The MBA and the homebuilding industry in the city of Seattle won a decisive victory recently. In the matter of Bendare Dundat v. City of Seattle (Master Builders Intervenor), Judge Barbara Mack issued a decision overturning the City's 'qualifying lot' design review ordinance for being in violation of RCW 82.02.020.

The Court determined that the ordinance imposes direct and indirect costs on projects and developers that are neither reasonably necessary nor the direct result of the proposed development. As the Court stated, "It is hard to fathom how costs and fees could be reasonable and necessary for the smaller project, but not for the first, more impactful project on the adjacent property." Finally, the Court found the city admitted that the ordinance was designed to mitigate collective impacts, not the impact of any individual project—this is the very thing that violates RCW 82.02.020.

The MBA is very happy to have been able to provide financial support to pursuing this matter in court, and the outcome is a collective benefit to developers and builders in Seattle. The MBA will continue to identify ways in which it can work to improve housing affordability within Seattle.

MBAKS has released a new middle housing issue brief to support successful implementation of House Bill 1110. The new brief, Middle Housing Implementation Plan, contains process and model code recommendations for cities subject to HB 1110, as well as tools and resources related to middle housing.

MBAKS’ overarching suggestion for cities implementing middle housing is to keep it simple. The easier and more cost-effective it is to build middle housing, the more likely it is to be built, and the more attainable it will be for those looking for a place to call home. The recommendations in the issue brief were informed by the work of MBAKS’ Ad Hoc Middle Housing Advisory Group and are designed to streamline the review process and facilitate more housing choices.

Allowing more middle housing will enable cities to better plan for a spectrum of housing choices so that current residents, newcomers, and future generations may find a home that best fits their lives. View Middle Housing Implementation Plan.

MBAKS held its annual Housing Solution Breakfast on October 17, gathering elected officials, industry leaders, city staff and housing partners to elevate the importance of successful middle housing implementation. The event emphasized the partnership it will take to do it right. We used the program to strengthen our messaging on middle housing policy and acknowledge the hard work ahead for many cities.

This year we were joined by 140 guests with over 35 public officials in attendance. The program opened with a video featuring MBAKS homebuilder members and Redmond Mayor Angela Birney. The video highlights the importance of our shared work implementing House Bill 1110 at the local level.

Our Keynote speaker, Morgan Shook, Senior Policy Analyst and Partner at ECONorthwest, provided an overview of Oregon’s middle housing efforts, what’s working and what’s not. Key takeaways include:

• Graduated floor area ratio (FAR) limits encourage the development of more small units.
• Removing minimum parking requirements is another way to facilitate middle housing.
• Local governments should use caution when regulating frontage improvements or other infrastructure upgrades. These costs are substantial and impact financial feasibility, creating an unsurmountable barrier and resulting in fewer homes.
• View the full slide presentation here.

Attendees also had the opportunity to hear from Josh Brown, Executive Director at Puget Sound Regional Council and Cathy MacCaul, Advocacy Director at AARP of Washington. Each brought their unique perspective and emphasized why this work is so important for meeting our region’s housing needs.

To learn more about MBAKS’ efforts on Middle Housing implementation, please see MBAKS Middle Housing Implementation Plan.

And don’t forget to read about middle housing in the news! MBAKS and members partnered to publish three editorials this year in support of successful middle housing implementation. Read more here.