Tag: affordability

homelessness, housing, legislature

With an Eye on Preventing Homelessness, State Dems Introduce Tenant Protection Bills 
Graph showing strong correlation between rent increases and housing instability/homelessness
Homelessness is a housing crisis: As rents go up, so does housing instability.

By Andrew Engelson

Responding to Washington’s ongoing homelessness and housing affordability crisis—more than 25,000 people across the state live without permanent housing—several Democratic state legislators have introduced bills that would protect tenants and help prevent them from becoming homeless.

Last week, Reps Nicole Macri (D-43, Seattle), Alex Ramel, (D-40. Bellingham), and Strom Peterson (D-21, Edmonds) each introduced rent stabilization bills intended to give tenants advance notice of rent increases, set limits on how much landlords can raise rent, cap move-in fees, and give the state attorney general authority to pursue violations under the Consumer Protection Act. 

Separately. Gov. Jay Inslee proposed a $4 billion referendum that would raise the state’s constitutionally mandated debt limit to fund a host of new capital housing projects over the next six years. 

Lack of housing and high rents are the primary causes of homelessness, and the state Department of Commerce estimates Washington will need more than 1 million new homes by 2044, with more than half of those affordable to people earning 50 percent or less of the median income in their area. Though the rise in rents in Seattle actually tapered off slightly in the past year, rents in other cities across the state saw significant increases, including Bellingham (5.5 percent), Kent (8.9 percent), Renton (10.1 percent), SeaTac (9.4 percent) and Spokane (5.1 percent).

Macri’s bill would limit annual rent increases to 3 percent or the rate of inflation, capped at 7 percent per year, limit total move-in fees to the equivalent of one month’s rent, and give the state attorney general new power undert to investigate and prosecute landlords that flout the new rules

Shannon Corrick, a Safeway employee who lives in Cheney, a college town south of Spokane, spoke at a press briefing for Macri and Ramel’s bills this week, noting that in 2021, her landlord raised the rent on her $995-a-month, 3-bedroom house by $300. 

“He wasn’t very nice about it,” Carrick told PubliCola. “He was like: Well, that’s what the market will bear.” Since more than half of her minimum-wage income went to paying rent, Carrick had to move to an apartment that was much smaller. “I could have swallowed maybe 5 percent or 8 percent, because I could always pick up more hours or work some overtime or volunteer to work the holidays,” but not an increase of more than 30 percent, she said.

Macri’s bill would limit annual rent increases to 3 percent or the rate of inflation, capped at 7 percent per year. The bill would exempt buildings newer than ten years old from the caps. Macri’s legislation would also limit total move-in fees to the equivalent of one month’s rent, and give the state attorney general new power under the state Consumer Protection Act to investigate and prosecute predatory landlords that flout the new rules. 

“We have to respond to people who are homeless, and we have to do all that we can to keep people who are precariously housed in their homes,” Macri said.

Ramel’s bill would also limit annual rent increases to 3 percent or inflation, capped at 7 percent, but would allow landlords to “bank” rent increases—so, for instance, an apartment owner could choose to not raise the rent by 3 percent for five years, and then raise it 15 percent in the fifth year of a renter’s tenancy.

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Macri says allowing periodic larger increases would “invite more uncertainty for the tenants, but a lot less uncertainty than they have right now.” She notes that her bill also allows landlords to raise rent beyond the limits, but only if they can prove hardship or the need for large capital or repair costs. 

“Legislators like the concept of consumer protection, generally,” Macri said. “They like the framing of this as prohibiting predatory behavior.”

Peterson’s more modest bill would require landlords to give six months’ notice before any rent increase of more than 5 percent and allow tenants to terminate their leases, without penalty, at any time after learning their rent will be increasing by more than 5 percent. It would also cap late fees for rent paid more than five days after the date it’s due to $75.

A similar bill failed to pass out of committee last session. 

Peterson, who chairs the House housing committee, is optimistic about moving a host of housing reform and tenant protection legislation this year. “I think the tenor has changed,” Peterson said. “I think our caucus has changed. We have a bunch of new members that are the most diverse class that’s ever come in, and they’re extremely motivated when it comes to housing.” 

As part of this sea change, the House Democratic Caucus recently removed Rep. Gerry Pollet (D-46, Seattle) from a leadership position he had used to block pro-housing legislation, as PubliCola reported in December.

Macri noted that city and county jurisdictions aren’t affected by her bill or Ramel’s. “We can set statewide policy on rent stabilization,” she said, “But what neither of these bills do is expand the authority for local [governments].”

Other tenant protection legislation includes a bill from Rep. My-Linh Thai (D-41, Bellevue) that would require landlords to provide evidence of damage or disrepair in order to justify not returning deposits. Another bill that Peterson is co-sponsoring would give groups of tenants or nonprofits the opportunity to purchase manufactured home communities if they’re put up for sale. Peterson he crafted the legislation inspired by three manufactured home parks owned and operated by the Housing Authority of Snohomish County.

Katie Wilson, general secretary of the Transit Riders Union (and an occasional writer for PubliCola), says these tenant protection bills complement policies her organization and the Stay Healthy Stay Housed Coalition have been pushing in Seattle and across King County for several years, including limits on move-in fees and advance notice for rent increases.

“Macri’s bill is particularly exciting,” Wilson said, “because it deals with very large rent increases.” She noted that because state law prevents cities and counties from limiting rent increases, to have a state-level law “would be amazing.”

Macri noted that city and county jurisdictions aren’t affected by her bill or Ramel’s. “We can set statewide policy on rent stabilization,” she said, “But what neither of these bills do is expand the authority for local [governments].” Seattle City Councilmember Kshama Sawant recently floated the idea of a local $10 cap on late fees. 

The Washington Multi-Family Housing Association, an organization representing large apartment landlords, declined to comment to PubliCola and the Rental Housing Association of Washington, which generally represents smaller, independent landlords, did not respond to requests for comment.

Affordability, City Council, Elections, Mayor Durkan, Transit

Confirming the Chamber’s Colossal Loss, the “Innovative Affordable Portal” That Suggested Low-Income Bus Passes for My Nonexistent Kids, and More

1. Seattle council member-elect Alex Pedersen, whose campaign received about $70,000 in independent backing from the Seattle Metro Chamber’s Civic Alliance for a Sound Economy PAC, has reportedly made his first hire—neighborhood activist and longtime anti-density crusader Toby Thaler. Thaler, a fixture on the Fremont Neighborhood Council, was a leader of SCALE, a group that spent two years appealing the Mandatory Housing Affordability on the grounds that increased density in the city’s urban villages would destroy neighborhood character, trample the neighborhood plans of the ’90s, and harm the environment.

Thaler has also argued against density on the grounds that development only benefits wealthy interests. Neither Thaler nor Pedersen returned emails seeking confirmation and comment.

The hire confirms the sheer magnitude of CASE’s defeat in the November 5 election. Not only did all but one other Chamber-backed candidate lose to a more progressive opponent (Debora Juarez, an incumbent whose opponent was a firebrand conservative, was the highly unusual exception), the one winner they backed, Pedersen, is more likely to align with the dread socialist Sawant on anti-development measures like impact fees than to vote the Chamber’s interests.

Pedersen is also opposed to the downtown streetcar, which CASE supports, referred to the Housing Affordability and Livability Agenda as a “backroom deal for real estate developer upzones,” and opposed the most recent Sound Transit ballot measure on the grounds that the “biggest businesses” should pay their “fair share.” Sound familiar?

2. Mayor Jenny Durkan’s office sent out a press release Thursday touting a new “Affordable Seattle” portal that will “Help Residents Easily Determine If They Qualify for City of Seattle Discount Programs.” (Believe it or not, that’s less wordy than a typical Durkan press release subject line). The portal, which replaces a website Durkan rolled out in 2018 in at the same URL, is the first project to come out of the mayor’s much-touted Innovation Advisory Council, a group of local tech leaders brought together the summer before last to suggest tech- and data-based approaches to addressing problems such as homelessness and traffic.

I went to the portal (created by Expedia), plugged in my income (above the qualifying income for any assistance programs other than homeownership help), my household size (one) and a Southeast Seattle ZIP code and pressed the button marked “find services.”

My children can’t take advantage of free bus fare because they don’t exist. I’m not low-income and I don’t own a car, so I don’t qualify for the low-income RPZ program, which isn’t available where I live anyway. And even if I did qualify for Comcast’s low-income discount (I don’t), the company doesn’t serve the ZIP code that I provided at the beginning of my search.

The next page, titled “Your Program Eligibility,” suggested I might be interested in four programs: A low-income restricted parking zone permit for my car; college assistance for the graduating high-school seniors in my household; a low-income Internet assistance program from Comcast; and the ORCA Opportunity program, which is open to middle- and high-school students as well as certain public housing residents. When I entered an income of $120,000 a year, I got the same results.

As a household of one, my children can’t take advantage of free bus fare because they don’t exist. I’m not low-income and I don’t own a car, so I don’t qualify for the low-income RPZ program. If I had qualified, additional links provided on internal pages inside the portal (one of which is broken) would have reminded me that the permits are limited to specific areas, and that my neighborhood is not among them. And even if I did qualify for Comcast’s low-income discount (I don’t), the company doesn’t serve the ZIP code that I provided at the beginning of my search.

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I asked mayoral spokeswoman Kamaria Hightower why this portal—the very first deliverable from the IAC since it was announced to great fanfare well over a year ago—produced such unhelpful results.

Hightower says the system is programmed to tell everyone about all four of the programs recommended to me on the grounds that they might be eligible, and that it’s up to users to then follow the links to read more about the eligibility requirements for each individual program. Put a different way, it sounds like Expedia didn’t include income-based exclusions from certain programs, didn’t account for people who live alone (about 40 percent of all Seattle residents, as of the most recent American Community Survey), and didn’t bother linking services to the ZIP codes, much less street addresses, where they are actually available. They also don’t ask if users own a car, although several of the potential benefits are linked to car ownership. Continue reading “Confirming the Chamber’s Colossal Loss, the “Innovative Affordable Portal” That Suggested Low-Income Bus Passes for My Nonexistent Kids, and More” →

Affordability, City Council, homelessness, housing, Mayor Durkan, Renters, Transportation

Unanswered Questions from Durkan’s Housing Announcement

On Wednesday, city staffers, supporters of Mayor Jenny Durkan, and members of the media crowded into a  small black-box theater at the 12th Avenue Arts building on Capitol Hill to hear what was billed as a major speech outlining the mayor’s vision for affordable housing in Seattle. (Press, many of whom had expected the event would include an opportunity to ask questions, were relegated to a “reserved” row in the very back.)

Ultimately, the event—which consisted of a State of the City-style address outlining what the city has done on housing recently, followed by an announcement of two initiatives that were already in the works—didn’t make much news. Durkan said that Seattle plans to take advantage of a new state law allowing cities to use a portion of existing state sales tax for housing, by bonding against future revenues to get about $50 million for housing for formerly homeless people up front. And she said the city would extend the multifamily tax exemption program that gives developers a property tax exemption if they agree to set aside 20 percent of new units for low-to-middle-income renters for 12 years. (The city renews the tax break every three to five years).

In fairness, the MFTE announcement did include a bit of real news: Under Durkan’s plan, the city will cap rent increases at MFTE units at 4.5 percent a year. Under federal rules, potential (though not necessarily actual) rent increases for these units track to area median income—when median income goes up, say, 10 percent because a bunch of high-paid tech workers move into the city, rents for low-income people living in tax-exempt buildings can go up 10 percent as well, even though the people living in those units obviously aren’t seeing their incomes rise 10 percent every year. (In practice, huge annual rent increases for existing units would be out of scale with the overall market in many parts of town, although it does happen). Last year, the city used some creative math to freeze rent increases at MFTE properties to prevent apartment owners from raising rents at the rate of median income increases, but the 4.5 percent cap puts a firm limit on how much landlords can charge.

Otherwise, though, Durkan’s “Seattle Housing Now” announcement raised more questions than it answered. Here are some of those questions, along with a few potential answers.

• What’s going on with the pending sale of the Mercer Megablock?

Durkan provided a few sparse details about the pending sale of the Mercer Megablock, a three-acre city-owned site in South Lake Union that could bring in upward of $100 million. The mayor will likely announce a plan and buyer—reportedly Alexandria Real Estate Investment, Inc., a real estate investment trust that focuses on life science campuses—in the next two weeks. The mayor’s office recently briefed council members on the deal, sort of: Staffers reportedly showed council members a PowerPoint that contained few specifics, and took the document with them when they left.

What we do know from the mayor’s speech is that the new development will include some housing on site (the request for proposals for the project called for at least 175 rent-restricted units), and that the city will use some of the revenues from the sale to buy properties in areas with a high risk of displacement, to provide low-interest loans to struggling homeowners who want to build cottages in their backyards, and to fund homeownership opportunities.

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What was unclear from Durkan’s pre-announcement announcement was how she will propose splitting up those revenues among programs that help low-income renters, middle-income workers (the “teachers, nurses and firefighters” that are a frequent Durkan talking point) and higher-income homebuyers and homeowners. Some housing advocates had argued that the city should hang on to the megablock property and build affordable housing on the site, or, failing that, invest heavily in housing for low-income people who are being driven out of the city by rising rents. It remains to be seen how much Durkan took their pleas to heart, but programs for homebuyers and homeowners tend to be aimed at people making as much as 120 percent of median income, or about $130,000 for a family of four. (For a single person, 120 percent of median works out to $91,000). If Durkan’s plan for the megablock money is skewed toward subsidizing people making six-figure salaries, it will likely come under fire from the council; on seeing an early draft of the mayor’s ADU plan, council member Lorena Gonzalez reportedly responded that the high-income subsidy (a loan product aimed at people making up to 120 percent of median) would end up disproportionately benefiting  white homeowners, not people of color facing displacement in areas like the Central District. Her office says they’ve asked the mayor’s office to do a race and social justice analysis of the proposal, and that they’ve said they will.

The mayor will likely announce a plan and buyer—reportedly Alexandria Real Estate Investment, Inc., a real estate investment trust that focuses on life science campuses—in the next two weeks.

• Why didn’t the MFTE plan go further?

One perennial question about the multifamily tax exemption program is whether it results in enough  affordable housing to justify the cost, which amounts to about $26 million in lost taxes every year, according to the most recent program status report. The program ensures that between 20 and 25 percent of new units are available to people making between 65 and 85 percent of median income (a number that varies depending on the size of the unit and where it is in the city). The idea behind the 12-year tax break is that by the time the tax expires, new development elsewhere will have been built to meet demand at the top of the market, and the MFTE units will have depreciated in value to the point that rents will be affordable relative to the rest of the market. Because housing development hasn’t kept up with population growth, this hasn’t happened, raising the question of whether the subsidy is deep enough to justify the tax break for developers.

One perennial question about the multifamily tax exemption program is whether it results in enough  affordable housing to justify the cost, which amounts to about $26 million in lost taxes every year,

Options the mayor and her middle-income advisory council, which advised Durkan on the plan, could have proposed include lowering the income eligibility so that lower-income people could participate in the program, which would lower rents (currently, MFTE landlords can charge someone making 80 percent of median income $1,737 for a one-bedroom apartment, which is basically market rent); placing a more stringent cap on rent increases; or limiting the program to larger “family” units, on the grounds that the market is already producing lots of small units at rents basically equivalent to the units the program subsidizes with tax breaks.

• What’s up with the Uber/Lyft tax?

Durkan has been working since last year on a plan to tax Uber and Lyft rides to pay for a laundry list of transportation and housing programs, but the proposal has been slow to get off the ground. Uber and Lyft generally have opposed the plan, arguing that it won’t reduce congestion downtown, because ride-hailing services only amount to a small percentage of car trips downtown and because of a phenomenon called induced demand, where small reductions in congestion lead people to drive when they ordinarily wouldn’t have. The ride-hailing companies have called for broad congestion pricing on all downtown drivers, which (unlike a tax targeting them specifically) would require voter approval.

Durkan’s latest plan would reportedly fund new investments in housing with the tax. But  it’s unclear when—or whether—the mayor will actually release a final proposal. Another question, if Durkan does end up proposing the tax, is whether the revenues will go to capital investments (building new units) or operations and maintenance (the less flashy but critical work of running them). Permanent supportive housing units for very low-income people (like the ones that would be funded through the new sales tax revenues) are expensive to run because they (unlike regular apartments) require full-time staffing and case management. If the ride-hailing tax passes, that money could be used to build housing around transit stations (providing a nexus, sort of, to justify using a transportation tax to pay for housing) while the money from the sales tax can go toward O&M. Without the Uber/Lyft tax, that equation becomes more challenging.

Durkan’s latest plan would reportedly fund new investments in housing with a new tax on ride-hailing services. But  it’s unclear when—or whether—the mayor will actually release a final proposal.

• When is Durkan going to announce a new Office of Housing director?

Durkan told OH director Steve Walker (whose final day is today) he was out back in March. His deputy director, Miriam Roskin, went on sabbatical shortly after that and is not expected to return. Durkan has had four months to appoint a replacement for Walker, but has not yet done so. It’s unclear when the mayor will announce Walker’s replacement. In June, 30 housing advocacy groups sent a letter to the mayor outlining their values and recommendations for the hiring process—an effort, according to Puget Sound Sage policy and research analyst Giulia Pascuito, to “push back on [the] narrative we’ve seen from the Mayor’s office around ‘middle-income housing’ and to let the city know that advocates are paying attention” to the appointment.

• Why didn’t Durkan acknowledge state Rep. Nicole Macri (D-43), in her speech?

An oversight, perhaps—her official press release mentions Macri by name—but it was somewhat jarring that Durkan didn’t shout out one of the prime sponsors of HB 1406, the legislation that made it possible for the city to use sales tax revenues to fund housing, during her speech, which included praise for Macri’s co-sponsor, June Robinson, as well as house speaker Frank Chopp and state Sen. David Frockt.

Affordability, City Hall, Guest Contributor, housing

Families Come In All Sizes. Housing Choices Should, Too.

Editor’s note: This is a guest op/ed by More Options for Accessory Residences, a group that advocates for accessory dwelling units, such as backyard cottages and basement apartments. The city council’s Sustainability and Transportation committee will hold a public hearing on legislation making it easier for single-family property owners to build second and third units on Tuesday evening at 5:30.—ECB

Seattle needs thousands of homes for people of all ages, incomes and backgrounds over the next 10 years. Families come in all shapes and sizes—and housing choices should, too. Some families love the convenience, coziness and price of an accessory dwelling unit. There’s a lot of names for a second home within, or next to, an existing house: Granny Flats, Fonzie Flats, Pool Houses, Coach Houses, Kitchenette Units, Backyard Cottages, Basement Apartments, and so many more.

MOAR – More Options for Accessory Residents—supports more accessory dwelling units for the following reasons:

  • Climate Change: (D)ADUs are one way to add new neighbors to areas with frequent transit service. This means that people can live closer to their jobs, cultural communities, and more—which means less sprawl and less dependence on cars. (D)ADUs are also much more energy-efficient then single-family houses, cutting carbon emissions by as much as half.
  • Walkable Communities: (D)ADUs support small businesses by making it possible for more people to live within walking, biking, and easy transit distance of local mom-and-pop shops.
  • Aging in place:  The new legislation has built-in flexibility for people who want to build a one-story backyard unit, making it much easier to create opportunities to age in place. In cities that make it easy to build backyard apartments, many people move into the backyard cottage and rent out the front home to offset rising property taxes.
  • Intergenerational Living: (D)ADUs help create additional living spaces for children who need an affordable place to stay during or after college, aging parents, a relative who can babysit or fill in for child-care needs, or a relative who might need at-home care.
  • Parking Requirements: Let’s prioritize housing for people, not storage for cars. The proposed legislation takes away the requirement that homeowners add a new parking space to build a second unit. And it doesn’t count interior parking or storage space against the size limit. 

  • Affordability: Right now 75 percent of Seattle is off limits to new neighbors who can’t rent a whole house or come up with a down payment to buy one. ADUs & DADUs are one way to induce mixed-income neighborhoods and more equity without changing the zoning.
  • Land Owners, Home Owners, and Neighbors Who Rent: Right now, 20 percent of Seattle’s single-family houses are occupied by renters. Under the current rules, property owners with ADUs must live on site six months out of every year—a biased policy that prevents renters from accessing this housing and takes away property owners’ flexibility to live elsewhere. The proposed legislation will allow anyone, including renters, to live on a property with an attached or detached ADU. 
  • Out-of-scale homes: Right now, the city incentivizes removing small houses so the largest possible house—sometimes referred to as a “McMansions”—can be constructed. Based on census data, the average household size is declining but the average square footage of a house isn’t. The legislation would limit the size of new homes while encouraging ADUs and DADUs by not counting second and third units against development limits.

Adding 2,000 additional homes over the next ten years by reforming the city’s approach to ADUs is a very small step on the path to making our region affordable for all our neighbors, including the ones who haven’t moved here yet. If you support this vision, please show up to City Hall June 11 at 5:15 pm to rally for MOAR Housing.

MOAR (More Options for Accessory Residences; @moarseattle) is a group of Seattle residents concerned with the future of the city, housing availability and affordability. We have diverse backgrounds, experiences and housing situations, but we’re all Seattleites who want our city to allow more options for accessory residences—for us, our neighbors, and future generations.

Affordability, City Council, Density, Development, Equity, housing, human services, Morning Crank, neighborhoods, Renters, zoning

Morning Crank: “We Have Zoned Our City Backwards”
“I’m not calling anyone a racist. I am calling out the reality that we are living in a city that has a history of …  housing laws designed to keep certain people out of certain areas of the city, and as a policy maker, it is my duty to undo this history.”

After nearly five years of public hearings, open houses, legal challenges, amendments, and debate, the city council adopted the “citywide” Mandatory Housing Affordability plan on Monday by a 9-0 vote. The legislation (which does not actually apply citywide) will allow developers to build more housing in parts of the city where density is already allowed, and will allow additional housing, ranging from a second house to small apartment buildings, on about 6 percent of the land that is currently zoned exclusively for detached single-family houses.

In exchange for greater density, developers are required to build or pay a fee to build housing affordable to people making 60 percent or less of the Seattle median income. The amount developers will pay to build will be higher in areas where the city has determined the risk of displacement is high and access to opportunities is low, and lower in areas with low displacement risk and high access to opportunity. The city hopes that MHA will result in 6,000 units of new low-income housing over the next 10 years. The plan has already been partially implemented—six neighborhoods, including downtown, South Lake Union, and the University District—were upzoned two years ago

The rest of the city’s single-family areas, which occupy about 75 percent of the city’s developable residential land, will be untouched by the changes.

Public comment on Monday was dominated, as usual, by homeowners who argued that the proposed changes will “destroy” neighborhoods, rob property owners of their views, and—a perennial favorite—”ghettoize” places like Rainier Beach by forcing low-income people of color to live there.

The specter of “ghettos” was both explicit—two white speakers mentioned “ghettos” or “ghettoization” in their comments—and implicit, in comments from several white homeowners who expressed concern that their (unnamed, absent) friends and family of color would be displaced from their current neighborhoods. “I want to provide affordable housing to my children and grandchildren, who are of all colors, but I want to protect her [Seattle’s] natural beauty,” one speaker said, after inveighing against the potential loss of views from North Capitol Hill. Another speaker (also white) invoked her “many… friends and family of color [who] have been displaced from the Central District and particularly from Columbia City… to the Rainier Beach area, and now it s up for upzoning.” Where, she wondered, would these anonymous friends and family be forced to move next?

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After listening to more than an hour of such comments—including one white speaker who claimed that “upzoning is the new redlining”—the council’s women of color were eager to correct the record. Lorena González, whose own Mexican-American family would have been excluded from much of the city under both the formal racial covenants that ended in the 1940s and the unofficial redlining that replaced them, noted first that “this legislation is not even close to citywide—there are approximately 127 neighborhoods in the city, and this legislation only relates to 27 of them.” The remaining 100 neighborhoods, she said, are still “currently and strictly zoned exclusively single-family.”

She continued: “I’m not calling anyone a racist. I am, however, calling out the reality that we are living in a city that has a history of implementing and preserving housing laws designed to keep certain people out of certain areas of the city, and as a policy maker, it is my duty to undo this history and to support legislation to begin the process of dismantling… laws that are intended to exclude people who look like me from owning or living in a single-family home.”

Teresa Mosqueda added more historical context. “What we have done over the last few decades is we have zoned our city backwards,” she said, referring to the fact that as recently as the middle of the last century, multifamily housing was allowed on much of the land Seattle now preserves for exclusive single-family use. “I’m sad that we’re not actually having a conversation about citywide changes. That is the next conversation we need to have.”

“The only way to create universal access to housing is by building a housing-rich city.” – Council member Rob Johnson

Today’s vote served as a bit of a swan song for council member Rob Johnson, who is widely expected to step down after the end of April to start his new job as a transportation advisor to Seattle NHL. Johnson, who spent much of his single term shepherding the legislation, sounded a bit wistful as he closed out debate and called for a vote. After thanking city staffers, other council members, and his wife Katie, Johnson  noted the signs all over Seattle that oppose “build the wall” rhetoric. “Well, zoning is building a metaphorical wall around our city.” By adopting MHA, he said, “We’re starting the process of dismantling walls around our neighborhoods that have given exclusive groups sole access to the resource-rich communities around our city. … The only way to create universal access to housing is by building a housing-rich city.”

The battle over MHA is not over, of course. SCALE, the group that spent much of the last year and a half appealing the plan in front of the city’s hearing examiner, said in a statement Monday that they were “considering appealing the inadequately considered impacts of the MHA legislation to the [state] Growth Management Hearings Board.”

2. González and Mosqueda weren’t the only ones feeling salty before Monday’s big vote. Sally Bagshaw, who is also leaving the council after this year, took the opportunity to correct an op/ed by Queen Anne homeowner and anti-density activist Marty Kaplan that ran in this Sunday’s Seattle Times. Kaplan has spent much of the last several years appealing a city proposal that would allow homeowners to add up to two accessory dwelling units (one attached, one in the backyard) to their properties. The Times ran Kaplan’s factually challenged rant alongside a pro-MHA piece by Johnson, suggesting that an elected city council member and a neighborhood activist who spends his time fighting people’s right to build garage apartments are on roughly the same level.

“Here’s what makes me grumpy,” Bagshaw began. “There have been so many things that have been said on the con side of this that I just think have gotten in our way, and repeating untruths over and over against simply doesn’t make  something so.” Kaplan’s piece, Bagshaw continued, said that the city was “railroading” neighborhoods and would “eliminate all single-family zoning,” and “nothing could be further from the truth. We are going to be retaining 94 percent of the single-family zones,” Bagshaw said.

“Here’s what makes me grumpy. There have been so many things that have been said on the con side of this that I just think have gotten in our way, and repeating untruths over and over against simply doesn’t make  something so.” – Council member Sally Bagshaw

Bagshaw didn’t get around to demolishing all of the false and absurd claims in Kaplan’s editorial one by one, so I’ll add a couple more. Kaplan claims in his piece that allowing homeowners to build backyard or mother-in-law apartments on their own property will “eliminate single-family housing regulations citywide, erasing 150 years of our history.” Single-family zoning didn’t even exist 100 years ago, much less in 1869, 15 years after the Denny Party landed at Alki. Moreover, allowing people to retrofit their basements to produce rental income or add an apartment for an aging relative does not constitute a “threat to single-family neighborhoods”; rather, it’s a way for homeowners to stay in the neighborhoods where they live, and provide new people with access to those neighborhoods—a rare commodity in a city where the typical single-family house costs more than three-quarters of a million dollars. Kaplan even  suggested that “lame-duck politicians, who know they can’t get reelected” (four of the nine council members who voted for MHA are not running again) should not be “allowed” to vote on zoning policy, as if only universally popular politicians who plan to keep their seats forever should be allowed to vote in a democracy.

Kaplan isn’t done with his own fight against density. In an email to supporters last week, he vowed to continue appealing the environmental impact statement on the accessory dwelling unit proposal. Unlike some of Monday’s public commenters, Kaplan didn’t couch his opposition to density in concern for low-income homeowners or renters at risk for displacement. Instead, he was straightforward (not for the first time) about whose interests he cared about (emphasis mine): “Our ultimate goal: to negotiate a fair compromise that better meets the needs of all of Seattle’s homeowners,” Kaplan wrote. “Representing every Seattle neighborhood, our team of volunteers, professional consultants, and attorneys continue to advance our appeal to prove that the Environmental Impact Statement (EIS) is deficient and inadequate in studying and transparently revealing the true impacts to every Seattle property owner.“

3. Right at the beginning of yesterday’s meeting, council members voted to move the nomination of interim Human Services Department director Jason Johnson as permanent director out of Kshama Sawant’s human services committee and into the select committee on homelessness and housing, which is chaired by Bagshaw and includes the entire city council. Sawant has opposed Johnson’s nomination, arguing that Mayor Jenny Durkan did not institute a “transparent and inclusive process” for choosing an HSD director, and has held multiple hearings to give Johnson’s opponents opportunities to denounce him publicly. On Monday, she cited the results of a survey of HSD employees that revealed widespread dissatisfaction with management, particularly among workers in the Homeless Strategy and Investments division. Sawant said the council was “stabbing [communities] in the back” with the “shameful” decision to move the appointment out of her committee. Bagshaw’s proposal passed 7-2, with Mike O’Brien joining Sawant in opposition to the move.

City Council, Density, Development, Equity, housing, Seattle magazine, Urbanism, zoning

After Five Years, Seattle’s Scaled-Back Density Plan Moves Forward
Seattle's density plan gets a green light
Image credit: iStock

This post originally appeared on Seattle magazine’s website.

After almost five years, dozens of hearings, hundreds of public comments, multiple legal challenges, and enough environmental and legal analysis to fill a small apartment, the Seattle City Council is finally poised to pass the citywide Mandatory Housing Affordability (MHA) plan, which has been in the works, as part of the city’s Housing Affordability and Livability Agenda, since 2014.

The city council passed the plan out of committee on a unanimous 8-0 vote last Monday, February 25, a fact that is remarkable in itself. The council spent hours debating some final nuances of the legislation (and ultimately rolled back upzones in some areas), but all nine council members fundamentally agreed on the overall goal of building more housing, including affordable housing, throughout the city—a notable turnaround from just four and a half years ago, when a Seattle Times story on a leaked draft of the plan sparked so much backlash that then-mayor Ed Murray decided to scale back the proposal.

MHA allows developers to build taller, denser residential and commercial buildings in the city’s multifamily and commercial areas and urban villages—neighborhood centers, typically located along major arterial streets, that have long been designated for future growth because of their proximity to transit, jobs, and services. It also expands some of those urban villages to allow second houses, townhomes, duplexes, and small apartment buildings on about 6 percent of the land that is currently zoned exclusively for detached single-family houses.

The rest of the city’s single-family areas, which occupy about 75 percent of the city’s developable residential land, will be untouched by the changes. This was a major point of contention during the MHA deliberations. Urbanists pointed to Seattle’s history of redlining and studies showing that exclusive single-family zoning perpetuates racial and income inequality to argue that the city should get rid of single-family zoning altogether.

In exchange for greater density, developers are required to build or pay into a fund to build housing that is affordable to people making less than 60 percent of the Seattle median income—currently $48,150 for a family of two. The city hopes that MHA will result in 6,000 units of new low-income housing over the next 10 years. The plan has already been partially implemented—six neighborhoods, including downtown, South Lake Union, and the University District—were upzoned two years ago. The legislation the council has been considering for much of the last year concerns the rest of the city.

The plan, on the whole, is modest, and its impacts won’t be visible right away. In most places, it bumps land up just one or two zoning designations—allowing two-story stacked flats, for example, in areas where only townhouses are allowed today, or raising the maximum height for apartment buildings from 30 feet to 40. It also restricts most of the biggest changes to major arterials, which already tend to be pretty dense. And since many of the changes in MHA are subtle (houses built under a new type of zoning called Residential Small Lot, for example, may be virtually indistinguishable from houses built under the previous zoning), people living in single-family areas that get upzoned might not even notice the difference.

The city has prevailed against legal challenges to the plan so far. The most recent of these was in November, when a city hearing examiner ruled against neighborhood activists who claimed the city didn’t do a sufficient environmental analysis of the proposal. But the final legislation does include a “clawback” provision, supported by MHA opponents and sponsored by West Seattle council member Lisa Herbold. It states the council’s intent to invalidate any upzones implemented under the plan if a court finds MHA’s affordability requirements invalid in the future.

This was another point of contention. Opponents said including the clawback provision in the bill was an invitation to lawsuits, while proponents argued that the provision ensured that developers wouldn’t get “something for nothing”—that is, if a court ruled against the city’s affordable-housing requirement, they wouldn’t be allowed to build denser housing anyway.

The full council is expected to approve the final MHA plan on March 18.