projects and townhouses into what’s known as administrative design review—a internal, non-public process in which SDCI staff review plans.

This Belltown tower went through six months of delay because design review board members (and neighbors in a nearby luxury high-rise) didn’t think its original “rectilinear” shape worked with round buildings nearby, including the Westin hotel towers.

According to figures provided by SDCI, the number of multi-family and commercial building permits issued has declined dramatically in the past four years. Although the pandemic was certainly a driver in 2020, the overall trend since 2018 has been downward. In the last six months of 2018 after the reforms were implemented, 104 projects went through streamlined design review, 143 through administrative, and 221 projects went through full design review. By 2021, those numbers had plummeted to 66, 103, and 99, respectively. 

Not all of the decline is the result of design review, of course—high labor costs, supply chain issues, and high property values are also factors. But Brady Nordstrom, a coordinator with Seattle for Everyone, notes that design review is part of this decline in construction of multifamily housing. “We can’t control labor prices and we can’t control demand for housing,” Nordstrom said. “But we can control how we permit and move housing through permitting.”

Khouri contends that requiring aesthetic architectural review during a climate crisis and a massive surge in housing prices is unnecessary and harmful. “If we’re doing a project three blocks from light rail,” Khouri said, “should there really be a conversation about height, bulk, and scale?”

SDCI director Nathan Torgelson defended design review, which the city created in 1991 in reaction to the construction of a host of new skyscrapers downtown. “Most buildings are going to last anywhere from 50 to 70 years,” Torgelson said, “so the aesthetics of the building is absolutely important to the fabric of the city and how it fits in a neighborhood context. But we can definitely improve the process.” Continue reading “Is It Time for Seattle to Do Away With Design Review?”

Councilmembers Say Better Rent Data Could Help Preserve “Mom-and-Pop,” “Naturally Occurring Affordable Housing”

 

Courtyard of the Pacific Apartments, an example City Councilmember Alex Pedersen cited of "naturally occurring affordable housing"
Courtyard of the Pacific Apartments, an example City Councilmember Alex Pedersen cited of “naturally occurring affordable housing”

By Erica C. Barnett

Until 2017, elected officials (and reporters) hoping to get a handle on the availability and cost of rental housing in Seattle relied on reports from a private company called Dupre+Scott, whose forecasts used cheeky videos and graphics to illustrate market predictions and trends. Since Dupre+Scott shut down, the city has relied on Census tract-level data to assess housing trends, including residential displacement—a blunt, high-level instrument that does not account for differences between adjacent neighborhoods that may be in the same Census tract.

Earlier this week, City Councilmember Alex Pedersen rolled out legislation that would require landlords to submit detailed information about their rental units—including the size of each unit, the rent they charge, and whether a unit is occupied or vacant—to a research university, such as the University of Washington, twice a year and to certify under the city’s Rental Registration and Inspection Ordinance (RRIO) that they have done so. The university would analyze the information and submit reports to the city, which would use them to “identify displacement risk” and “inform [the city’s] housing policy,” according to a staff report on the bill.

“My interest,” City Councilmember Sara Nelson continued, “is in making sure that we are not driving small landlords out of the market” by passing too many renter protections that impose new requirements on landlords, such as the “first in time” law that requires landlords to rent to the first qualified applicant.

The context for the proposal is the upcoming update of the city’s Comprehensive Plan, which provides the framework for all city decisions on land use and zoning. The comp plan, for example, could prescribe the creation of more neighborhood business districts, encourage zoning changes to add density in single-family areas, or require future land-use policies that encourage the use of nonmotorized transportation. Or it could encourage policies that protect existing rental units at the expense of new housing, preserve trees by maintaining Seattle’s ban on development in single-family areas, or require full infrastructure buildout (roads, sewers, transit service) before an area can be developed—a ’90s neighborhood planning concept known as “concurrency.”

Pedersen, who has been a vocal opponent of allowing more density outside existing urban villages, said the city needed more accurate rental information to determine where “naturally occurring affordable housing” exists and might be at risk of demolition if the city allows denser housing in more areas. “If additional land-use changes were pursued without first putting into effect displacement prevention laws,” Pedersen said, the city might end up adopting policies that lead to the demolition of “affordable, below-market rental housing on the Ave [in the University District] and throughout our city.” (Pedersen cited the Pacific Apartments, pictured above, as an example of naturally occurring affordable housing. Although the website for the building didn’t have any current listings, a 450-square-foot studio was listed at $1,200 last year).

“Naturally occurring affordable housing” generally refers to older units that cost less than newer housing nearby. Advocates for laws to protect this type of housing often refer to the “mom-and-pop landlords” who tend to own such older buildings, without regard for the specific challenges faced by renters who live in this kind of housing, which may be less well-maintained than professionally managed buildings.

Thanks to the rental registration ordinance, the city does have some general information about how many rental units are available each year. In 2020, according to the most recent RRIO report, the number of registered units in the city declined by about 14.4 percent, “but the total number of units stayed relatively stable with only a 0.65% decrease.”

“Are landlords selling because they don’t want to comply or because property values have gone through the roof and they can cash in on their property like never before? It’s totally their right and if they are selling their property, that’s their decision. But connecting it to increased renters rights is not appropriate.”—City Councilmember Kshama Sawant

Although the report notes that registrations may have declined for any number of reasons, including landlords not bothering to update their renewals during the pandemic, Councilmember Sara Nelson said the decline in registrations, combined with the relatively small decline in apartments on the market, “indicates to me that it is the small mom-and-pop landlords that are basically taking properties off the market.

“My interest,” Nelson continued, “is in making sure that we are not driving small landlords out of the market” by passing too many renter protections that impose new requirements on landlords, such as the “first in time” law that requires landlords to rent to the first qualified applicant.

Councilmember Kshama Sawant, who said she supported Pedersen’s legislation, pushed back at the idea that landlords were going out of business because of renter protections. “That is a claim by landlords,” she said. “Nobody else is claiming that. The reality is that property values are skyrocketing. Are landlords selling because they don’t want to comply or because property values have gone through the roof and they can cash in on their property like never before? It’s totally their right and if they are selling their property, that’s their decision. But connecting it to increased renters rights is not appropriate.”