Housing developers and local governments can now go through a state-led dispute resolution process if a city refuses to permit emergency and temporary housing for people who are homeless.
Earlier this month, the Department of Commerce launched the program to encourage more permitting of shelters, transitional and emergency homes, and permanent supportive housing, which includes services like mental health support or employment resources.
By 2044, Washington needs more than 1.1 million new homes, including 220,000 emergency and temporary housing units across the state. Counties, cities and towns are required to accommodate some of this housing under their land use and zoning plans, but permitting these projects at the local level can be difficult.
“There’s a lot of communities that are doing great things to allow this housing, but there are also a lot of communities that are having trouble accepting these targets and planning for them because there’s a lot of fear about what they could entail,” said Laura Hodgson, housing planning and data manager at the Department of Commerce.
To help address concerns from communities and local governments, the Legislature set aside $600,000 in the budget this year to help the Department of Commerce set up a system to resolve disputes around these projects.
The funding came after a bill to set up a similar program failed to pass the Legislature earlier this year.
House Bill 2474 would have allowed the Department of Commerce to resolve disputes between cities and organizations trying to develop supportive housing, and if mediation failed, it could have held back state funding from cities found to be out of compliance with state law.
The proposed legislation came after the city of Kenmore canceled an affordable housing project amid an outcry from residents. The project was moved to nearby Redmond.
The mediation proposal received backlash from Republicans in the Legislature. They said it took away too much local control and that local governments are best positioned to address homelessness in their communities. Democrats, on the other hand, supported the bill, which they said targeted localities that consistently refuse to permit these projects.
The bill passed the state House of Representatives but never got a vote in the Senate.
Lawmakers then turned to the budget and included funding for Commerce to set up the resolution process, just without the penalties for local governments.
How it works
Before dispute resolution takes place, Hodgson said cities and developers should already be having conversations about the project and working with the community to get them on board.
The state has guidance to help start these discussions and grants to help cities plan for this type of housing, she said.
If the resolution process is necessary, it can be used in four different scenarios: if a local government denies a permit, if disputes arise during the permitting process, if a local government’s regulations are too strict to allow for permitting the project, or if a local government attempts to close an already operating housing project.
Either party can request dispute resolution through the Department of Commerce, and if the department considers the situation eligible, it will notify both parties who both have to agree to go through the process before it can start.
From there, the department will connect the parties with a contracted dispute resolution specialist who will take over the process.
Solutions could include things like land use changes to allow for the permitting of the project or changes to the project to fit local land use requirements.
Hodgson said a few people have already brought up some potential projects that could benefit from the dispute resolution, but it’s still too early for anyone to have completed it.
She encouraged anyone who wants to advocate for more housing options to go to their local officials who are likely in the process of updating their land use plans now, as many local governments have deadlines for their comprehensive plans in the next two or three years.
By allowing more temporary and permanent supportive housing, people who are experiencing homelessness can have more access to a safe place to live, Commerce spokesperson Penny Thomas said.
“This housing is really important to addressing the homelessness crisis,” Thomas said. “It’s an important community and there just isn’t enough.”
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