Tag: Gerry Pollet

Affordability, Courts, Density, housing, Morning Fizz, Renters, State of Washington, Taxes

Olympia Fizz: More Calls for Inslee to Reject Weakened ADU Bill; State Rejects Eyman’s Anti-Capital Gains Tax Efforts

1. A pro-renter outcry against watered-down state legislation emerged this week when two dozen organizations and businesses signed on to a letter, originally drafted by the progressive Sightline think tank; the Sightline letter, which we reported on last week, asks Gov. Jay Inslee to issue a partial veto of accessory dwelling unit legislation that state representatives amended with anti-renter provisions.

Joining Sightline in a mini-rebellion against the House Democrats’ changes? The AARP of Washington, Climate Solutions, 350 Seattle, Amazon, the Washington State Labor Council, SEIU 775, and the Sierra Club, among others.

As we reported, the initial proposal, by state Sen. Marko Liias (D-21, Edmonds), would have banned owner-occupancy for secondary units, such as backyard cottages, allowing renters to live in both single-family houses and their accessory units—opening up exclusive single-family neighborhoods to more people. However, state Rep. Gerry Pollet (D-46, North Seattle) kicked off a House process that led to a radical rewrite, allowing owner occupancy mandates and imposing new restrictions designed to prevent homeowners from renting out their secondary units as Airbnbs.

Joining Sightline in a mini-rebellion against the House Democrats’ changes? 350 Seattle, AARP Washington, Climate Solutions, the Washington State Labor Council, and the Sierra Club, among many others.

“ADUs alone will not solve the state’s housing shortage,” the letter says. “But they are the gentlest way communities can add relatively affordable homes that offer lower income families more choices and allow seniors to age in place.”

2. Coming off yet another major legal loss, anti-tax activist Tim Eyman has stumbled again. The Republican Washington Secretary of State’s office threw out all four of Eyman’s anti-capital gains tax (SB 5096) referendum proposals.

The capital gains tax bill, which passed this year, would impose a 7 percent tax on capital gains of $250,000 or more, but conservatives are already champing at the bit to stop it from taking effect. Earlier this week, two conservative groups filed lawsuits against the bill, arguing that it constitutes an unconstitutional income tax.

Rejecting the measures, Washington State Director of Elections Lori Augino cited the bill’s necessity clause, an amendment added by Rep. Noel Frame (D-36, Seattle), which says that the tax is “is necessary for the support of the state government and its existing public institutions.” This places it outside the scope of citizens’ referendum power, Augino wrote.

Eyman’s referendum method would have been the safest option for conservatives to stop the bill. The other options are a lawsuit or a voter initiative, which requires twice as many signatures—about 325,000, or 8 percent of the votes cast in the last gubernatorial election.

While the lawsuits could also upend the Democrats’ plans, they may also backfire on the conservatives. The Washington State Supreme Court could uphold the tax by ruling that it’s an excise tax, not an income tax. Or they could overturn a 1933 decision that defined income as property, which, under the state constitution, must be taxed at a 1 percent uniform tax rate. If the court overturns that ruling, Democratic lawmakers would finally have the opportunity to pass a graduated income tax in the state.

Density, Elections, Equity, homelessness, housing, Mayor Durkan, Morning Fizz

Community Groups Support Equitable Development Staffers; Sidran Opposes “Compassion Seattle”

1. Members of Seattle’s Equitable Development Initiative board, along with dozens of community organizations, signed a letter of support for two EDI leaders at the city’s Office of Community Planning and Development who wrote a scathing letter late month accusing Mayor Jenny Durkan and OCPD of emotionally abusing EDI staff while sowing division among the communities EDI is supposed to support.

“As community stakeholders and EDI Board members, we… have witnessed the emotional labor required of EDI staff, valued for their deep ties to community, but directed to lead this program in a way that has perpetuated inequities for those it purports to serve,” the letter of support says. “The City of Seattle, OPCD, and the EDI must do better by BIPOC staff and community organizations.”

EDI manager Ubax Gardheere and EDI strategist Boting Zhang wrote an open letter last week saying they were taking a “mental health break” from the city. “Our bodies have been weaponized in an institution that historically and presently has actively fought against you, and you have sensed this,” they wrote.

The Equitable Development Initiative began in 2015 under then-mayor Ed Murray as a revolving fund intended to advance community-led projects in areas of the city with a high risk of displacement and low access to opportunity. None of four demonstration projects that were chosen to launch the initiative have been built.

By saying “it is city policy” to avoid dispersing people unless they’re impeding the use of public spaces, the former city attorney argues, the amendment will make it impossible for the city to sweep anyone, including, potentially, someone who is “blocking traffic by pitching a tent in the middle of 5th Ave. downtown.”

During last year’s budget process, Durkan proposed eliminating a long-promised $30 million fund to pay for EDI projects out of the proceeds of the Mercer Megablock sale, citing the pandemic; the council restored the funds, but EDI proponents saw Durkan’s willingness to defund the initiative as a betrayal.

Since then, the mayor has appointed her own Equitable Communities task force to recommend spending priorities for $100 million in investments in BIPOC communities, which includes the $30 million; some advocates have criticized the makeup of the task force, saying it is composed largely of Durkan allies and groups that are seeking a slice of the money.

“When she set up the task force, a lot of people didn’t want to join,” Yordanos Teferi, of the Multicultural Community Center, recalled. “And then we learned that those who did join the task force were not coming into the process trying to advocate for communities at large—they were just advocating for their own projects or their own organizations.” The MCC, along with Africatown, the Ethiopian Community in Seattle, Puget Sound Sage, Friends of Little Saigon, and more than two dozen other groups, signed the letter of support.

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2. Former Seattle city attorney Mark Sidran—best known for defending the Teen Dance Ordinance, impounding people’s cars over expired driver’s licenses, and, oh yeah, supporting a zillion laws aimed at criminalizing homelessness—opposes the Compassion Seattle Charter initiative. Continue reading “Community Groups Support Equitable Development Staffers; Sidran Opposes “Compassion Seattle”” →

Affordability, Density, housing, land use, legislature, zoning

House Democrats Gut Pro-Renter Backyard Cottage Bill

by Leo Brine

As the legislative session in Olympia ended this week, Democratic lawmakers celebrated the list of historic, progressive bills they passed, such as a capital gains tax, a new clean fuels standard, and police reform.

But as usual, legislators’ attempt to increase access to affordable housing by changing outdated zoning rules  ended in disappointment.

Earlier this year, Sen. Marko Liias proposed legislation (SB 5235) to loosen restrictions on accessory dwelling units—secondary units, such as backyard cottages, that are “accessory” to single-family homes— in cities and counties that are required to plan under the state Growth Management Act. The bill would have banned local governments from imposing owner occupancy requirements for ADUs, except in limited circumstances.

Many cities and counties require property owners to live on site order to rent an accessory unit, effectively prohibiting situations in which renters occupy both the primary house and its secondary apartment. Allowing property owners to live elsewhere would have expanded opportunities for renters to live in cities, including in single-family areas that are often prohibitively expensive.

The original bill passed the senate easily 43-6. However, by the time the bill made it out back to the state senate from the house, it included new changes that effectively gutted the legislation. The bill that eventually passed includes a loophole allowing cities to opt out of the new restrictions and impose owner occupancy requirements on a neighborhood by neighborhood basis, simply by going through a brief public feedback process. The changes prompted Liias to remark sarcastically, “Sometimes when we pass a bill out of the Senate and send it over to the House, they really transform it into something even better and stronger than it was before. … This is not one of those cases.”

In fact, one of the original supporters of the bill, the progressive Sightline think tank, sent a letter to Governor Jay Inslee this week asking him to veto several sections the House added to Liias’ bill, writing that the original bill “would have lifted local prohibitions on renters residing in properties with accessory dwelling units. These rules not only discriminate against renters, but are a major impediment to the addition of ADUs. The final version as amended by the House would solve neither problem, and all told, would likely amount to a step backward on ADU policy for the state.”

“The final version as amended by the House would …would likely amount to a step backward on ADU policy for the state.”

The changes to the bill began in the House Local Government Committee, whose chair, Rep. Gerry Pollet (D-46, North Seattle) told PubliCola the original bill was “a technical nightmare,” and “needed dramatic revision.” Calling the bill his committee passed a work-in-progress, Pollet said he expected other legislators to make further amendments before passing the bill.

Pollet’s amendments, however, did not seem technical. Nor was the House able to restore the bill to anything resembling its former self before sending it back to the senate for final passage. In his committee, Pollet scaled back Liias’ pro-renter mandate by allowing cities and counties to keep owner occupancy rules as long as they allowed property owners to apply for exemptions, leaving it up to cities to decide whether claims for exemptions were legitimate.

Pollet’s version would have also given cities two years after their next required GMA comprehensive plan update to implement the regulations. Washington cities and counties must update their comprehensive plans every eight years; under the current schedule, some jurisdictions would not have to update their owner occupancy rules until 2027.

Reflecting on the committee’s amendments, Sen. Liias said: “Cities don’t like being told what to do. A lot of cities are deeply suspicious of renters—they treat renters with disdain. I think ultimately the language in the house committee amendment reflected that anti-renter sentiment from cities.”

Continue reading “House Democrats Gut Pro-Renter Backyard Cottage Bill” →