Chapter 35.83 RCW

This act may be referred to as the "Housing Cooperation Law."

It has been found and declared in the housing authorities law that there exist in the state unsafe and insanitary housing conditions and a shortage of safe and sanitary dwelling accommodations for persons of low income; that these conditions necessitate excessive and disproportionate expenditures of public funds for crime prevention and punishment, public health and safety, fire and accident protection, and other public services and facilities; and that the public interest requires the remedying of these conditions. It is hereby found and declared that the assistance herein provided for the remedying of the conditions set forth in the housing authorities law constitutes a public use and purpose and an essential governmental function for which public moneys may be spent, and other aid given; that it is a proper public purpose for any state public body to aid any housing authority, including social housing public development authorities, operating within its boundaries or jurisdiction or any housing project located therein, as the state public body derives immediate benefits and advantages from such an authority or project; and that the provisions hereinafter enacted are necessary in the public interest.

The following terms, whenever used or referred to in this chapter shall have the following respective meanings, unless a different meaning clearly appears from the context:

(1) "Cross-subsidized" means the rate of rents for high-income households supporting lower rates of rents for low-income and moderate-income households.

(2) "Federal government" shall include the United States of America, the United States housing authority, or any other agency or instrumentality, corporate or otherwise, of the United States of America.

(3) "Governing body" shall mean the council, the commission, board of county commissioners or other body having charge of the fiscal affairs of the state public body.

(4) "High-income household" means a single person, family, or unrelated persons living together whose adjusted income is at least 120 percent of the median household income adjusted for household size, for the county where the household is located, as reported by the United States department of housing and urban development.

(5) "Housing authority" shall mean any housing authority created pursuant to the housing authorities law of this state.

(6) "Housing project" shall mean any work or undertaking of a housing authority pursuant to the housing authorities law, any work or undertaking of a social housing public development authority, or any similar work or undertaking of the federal government.

(7) "Low-income household" means a single person, family, or unrelated persons living together whose adjusted income is at or below 80 percent of the median household income adjusted for household size, for the county where the household is located, as reported by the United States department of housing and urban development.

(8) "Moderate-income household" means a single person, family, or unrelated persons living together whose adjusted income is at least 80 percent but below 120 percent of the median household income adjusted for household size, for the county where the household is located, as reported by the United States department of housing and urban development.

(9) "Social housing" means subsidized and cross-subsidized rental housing that is made available to households of any income level, including low-income, moderate-income, and high-income households, and publicly owned in perpetuity by a social housing developer.

(10) "Social housing public development authority" means any public corporation created under RCW 35.21.730(5) for the purpose of developing, maintaining, and operating social housing.

(11) "State public body" shall mean the state of Washington and any city, town, county, municipal corporation, commission, district, authority, other subdivision or public body of the state.

(12) "Subsidized" means the use of a financial contribution in the form of a payment, grant, or other conveyance received by a social housing public development authority from a governmental entity to reduce the rate of rents imposed for low-income households.

Reviser's note: The definitions in this section have been alphabetized pursuant to RCW 1.08.015(2)(k).

For the purpose of aiding and cooperating in the planning, undertaking, construction or operation of housing projects located within the area in which it is authorized to act, any state public body may upon such terms, with or without consideration, as it may determine:

(1) Dedicate, sell, grant, convey, or lease any of its interest in any property, or grant easements, licenses or any other rights or privileges therein to a housing authority, a social housing public development authority, or the federal government;

(2) Cause parks, playgrounds, recreational, community, educational, water, sewer or drainage facilities, or any other works which it is otherwise empowered to undertake, to be furnished adjacent to or in connection with housing projects;

(3) Furnish, dedicate, close, pave, install, grade, regrade, plan or replan streets, roads, roadways, alleys, sidewalks or other places which it is otherwise empowered to undertake;

(4) Plan or replan, zone or rezone any part of such state public body; make exceptions from building regulations and ordinances; any city or town also may change its map;

(5) Cause services to be furnished to the housing authority or social housing public development authority of the character which such state public body is otherwise empowered to furnish;

(6) Enter into agreements with respect to the exercise by such state public body of its powers relating to the repair, elimination or closing of unsafe, insanitary or unfit dwellings;

(7) Employ (notwithstanding the provisions of any other law) any funds belonging to or within the control of such state public body, including funds derived from the sale or furnishing of property or facilities to a housing authority or social housing public development authority, in the purchase of the bonds or other obligations of a housing authority or social housing public development authority; and exercise all the rights of any holder of such bonds or other obligations;

(8) Do any and all things, necessary or convenient to aid and cooperate in the planning, undertaking, construction or operation of such housing projects;

(9) Incur the entire expense of any public improvements made by such state public body in exercising the powers granted in this chapter;

(10) Enter into agreements (which may extend over any period, notwithstanding any provision or rule of law to the contrary), with a housing authority or social housing public development authority respecting action to be taken by such state public body pursuant to any of the powers granted by this chapter. Any law or statute to the contrary notwithstanding, any sale, conveyance, lease or agreement provided for in this section may be made by a state public body without appraisal, advertisement or public bidding: PROVIDED, There must be five days public notice given either by posting in three public places or publishing in the official county newspaper of the county wherein the property is located; and

(11) With respect to any housing project which a housing authority or social housing public development authority has acquired or taken over from the federal government and which the housing authority or social housing public development authority by resolution has found and declared to have been constructed in a manner that will promote the public interest and afford necessary safety, sanitation and other protection, no state public body shall require any changes to be made in the housing project or the manner of its construction or take any other action relating to such construction.

In connection with any housing project located wholly or partly within the area in which it is authorized to act, any state public body may agree with a housing authority, a social housing public development authority, or the federal government that a certain sum (in no event to exceed the amount last levied as the annual tax of such state public body upon the property included in said project prior to the time of its acquisition by the housing authority or social housing public development authority) or that no sum, shall be paid by the housing authority or social housing public development authority in lieu of taxes for any year or period of years.

Any city, town, or county located in whole or in part within the area of operation of a housing authority or social housing public development authority shall have the power from time to time to lend or donate money to such housing authority or social housing public development authority or to agree to take such action. Such housing authority or social housing public development authority, when it has money available therefor, shall make reimbursements for all such loans made to it.

The exercise by a state public body of the powers herein granted may be authorized by resolution of the governing body of such state public body adopted by a majority of the members of its governing body present at a meeting of said governing body, which resolution may be adopted at the meeting at which such resolution is introduced. Such a resolution or resolutions shall take effect immediately and need not be laid over or published or posted.

The powers conferred by this chapter shall be in addition and supplemental to the powers conferred by any other law.

For the purpose of aiding the board of commissioners of a housing authority or social housing public development authority in carrying out the board's duties or powers under any applicable law, any state public body may, with or without consideration, provide monetary, in-kind, or other support to the board of commissioners of a housing authority or social housing public development authority. Such support may not be for the purpose of compensation for a commissioner for his or her services rendered to the housing authority or social housing public development authority.