The state of Washington recently passed groundbreaking legislation that overrides cities’ authority to restrict land to single-family homes only. This move is aimed at promoting housing diversity and increasing housing development throughout the state. However, the new rules come with certain exceptions, particularly in some of the wealthiest neighborhoods, such as Broadmoor in Seattle and Innis Arden in Shoreline. While these exclusive areas can maintain their single-family home status, surrounding neighborhoods will experience significant changes.
The New Legislation: Key Points
Under the recently passed House Bill 1110, all cities in Seattle’s suburbs, regardless of size, must allow at least duplexes throughout. Similarly, cities statewide with over 25,000 people must also allow duplexes. Larger cities with over 75,000 people, including Seattle, must go a step further and allow at least fourplexes. These requirements aim to increase housing options and accommodate population growth.
However, homeowner associations and common interest communities with preexisting contracts or documents governing their zoning rules are exempt from these new requirements. The legislation cannot retroactively change the conditions set forth in these legal documents. The only exceptions are when laws are needed to protect public health and safety.
The Impact on Wealthy Neighborhoods
Wealthy neighborhoods like Broadmoor and Innis Arden will retain their single-family home exclusivity while surrounding areas open up to new development. These neighborhoods have historically been associated with restrictive covenants and racial exclusions, which have shaped their communities over the years. The legislation’s exemption for these neighborhoods has raised concerns about perpetuating inequality and further limiting housing diversity.
The Need for Middle Housing
The House Bill 1110 is part of a broader legislative push to increase housing development in Washington. The state’s Department of Commerce estimates that over the next two decades, Washington needs to build an additional one million homes to keep up with population growth. The focus is on promoting middle housing options such as duplexes, townhomes, and backyard cottages. These housing types provide more units than single-family homes but are smaller than apartment buildings.
Challenges for Homeowner Associations
While the new legislation promotes housing diversity, it does not address preexisting agreements within homeowner associations. These associations have previously faced restrictions on their autonomy, such as limitations on barring child care centers or prohibiting political signs. However, the legislation stops short of applying zoning changes retroactively to existing contracts within homeowner associations.
Impact on Seattle and the Eastside
The legislation’s impact on Seattle’s Eastside, specifically in neighborhoods like Issaquah, is significant. Cities with populations between 25,000 and 75,000, including Issaquah, must allow duplexes almost everywhere, with the exception of critical areas. Fourplexes are permitted if they are within a quarter-mile of a major transit stop or if one of the units is designated for low-income housing.
Overdale Park, an Eastside neighborhood in Issaquah, exemplifies how the legislation will affect residents. Due to its proximity to major transit stops and the lack of sewer service, Overdale Park will likely only be allowed to bring in two units per lot, rather than four. This limitation means that duplexes or cottage housing options are available. Cottage housing involves residential units on a lot with common space, while duplexes consist of two apartments with separate entrances.
The Role of Homeowner Associations in Restricting Development
Overdale Park does not have any restrictive covenants or deeds in place within its homeowner association bylaws. This lack of preexisting agreements is crucial, as it allows the new legislation to impact the neighborhood’s zoning rules. However, in other neighborhoods, restrictive covenants may impede the implementation of the legislation. Homeowner associations with established restrictive covenants can maintain their single-family home status, further perpetuating exclusivity.
The Impact on Affordability and Diversity
Proponents of the legislation argue that it will diversify neighborhoods by offering different price points and increasing housing options. They believe that the exclusion of wealthy neighborhoods from the legislation creates an inequitable situation. Critics, on the other hand, express concerns that the legislation will lead to increased density and traffic problems. The debate highlights the ongoing tension between promoting housing diversity and preserving the character of exclusive neighborhoods.
The Wider Impact of the Legislation
The impact of the new legislation extends beyond Seattle and the Eastside. Cities like Shoreline face challenges in implementing the legislation due to homeowner associations with restrictive covenants. These covenants have historically posed obstacles to development, particularly around upcoming light-rail stations. The presence of restrictive covenants has delayed multiple projects and hindered efforts to address the housing shortage in these areas.
Balancing Progress and Preservation
Washington’s new legislation to override single-family zoning restrictions presents a significant shift towards housing diversity and increased development. While the legislation aims to address the growing housing crisis and promote equity, it also highlights the challenges posed by preexisting agreements within homeowner associations. Balancing progress and preservation remains an ongoing debate as communities navigate the complexities of promoting affordable housing while respecting property rights and historical contexts.
As Washington moves forward with implementing the legislation, further consideration may be necessary to ensure that the utmost authority is exercised in changing housing conditions for the better. The legislation represents a step towards a more inclusive and diverse housing landscape, but additional work may be required to address the concerns and disparities raised by the exemption of wealthy neighborhoods.
Closing Thoughts
Interpreting this information can be overwhelming and often difficult when you’re not fully immersed in this information consistently. If you have concerns about how this will impact your neighborhood, buying, or selling interests in the future, please reach out. I’m always here to answer questions and help provide information and resources related to real estate in the area.