Why Does This Seattle Affordable Housing Provider Evict So Many Tenants?

Image result for lihi housing seattleThis story originally appeared on Seattle magazine’s website.

Private landlords aren’t the only ones taking tenants to court for unpaid rent in Seattle. As “Losing Home” points out (the September 2018 report on eviction from the Seattle Women’s Commission and the King County Bar Association’s Housing Justice Project), nonprofit housing providers are also evicting low-income renters, often for what appear to be very small amounts of rent, typically less than $1,000. Of all the nonprofit providers that turned up in the groups’ survey of evictions in Seattle in 2017, one—the Low Income Housing Institute—stood out, not only for initiating more evictions than any other provider, but for charging legal fees that often far exceeded the amount of rent a tenant owed, according to the report.

“[I]n cases where the Low Income Housing Institute (LIHI) sued a tenant for nonpayment of rent, the median rent demanded was $551 and the median legal costs added to the tenant’s balance was $761.25,” the report states. (Tenants who lose eviction cases, including tenants who live in nonprofit-run housing, typically have to pay attorneys’ fees in addition to whatever they owe their landlords. These fees are not capped and are frequently more than the amount of unpaid rent a tenant owes.) “Given that LIHI specializes in providing affordable housing to low-income tenants, the imposition of an additional $761.25 to the tenant’s balance is substantial and likely to interfere with the tenant’s ability to find new housing in the future.” In 2017, the report notes, LIHI initiated 54 eviction cases in Seattle over unpaid rent, and ended up evicting all but eight of those tenants.

“When we look at the overall eviction rates, LIHI is a lot higher than all the other” nonprofits, says Edmund Witter, managing attorney for the Housing Justice Project. “They evicted pretty much everyone they actually started an eviction against.” According to the data used in the report, the amount evicted tenants owed LIHI ranged from $49 to $1,250. “In all cases in which the Low Income Housing Institute sought back rent at or below $500, the tenant was evicted,” the report concludes.

LIHI director Sharon Lee says the organization “go[es] out of our way to help people by getting our social managers or caseworkers to help them find funds so that they can pay the rent, and we’re very generous when it comes to payment plans.” But, she adds, the organization has to draw lines. “Even if you are very sympathetic, if you let a whole group of people [go without paying rent], and then they tell their neighbors, ‘I’m not paying the rent,’ it will start affecting our ability to operate our housing. If we want to be developing more housing, we can’t say to our funders, ‘The budget is just out of whack and we need more subsidies.’”

It’s notable, however, that other nonprofit housing providers that serve formerly homeless clients, such as Pioneer Human Services, Catholic Community Services and Catholic Housing, Services of Western Washington, and the Downtown Emergency Service Center (DESC), rarely appear to evict tenants for failing to pay rent. According to court records, DESC evicted seven people in 2017, all for violations unrelated to rent, including violence against staff, dealing drugs and trafficking in stolen goods. “We try to come up with solutions to avoid people losing their housing,” says DESC director Daniel Malone. “We regard housing loss as a failure of ours, not just of the person.” Like Lee, Malone says that unpaid rent adds up and can eat into his organization’s bottom line; however, Malone says DESC is “not about to kick someone out on the streets [simply] because of unpaid rent.”

Lee contends that neither the raw data nor the eviction filings themselves reflect every reason for an eviction. “It could be nonpayment of rent, it could be breaking the lease, it could be violence, [or] in some cases, it could be housekeeping—if the unit fails a government inspection,” Lee says. “We also have people who intentionally do damage [or] who refuse to follow direction when it comes to pest control or bedbugs.” At the request of Seattle magazine, Lee looked at three specific cases, chosen at random from the 54 nonpayment cases listed in the report. For all three, Lee cited additional violations that she said contributed to LIHI’s decision to evict, including “violent and threatening behavior” toward other tenants, unauthorized guests and refusal to accept case management.

“We try not to evict people, because we don’t want to have people return to homelessness,” Lee says. “But we also know that some people, particularly young adults, may not work out in one place, and they may go somewhere else and have it be a good fit. We have housed people who have been evicted from DESC. It’s not like only one agency takes the ‘tough’ people.”

See my story on Seattle’s eviction court here.

In Seattle’s Eviction Court, Where the Deck Is Stacked Against Tenants, Eviction Reform Could Change the Game

This story originally appeared in the February 2019 issue of Seattle magazine.

The most surprising thing about Seattle’s eviction court is that most of the action doesn’t take place in a courtroom at all—it takes place in a hallway. Along the length of this dim, busy corridor that spans the west wing of the King County Courthouse in downtown Seattle, attorneys broker deals and break bad news to tenants for whom one extra paycheck, or a few hundred dollars, represents the difference between housing and homelessness. The harried suit-clad tenants’ attorneys strike a stark contrast to their clients, who pace or slump on well-worn benches, while the landlords and their attorneys cluster impatiently nearby, waiting to find out if tenants plan to settle or take their cases to court.

This hallway links two poles of the justice system. At one end: the King County Bar Association’s Housing Justice Project (HJP), which represents low-income tenants and whose courthouse office is a cluttered, 300-square-foot room. At the other: Courtroom W-325, where tenants who decide not to accept a settlement deal can have their day in court.

About half of the landlords in Seattle—both nonprofit agencies, such as the Low-Income Housing Institute and the YWCA of Seattle, and private companies, such as Epic Asset Management, which collectively own hundreds of apartments around the city—are represented by a single law firm, Seattle-based Puckett & Redford. The firm’s pugnacious litigator Ryan Weatherstone paces back and forth in the hallway, occasionally poking his head in the door of the HJP office to yell at the organization’s managing attorney, Edmund Witter. “Stop [expletive] sandbagging me, Ed!” Weatherstone shouts late one morning, when it’s clear that the day’s cases will drag on into the afternoon. Witter rolls his eyes. It’s unclear how much of this is performance, how much genuine frustration.

The stakes are high. What happens here often means the difference between housing and homelessness to the hundreds of tenants who show up to respond to an eviction notice. In King County, where the most recent one-night count found more than 12,000 people living in shelters or on the streets, hundreds of people become newly homeless through eviction every year, contributing to a crisis that local political leaders have been trying, and mostly failing, to address for years.

To become a HJP client, a family must must make no more than two times the federal poverty level, which is $32,480 for a family of two, and be in the eviction process or at risk of imminent eviction. In Seattle, and throughout Washington, a landlord can begin the eviction process as soon as a tenant’s rent is more than three days late, and judges have little authority to force landlords to accept rent after that point.

Landlords can also serve a 10-day notice for lease violations, such as unauthorized guests, a three-day notice to vacate for nuisance activity, or—outside Seattle, whose Just Cause Eviction Ordinance prohibits this—a 20-day notice ending a tenancy for any reason, or no reason at all. These are several of the ways in which Washington differs from other states, many of which offer tenants more time to catch up on rent and give judges discretion to set up payment plans while a tenant remains in his or her home. Another challenge for tenants undergoing eviction: Fees for landlords’ attorneys, which vary widely and are usually paid by tenants, can run to thousands of dollars; court costs, plus late fees and other charges, can add hundreds more. A recent report by the Seattle Women’s Commission and the HJP found that the median court judgment against tenants evicted in Seattle in 2017 was $3,129.73.

“Say you underpay your rent by $20,” says state Representative Nicole Macri (D-43rd), who is also the deputy director of the Downtown Emergency Service Center. “The [state] statute allows a three-day notice to go up on your door at the moment the late day comes up on your lease. You can be in court the very next week after the three days expire, and within a week and a half or two weeks a sheriff could come to remove your possessions.” According to the Women’s Commission/HJP report, 86.5 percent of evictions were for nonpayment of rent, and more than a quarter of all eviction proceedings in Seattle began on or before the sixth of the month, or five days after rent is typically due.

It’s common for people to be evicted for small amounts of overdue rent. In 2017, of the 2,072 formal evictions filed in Seattle, more than 76 percent were for less than $2,500, and 21 were for less than $100. The Low-Income Housing Institute (LIHI), a large Seattle housing nonprofit, frequently files eviction notices over small amounts of money, including one, in 2018, for just $4. (LIHI executive director Sharon Lee says court records don’t reflect prior warnings or other reasons for evictions, such as violence or damage by the tenant.) The number of people evicted through informal means—those who received a notice to vacate and simply left, or who left after a dispute over rent or other issue that did not make it into the formal court record—is likely much higher, the report notes.

Many, if not most, HJP clients end up losing their homes—if not by eviction, then through court settlements that only allow an extra week or two before they need to vacate. Even those who strike a deal with their landlords—getting an order of limited dissemination, for example, which keeps an eviction from showing up on standard credit reports—end up being evicted, and most of those become homeless. According to the Women’s Commission/HJP report, 87.5 percent of all people evicted in Seattle in 2017 became homeless immediately after their evictions. A big reason for that, according to the report, is that most landlords won’t take tenants with evictions on their record.

If a client takes her case to court, the outcome can be much worse. According to Witter, most cases that go to a hearing end up in eviction, with bigger judgments and harsher legal penalties than cases in which a tenant agrees to pay his back rent and leave.

On a recent Tuesday morning, two HJP clients, Peter and Danielle, wait in the hallway for news from an attorney who volunteers with HJP. While they wait, they explain how they ended up at the courthouse—a story of cascading misfortunes that includes struggles with addiction, homelessness and serious medical conditions. Peter, a former machinist, is awaiting surgery for a hernia; Danielle has late-stage liver disease. They say that a local charity paid part of their rent in an apartment building on Capitol Hill, but they’re still behind by about $3,000—a daunting amount for two people who haven’t worked in months. “I don’t want to sound like a victim, because we’re not,” Danielle says. “We just got caught in a real bad situation.” Peter adds: “I’m hoping that some more time will be allotted to us.”

Down the hallway, another drama is playing out: A tiny, frail woman named Rose (not her real name) is being turned out of an apartment run by a different social service agency over $430 in unpaid rent. Although she slipped a money order for half the rent under her property manager’s door several weeks ago, the landlord declined to deposit the money and taped an eviction notice on Rose’s door while she was in the hospital undergoing treatment for late-stage kidney disease. Rose’s apartment is in a building designated specifically for women, like her, who are battling addiction; before landing an apartment there a year ago, she was on the streets for more than a decade.

Unlike many tenants who come through eviction court, Rose is accompanied by two caseworkers, who both say that putting her back out on the street is tantamount to a death sentence. “There are already thousands of people living on the streets,” one of the caseworkers, a former case manager at Rose’s building, says. “What good is it going to do to put one more out there?” African-American tenants like Rose are evicted far out of proportion to their presence in the Seattle population; according to the Women’s Commission/HJP report, 31.2 percent of tenants evicted in Seattle last year were black in a city where, according to the federal government, African Americans make up only 7 percent of the population.

A DAY IN COURT: Housing Justice Project attorney Edmund Witter spends much of his time in this hallway in the King County Courthouse, often with clients. At one end is the HJP office; at the other, the courtroom where eviction cases are decided. Photo by Hayley Young

Witter comes back with Weatherstone’s offer: If Rose pays all the back rent, plus court costs and attorneys’ fees, she will have a few weeks before she will have to move out. The eviction will still go on her record and she will probably go back to being homeless. “This isn’t a great deal,” Witter tells her candidly. Rose wants to take her case to court and Witter thinks she stands a chance: She tried to pay rent repeatedly, and can prove that she was in the hospital when her landlord left the eviction notice on her door. But in the small courtroom—from which a judge or appointed court commissioner presides—Weatherstone and Rose’s landlord introduce new information.

Rose, they say, has threatened staff members and other tenants, sending one staffer a text message that her landlord describes in excruciating detail. This kind of testimony isn’t admissible: In one of many made-for-TV courtroom moments, Rose’s HJP attorney, Ben Dickson, shouts “Hearsay!” every time Weatherstone brings up Rose’s behavior—but the damage is done. Judges and commissioners aren’t supposed to consider evidence that isn’t included in the eviction claim when deciding how to rule, but they’re human, and they sometimes do. Commissioner Henry Judson says the best he can do is to give Rose an order of limited dissemination if she pays the $860 she owes in rent and $911 in court costs, which one of Rose’s caseworker thinks he can pull together by the following day. But Rose must vacate her apartment in two weeks.

Tenants aren’t allowed to say much, if anything, in court—something that Witter says surprises many clients—and the process is brisk and formal, with testimony and arguments limited to the bare facts of the case. Personal grievances are generally not allowed. “We go into the hearing, and they find out how bad the process is and that they weren’t even allowed to talk, and then they get mad at us for that,” Witter says. “I’m not blaming the tenants; I’m just saying the system is not conducive for us to be able to provide adequate assistance of counsel or for the tenant to really even be able to make an informed decision. It’s basically a gun being held to someone’s head.”

He adds, “This isn’t the best way to do these proceedings, period. We’re going in and doing daytime Court TV and basically having this pissing contest between a landlord and a tenant in front of a person who doesn’t know this area of the law,” he says, referring to the commissioners and judges who hear the cases. Because Seattle has no dedicated housing court, eviction cases are heard by judges whose dockets are also crammed with probate cases, divorces and restraining orders, and who may not have a background in housing law, Witter says.

Witter says he often sees clients with mental health or addiction problems so severe that HJP can’t represent them (with stakes so high, tenants have to know what they’re signing and be able to understand what’s happening), and there are gray cases, like one I witnessed in court on another occasion, in which a man with a diagnosed mental disorder went back and forth for hours about whether he wanted to take his shaky case to a hearing, then backed out and agreed to the eviction while standing on the literal threshold of the courthouse door.

In New York City, where Witter was a supervising attorney at The Legal Aid Society, tenants have a right to legal counsel, and cases are heard in a specialized housing court, with judges who are experts in landlord-tenant law. Witter says tenants “don’t get evicted just for simple nonpayment of rent—you have to be not trying at all.” Tenants can request assistance paying their arrears from multiple human services agencies right in the courthouse.

Contrast that with Seattle’s system, which requires tenants to go to one (or many) of more than two dozen decentralized private and nonprofit charities, such as churches, the West Seattle Helpline or Solid Ground. Solid Ground can provide as much as $2,000 in back rent for low-income clients. But the clients must agree to participate in case management, write a budget and set financial goals—a lengthy process that several renter advocates described as paternalistic and patronizing. Even so, Solid Ground interim homelessness prevention manager Theresa Curry Almuti says the group gets between 1,200 and 1,600 calls a month for about 80 slots in its assistance program, of which several hundred are eligible. “We could get three times as much funding and still have people eligible,” Curry Almuti says.

Weatherstone, the landlords’ attorney, spent years working as a tenant advocate, including as a volunteer at the HJP, and he sees problems with housing laws that lead to so many evictions, too. “Ultimately, we care about the people who come through here,” he says, referring to the tenants. “Not every single case is a case that we want to go ahead and evict, but sometimes—a lot of times—it’s required. Management has given them a lot of opportunities to comply with the [rental] agreement, and they don’t comply with it.” Weatherstone adds that landlords, especially small-business landlords, can’t always afford to let rent go unpaid while they wait for a tenant to come through with what they owe. “Our clients have their obligations to meet as well,” he says.

Still, it’s hard to deny that in a county where more than 12,000 people were homeless in 2017, evicting thousands of tenants a year only exacerbates the homelessness crisis. Legislators at the city and state levels are working to mitigate Seattle’s high eviction rate, using the Women’s Commission/HJP report as a guide. Macri, the 43rd District state representative, is proposing legislation in the current legislative session that would take protections that already exist in Seattle and extend them statewide—preventing landlords from evicting tenants without cause, for example. Macri’s bills would also give tenants more time to pay back rent they owe and provide discretion to judges to broker deals between landlords and tenants.

At the municipal level, City Council members Lisa Herbold and Mike O’Brien have directed city departments to look at ways of centralizing the rent assistance system and to make it easier for tenants to address habitability issues, which are often at the center of rent disputes, on a funding timeline. Longer-term solutions include allocating more of the city’s homelessness prevention system toward eviction prevention. Pathways Home, the overarching approach to homelessness adopted under former Mayor Ed Murray, directs the lion’s share of city homelessness funding to agencies that help people who are already homeless. Referring to the eviction report, O’Brien noted, “When you look at this data, around 550 households were $1,000 or less behind on their rent, and 87 percent of the people that went through an eviction ended up homeless.” Doing the math, for about $500,000, 500 fewer people could have wound up homeless, he says. “That is probably one of the most cost-effective things we could do.”

Weeks after their court dates, I followed up with several of the tenants whose cases I followed. Danielle and Peter were ultimately evicted, and had broken up under the stress; Danielle was living on the streets. Mike, the tenant who had wanted to go to court, agreed to leave the apartment where he had lived for a decade by the end of the month; in exchange, he got an order of limited dissemination. And Rose, whose caseworker said she paid her back rent and attorneys’ fees, was ultimately evicted anyway due to extenuating circumstances. At press time, her whereabouts were unknown.

Morning Crank: Streetcar Questioned, Sawant Challenged, and Fort Lawton Moves Forward

1. Ever since Mayor Jenny Durkan announced she was moving forward with the stalled First Avenue streetcar last month, supporters and skeptics have been honing their arguments. Fans of the project, which a recent report costed out at $286 million, say it will create a critical link between two disconnected streetcars that each stop on the outskirts of downtown, boosting ridership dramatically while traveling swiftly in its own dedicated right-of-way; skeptics point to a $65 million funding gap, the need for ongoing operating subsidies from the city, and past ridership numbers that have been consistently optimistic.

Today, council members on both sides of the streetcar divide got their first chance to respond publicly to the latest numbers, and to question Seattle Department of Transportation and budget staffers about the viability of the project.  I covered some of the basic issues and streetcar background in this FAQ; here are several additional questions council members raised on Tuesday.

Q: Has the city secured the $75 million in federal funding it needs to build the streetcar?

A: No; the Federal Transit Administration has allocated $50 million to the project through its Small Starts grant process (the next best thing to a signed agreement), and the city has not yet secured the additional $25 million.

Q: Will the fact that the new downtown streetcar will parallel an existing light rail line two blocks to the east be good or bad for ridership? (Herbold implied that the two lines might be redundant, and Sally Bagshaw noted that “if I was at Westlake and I wanted to get to Broadway, I would jump on light rail, not the streetcar.” Rob Johnson countered that “redundancy in the transportation system is a good thing,” and suggested the two lines could have “network effects” as people transferred from one to the other.)

A: This is a critical question, because the city’s ridership projections for the two existing streetcar lines were consistently optimistic. (Ridership is important because riders are what justify the cost of a project, and because the more people ride the streetcar, the less the city will have to subsidize its operations budget). The city’s answer, basically, is that it’s hard to say. Lines that are too redundant can compete with each other; on the other hand, the existence of multiple north-south bus lines throughout downtown has probably helped ridership on light rail, and vice versa. SDOT’s Karen Melanson said the city took the existence of light rail (including future light rail lines) into account when coming up with its ridership projections, which predict about 18,000 rides a day on the combined streetcar route, or about 5.7 million rides a year.

Q. Can the city afford to operate the streetcar, especially when subsidies from other transit agencies run out? King County Metro has been paying the city $1.5 million a year to help operate the existing streetcars, and Sound Transit has kicked in another $5 million a year. Those subsidies are set to end in 2019 and 2023, respectively. If both funding sources do dry up (city budget director Ben Noble said yesterday that the city could make a case for the Metro funding to continue), the city will have to find some other source that funding as part of an ongoing operating subsidy of between $18 million and $19 million a year.

A: It’s unclear exactly where the additional funding for ongoing streetcar operating costs would come from; options include the commercial parking tax and street use fees. Streetcar supporters cautioned against thinking of the ongoing city contribution as a “subsidy.” Instead, Johnson said, council members should think of it as “an investment in infrastructure that our citizens support,” much like funding for King County Metro through the city’s  Transportation Benefit District—or, as O’Brien chimed in, roads. “Roads are heavily subsidized,” O’Brien said. “When we talk about roads, we don’t talk about farebox recovery, because we don’t have a farebox.”

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2. In response to reporting by Kevin Schofield at SCC Insight, which revealed that the Socialist Alternative party decides how District 3 Seattle City Council member Kshama Sawant will vote and makes all the hiring and firing decisions for her council office, an anonymous person has filed an ethics complaint against Sawant at the Seattle Ethics and Elections Commission.

The complaint, signed, “District 3 Resident,” charges that Sawant:

• Violated her obligation to represent her constituents by allowing Socialist Alternative to determine her actions on the council;

• Misused her position as a council member by allowing SA to make employment decisions for her council office;

• Improperly “assisted”  SA in matters involving her office by allowing them to determine her council votes;

• Accepted gifts in exchange for giving SA special access and “consideration,” including extensive travel on the party’s dime; and

• Either disclosed or withheld public information by discussing personnel matters on private email accounts, depending on whether that information turns out to have been disclosable (in which case, the complaint charges, she withheld it from the public by using a private account) or confidential (in which case Sawant violated the law by showing confidential information to outside parties, namely the SA members who, according to SCC Insight’s reporting, decide who she hires and fires.)

“Sawant is not independent, not impartial, and not responsible to her constituents,” the complaint concludes. “Her decisions are not made through the proper channels, and due to her actions, the public does not have confidence in the integrity of its government.”

It’s unclear when the ethics commission will take up the complaint, which was filed on January 8. The agenda for their committee meeting tomorrow, which includes a discussion of the rule requiring candidates who participate in the “democracy voucher” public-financing program to participate in at least one debate to which every candidate is invited, does not include any discussion of the complaint against Sawant.

According to the Seattle Ethics and Elections website, “Seattle’s Ethics Code is a statement of our shared values — integrity, impartiality, independence, transparency. It is our pledge to the people of Seattle that our only allegiance is to them when we conduct City business.”

3. On Monday, the city’s Office of Housing published a draft of the redevelopment plan for Fort Lawton, a decommissioned Army base next to Discovery Park in Magnolia, moving the long-delayed project one step closer to completion. For years, the project, which will include about 200 units of affordable housing, has stagnated, stymied first by a lawsuit, from Magnolia activist Elizabeth Campbell, and then by the recession. In 2017, when the latest version of the plan started moving forward, I called the debate over Fort Lawton “a tipping point in Seattle’s affordable housing crisis,” predicting, perhaps optimistically, that Seattle residents, including Fort Lawton’s neighbors in Magnolia, were more likely to support the project than oppose it, in part because the scale of the housing crisis had grown so immensely in the last ten years.

The plan is far more modest than the lengthy debate might lead you to expect—85 studio apartments for homeless seniors, including veterans, at a total cost of $28.3 million; 100 one-, two-, and three-bedroom apartments for people making up to 60 percent of the Seattle median income, at a cost of $40.2 million; and 52 row homes and townhouses for purchase, at a total cost of $18.4 million. Overall, about $21.5 million of the total cost would come from the city. Construction would start, if all goes according to the latest schedule, in 2021, with the first apartments opening in 2026—exactly 20 years, coincidentally, after the city council adopted legislation designating the city of Seattle as the local redevelopment authority for the property.

As Council Moves to Protect Mobile Home Park, It’s Important to Remember How We Got Here

Next week, the city council is expected to adopt an emergency one-year moratorium on development at the Halcyon Mobile Home Park in North Seattle, to prevent developers from buying the property while the council crafts legislation to preserve the park in perpetuity. That future legislation, which will be developed in council member Rob Johnson’s land use committee, would most likely create a new zoning designation allowing only mobile or manufactured homes on the two properties, similar to a law Portland adopted last year.

If this is the first you’re hearing about the plight of the Halcyon Mobile Home Park,  you’re not alone. Although the park, which houses dozens of low-income seniors and their families, has been on the market since last June, it recently caught the attention of council member Kshama Sawant, who called a special meeting of her human services and renters’ rights committee last Friday afternoon to discuss her emergency legislation, which she said was necessary to prevent “US Bank, a big financial institution that does not care about ordinary people, [from] selling the property to a corporate developer called Blue Fern.”

Urging Halcyon’s elderly residents to write to the council and turn out in force for public comment at the full council meeting on Tuesday afternoon, Sawant did not mince words. “It’s important to remind the council that if they don’t act on this, they will be kicking Grandma out, and that’s going to be on their conscience, so we need to make sure that they understand what political price they have to pay for it,” Sawant said.

“It’s important to remind the council that if they don’t act on this, they will be kicking Grandma out, and that’s going to be on their conscience, so we need to make sure that they understand what political price they have to pay for it.” —Council member Kshama Sawant, urging residents of the Halcyon Mobile Home Park to write the council

The sudden “emergency” was news to  council member Debora Juarez, who said she couldn’t attend Sawant’s special committee meeting on Friday due to a prior commitment. (Sawant’s committee ordinarily meets on the second and fourth Tuesdays of every month, although it has only met once since last July.) On Tuesday, after Sawant repeated her claim that “the developer, Blue Fern, could vest literally any day now,” Juarez took the mic to “correct the record.”

Among those corrections: Blue Fern has not filed plans to develop the property. The property is not owned by US Bank. And no development plans are in the offing.

It’s true that the property, which was owned by one family but is now part of a trust, of which the University of Washington is a beneficiary, is on the market—with US Bank as the trustee and Kidder Matthews as the broker—but Blue Fern, after inquiring about the preapplication process last October and attending a meeting with the city in December, has decided they do not plan to move forward with the proposal. According to a spokesman for Blue Fern, Benjamin Paulus, “Neither Blue Fern Development, LLC or its affiliated companies are under contract to purchase this property.”

The sudden panic—the last-minute committee meeting, the declaration of emergency, the chartered bus that ferried Halcyon residents and supporters to today’s council meeting—was, in other words, at least partly based on misinformation. Confronted by her colleagues about this, Sawant said the specific details didn’t matter, because “it is only a matter of time before another corporate developer comes along and decides to buy this property, so the residents haven’t been misled.”

Every individual decision to “save” a property, however justifiable in isolation, puts off until another day a discussion we’ve been avoiding since well before the current building boom. Imagine if the city had reexamined  single-family zoning and adopted mandatory affordable housing laws 20 years ago, back when the council was busy arguing over every dilapidated apartment building being torn down in South Lake Union. Maybe we would have built thousands of units of affordable housing, and the “luxury” apartments of that era would be affordable to middle-income renters today. Maybe residents of Halcyon Mobile Home Park, and other naturally-occurring affordable housing, wouldn’t feel so desperate at the prospect of moving elsewhere if we had built somewhere else for them to go.

Many of the residents themselves—one of whom fell down during yesterday’s council meeting, causing a brief hush in the room —appeared to believe, as late as yesterday afternoon, that they were at imminent risk of losing their homes. Several residents choked back tears as they testified, saying they were terrified about becoming homeless. These are real, legitimate fears—of nine mobile home parks that existed in Seattle in 1990, when the city council passed a series of similar development moratoria,  just two remain—but it’s hard to see how stoking them, by suggesting that the bulldozers are practically at the gate, serves the interests of vulnerable low-income seniors.

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Mobile homes are naturally occurring affordable housing, and developing them into other kinds of housing—in this case, townhouses or apartments—creates a very literal kind of physical displacement. It’s understandable that the city council, faced with the prospect of tossing dozens of senior citizens out of their homes, would do everything in their power to prevent that from happening, including creating special new zones that protect mobile home parks in perpetuity.

But there’s a larger question such parcel-by-parcel anti-displacement efforts elide: Why are apartments still illegal almost everywhere in Seattle?  Every time the city decides to preserve one apartment building, or one mobile home park, without asking about the opportunity cost of that decision, they are putting off a crucial conversation about Seattle’s housing shortage, and how to solve it. Every time the city walls off another block from development—whether it’s the Showbox, which also got the “emergency moratorium” treatment, or a mobile home park for low-income seniors—without addressing the astonishing reality that two-thirds of Seattle is zoned exclusively for suburban-style detached single-family houses, they are making a deliberate decision that this same thing will happen again.

None of these choices happen in a vacuum. Every individual decision to “save” a property, however justifiable in isolation, puts off until another day a discussion we’ve been avoiding since well before the current building boom. Imagine if the city had reformed single-family zoning and adopted mandatory affordable housing laws 20 years ago, back when the council and anti-displacement advocates were busy litigating the fate of every dilapidated apartment building being torn down in South Lake Union. Maybe we would have built thousands of units of affordable housing, and the “luxury” apartments of that era would be affordable to middle-income renters today. Maybe the residents of Halcyon Mobile Home Park, and other naturally-occurring affordable housing, wouldn’t feel so desperate at the prospect of moving elsewhere, if we had built somewhere else for them to go.

At Long Last, Council Takes Up Mandatory Housing Affordability Upzones

As the city council prepares to finally take up former mayor Ed Murray’s Mandatory Housing Affordability plan—which alters zoning and land use across the city, and would allow duplexes and small apartment buildings on 6 percent of the land currently reserved exclusively for detached single-family houses—today, the council’s seven district members are also proposing dozens of amendments to the plan.

Many of the amendments involve undoing or reducing the proposed density increases, although some proposals do call for higher densities in certain areas. It’s highly improbable that every one of the downzoning amendments will pass, but if they did, it would be tantamount to rejecting the very premise of MHA, which allows developers to build more densely in a small swath of the city in exchange for funding new affordable housing. If all the amendments, including both downzones and upzones, passed, the overall result would still be lower density overall than MHA proposes). And even if MHA were passed unamended, the vast majority of Seattle would still be preserved for suburban-style single-family houses.

The implications of not adopting MHA as drafted (or of downzoning the proposal, block by contested block) go beyond just density. Exempting some commercial and multifamily areas from the plan will mean that developers who build in those areas will not have to build affordable housing (either on-site or by contributing money to a city fund), which have two effects: First, it will make MHA-exempt areas more attractive to developers, not less, because they won’t have to contribute to affordable housing, making development cheaper; second, because developers who build in exempted areas won’t have to contribute to affordable housing, less affordable housing will get built, making it harder for the city to reach its goal of 6,000 units of affordable housing in the next 10 years. Council members who act to exempt certain multifamily areas from upzones in order to prevent displacement may, in other words, actually be encouraging development in those areas.

Here are some of the amendments the council will consider this week, starting at today’s special MHA committee meeting in council chambers at 2:30, listed by district. All the amendments are available in in this 100-page document, which lists the amendments in district order; amendments that are tagged “Additional Environmental review needed” are outside the scope of the city’s Final Environmental Impact Statement for the proposal (which the city’s hearing examiner recently upheld after a lengthy appeal process), and are less likely to move forward than those within the scope of the FEIS. Many of the amendments in each district are proposed by the council member for that district; however, because this isn’t true of every amendment (many of the amendments came from council central staff or from constituents in that district), I’ll refer to the amendments by district rather than author, with one exception. Also, when I refer to “downzones” and “upzones,” I am generally referring to those changes relative to what is proposed in the MHA plan, not to the current zoning.

 District 1 (Lisa Herbold)

The amendments proposed for Herbold’s West Seattle District would reduce the proposed upzones in areas that are currently zoned single-family from low-rise (a catchall term for zones that allow multifamily development) to lower-density designations. Seven of the 11 District 1 amendments call for scaling back the MHA density increases to Residential Small Lot zoning, which allows no more than one unit per 2,000 square feet of land area and limits the size of new houses to 2,200 square feet. Other amendments would undo every proposed upzone in the areas of the West Seattle Junction that are currently single-family, while upzoning a swath of land known as the Triangle, along Fauntleroy Way SW, from 65 feet to 95 feet.

In practice, Residential Small Lot, a new zoning designation, imposes a density limit of about two units on a typical 5,000-square-foot Seattle lot—far less than, say, Low-Rise 3, which is supposed to encourage “infill housing at medium to high densities,” according to the city.

District 2 (Bruce Harrell)

Areas around the Mount Baker light rail station would not be upzoned, or would receive more modest upzones, under two District 2 amendments, and a proposed expansion of the North Beacon Hill Urban Village (along with an upzone within the existing urban village, which is served by the Beacon Hill light rail station) would be eliminated. Getting rid of upzones on Beacon Hill has been a priority of the anti-density SCALE coalition, whose environmental appeals have stalled the implementation of MHA, and Harrell’s amendments would largely accomplish this goal.

The District 2 amendments also include small, specific upzones and downzones in far southeast Seattle (including lower heights and densities around the Rainier Beach light rail station).

District 3 (Kshama Sawant)

Most of the proposed MHA amendments in District 3 consist of downzones on North Capitol Hill east of 15th Ave. and north of Thomas St.—generally speaking, one of the wealthier parts of Sawant’s district, which includes the rest of Capitol Hill as well as the Central District small parts of Mount Baker and Beacon Hill. Geographically, the majority of the proposed District 3 downzones are in the Madison-Miller Urban Village, along 19th Ave. E between East Aloha and East Thomas Streets, and between 20th and 24rd Aves. E on Capitol Hill.

The District 3 amendments also include a few small upzones on individual properties and blocks—all of them, with one exception, in the Central District or further south.

District 4 (Rob Johnson)

Johnson is a vocal proponent of MHA and of increasing density in his own Northeast Seattle district. Many of the amendments in District 4, not surprisingly, would upzone parts of Johnson’s district even more than MHA calls for, particularly around the two light rail stations that are being built near the University of Washington and in the Ravenna-Roosevelt neighborhood. The amendments would also increase potential building heights near the Roosevelt station, on 12th Ave. NE between NE 65th and 67th Streets, from 65 feet to 125 feet, and would add 20 feet to the potential height of new apartments around University Village.

The District 4 amendments also include a few proposed downzones—one for the block just north of Roosevelt High School, two for a site just north of Ravenna Park, and one on the northern boundary of his district, where he has proposed reducing part of the Wallingford Urban Village from low-rise to residential small lot.

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District 5 (Debora Juarez)

The amendments proposed for District 5, which stretches from the northern boundary of Johnson’s district to the border between Seattle and Shoreline, also include a number of upzones centering on three dense (and densifying) areas of North Seattle—Northgate, where a light-rail station is under construction, Lake City, and Aurora Avenue North, in the Aurora-Licton Urban Village.

District 3 council member Sawant has also proposed an amendment in Juarez’s district that would cancel an upzone planned for commercially zoned two mobile home parks located just south of N 125th Street, which are slated for an upzone from 40 to 55 feet. It’s unclear whether Sawant consulted with Juarez on her amendment about the mobile home park, which is also the subject of a special committee meeting Sawant is holding in her renters’ rights committee on Friday afternoon.

District 6 (Mike O’Brien)The 15 proposed amendments in District 6, which includes all of Northwest Seattle, largely sidestep Ballard’s historical center and the area around a potential light rail station, along NW Market Street. Instead, the proposed changes center on the Crown Hill Urban Village, where nine amendments would reduce MHA’s proposed upzones, mostly by lowering proposed densities in areas that are currently single-family from low-rise to residential small lot.

A handful of other District 6 amendments would modestly increase density on a few specific parcels—including one block just south of Holman Rd. NW, currently the site of a Dick’s Drive-In location—but most of the proposals involve lowering development capacity in the northern half of O’Brien’s district.

District 7 (Sally Bagshaw) 

There are just three proposed amendments in Bagshaw’s district, which includes parts of the city (downtown and South Lake Union) that have already gone through their own upzone process and are not part of the current MHA debate. They include two downzones from the MHA proposal, in Upper Queen Anne, and a reversal of a proposed upzone in Magnolia, near the Kiwanis Memorial Preserve Park, just south of the Ballard Locks.

Mayor Jenny Durkan is likely to want to leave her own stamp on the previous mayor’s upzone proposal; during the campaign, she said she supported Murray’s decision to take single-family housing (mostly) off the table, and commented that in considering changes to the plan, it was important to make sure “that we aren’t impacting neighborhoods, communities, or families in ways that we didn’t think about.”

The plan has already been drastically watered down once, during the Murray administration—from a proposal that would have allowed duplexes and townhomes in the 65 percent of Seattle that is preserved exclusively for single-family houses, to the current version, which upzones just a sliver of that land and keeps the city’s single-family mandate intact. Any further backsliding on MHA will only hinder the city’s ability to create affordable housing for low-income residents, and ensure that more middle-income people are pushed out of the city simply

Council Members Talk Amazon in NYC: “Don’t Flinch Every Time a Corporation Flexes Its Muscles”

This story originally appeared on Seattle magazine’s website.

File:Long Island City New York May 2015 panorama 3.jpg

Image via King of Hearts; Creative Commons license

As New York City braces itself against the potential “Seattleization” of Long Island City, Queens, where Amazon recently announced it will build one of two satellite “HQ2”s, two Seattle City councilmembers arrived in New York City Monday morning with a dual message: It’s going to be every bit as bad as you imagined. And: There’s still time to prepare.

Councilmembers Teresa Mosqueda and Lisa Herbold spoke at the headquarters of the Retail, Wholesale and Department Store Union (RWDSU) Monday morning, following a succession of local elected officials and progressive activists who denounced the company. (RWDSU president Stuart Applebaum, for example, described Amazon as “one of the worst employers not just in the United States but anywhere in the world.”)

Herbold read a letter from an Amazon contractor who described a desperate, daily scramble for shifts in a job with no benefits, no job security, and no health care—just an 800 number staffed by a nurse who “will tell you to see a doctor that you can’t afford.” Her advice for New Yorkers who want to extract some benefits from Amazon, which will receive an estimated $3 billion in tax breaks for the project? Mobilize early, align with small businesses, and be prepared for Amazon to try to change the conversation.

“We simply weren’t able to counter the influence of big money on public opinion” in Seattle, Herbold said, referring to the failure of the city’s $275-per-employee “head tax,” which would have funded housing and homeless services. “In Seattle, Amazon used small businesses as a stalking horse. … You have to remind small businesses that they, too, are victims of regressive tax structures.”

After telling Seattle leaders  they would support a scaled back “compromise” version of the tax, Amazon helped fund the “No Tax on Jobs” campaign, which planned to run a referendum to overturn the measure. Eventually, the council voted to overturn the tax, with Herbold voting with the majority and Mosqueda voting no.

Mosqueda offered the head tax experience as a cautionary tale, and warned the New York activists, “Don’t be the city or the state that flinches every time a corporation flexes its muscles, threatens to move out of town, tries to say that they’re going to cut jobs or stop construction, and pulls back on investing on the very system and infrastructure that they refuse to pay into.” Amazon’s outsize presence in Seattle, Mosqueda said, has “had a dramatic impact on who can afford to live in the city,” contributing to homelessness, gentrification, and “people not being able to keep the homes that they grew up in.”

Finally, Herbold cautioned that activists should brace themselves for Amazon and its supporters to suggest that private philanthropists, not the government, should be responsible for creating an adequate social safety net. Herbold recalled that when she wrote an open letter to Amazon CEO Jeff Bezos, asking him to participate in a national conversation about how to meet workers’ basic needs in the “gig economy.” The response, she said Monday, was “basically [that we need] more philanthropy.”

“We are in a modern Gilded Era,” Herbold said. “There is no accountability for private philanthropy, and charitable gifts don’t solve infrastructure issues or inequality.”

Afternoon Crank: Density Opponents Sharpen Their Pencils, City Seeks Consultant for Quick-Turnaround Showbox Review

1. As the city council begins what could—could—be the final round of discussions about the Mandatory Housing Affordability proposal (the plan, in the works for two years now, would upzone 6 percent of the city’s exclusive single-family areas and require developers to fund new affordable housing), density opponents are sharpening their pencils.

The Seattle Coalition for Affordability, Livability, and Equity (SCALE), which blocked the plan for a year with environmental appeals, produced a list of proposed amendments to the plan that would effectively gut the proposal, by forcing the city to charge developers to pay new “impact fees” to offset the perceived negative impacts of new housing, instituting minimum parking requirements for new developments, quadrupling the fees developers would pay toward affordable housing under the ordinance, and rolling back many of the zoning changes entirely.

The proposed amendments include things like increasing tree canopy requirements (thereby reducing development capacity) in low-income neighborhoods; changing the definition of “family-sized” housing to exclude two-bedroom apartments; requiring large open spaces or even yards for new multifamily developments; and reducing the MHA rezones to reflect the affordable housing targets in existing neighborhood plans, which did not contemplate the massive population growth nor the rise in inequality that Seattle has experienced over the last ten years.

SCALE’s Toby Thaler, who argued the group’s case against MHA before the city hearing examiner, did not respond to an email with questions about the document. While some of the amendments the group is proposing are obviously fanciful—no one is seriously talking, for example, about blowing up the “Grand Bargain” with developers by requiring them to fulfill 50 percent of their affordability requirements with on-site housing—they could serve as a kind of Overton window (or, if you prefer, opening gambit) for the upcoming discussion about neighborhood-specific changes to the plan, which begins next week.

Housing advocates will want to keep an eye out for what citywide and block-by-block changes council members (and Mayor Jenny Durkan) propose, and whether those changes track with the proposals put forward by SCALE. (The amendments aren’t available yet, but I’ll post about them as soon as they are.) Durkan has said in the past that she believes “neighborhoods” should have more input into the city’s development decisions; whether that means acceding to homeowner advocates’ demands during the final stretch of the MHA debate will become clear in the coming weeks.

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2. The city will spend $75,000 this year (of $100,000 allocated in last year’s budget) on a contractor who will advise the mayor and council on whether the Showbox should become a permanent part of the Pike Place Market Historical District. According to the scope of work for the contract, obtained through a public records request, the contractor will “Review the historic significance of the Showbox theater, study the relationship between the Showbox theater and the Pike Place Market, consider amendments to the PPMHD Design Guidelines related to the Showbox theater, draft legislation, conduct outreach to stakeholders, and conduct State Environmental Policy Act (SEPA) review on permanent expansion of the Historical District, as appropriate.” According to a spokeswoman with the city’s Department of Neighborhoods, DON has not chosen a consultant yet, but remains on the schedule outlined in the work plan.

The contractor will have to get all that work done quickly; the city’s schedule calls for any SEPA findings to be published in March, with all the work wrapping up in April, and a council vote to permanently expand the historical district in June. Two to three months is a remarkably short time frame for a single contractor to conduct a full public outreach process, do a thorough environmental review, and draft legislation for the council to consider and pass. To put this timeline in historical context, the Market Historical District has been expanded twice before: Once, in 1986, to include Victor Steinbrueck Park, and again in 1989, to add a parking garage and senior housing. Seattle Times archives show that the debate over the latter addition lasted more than three years, and archival records at the city clerk’s office show that the council was receiving letters on the draft legislation fully nine months before they adopted the expansion.

Under the city’s current schedule, the Showbox building would become a permanent part of Pike Place Market three months before a trial is scheduled to begin in a lawsuit the property owners filed against the city; that suit charges that the city violated the Appearance of Fairness Doctrine, which requires council members to remain neutral on so-called quasi-judicial decisions like historic district boundary expansions, as well as the owners’ First Amendment and due process rights.

The debate over the Showbox’s fate began when a developer, Vancouver-based Onni, filed plans to build a 44-story apartment building on the property, which the council had recently rezoned to allow just such a development. The Showbox itself is owned by Anschutz Entertainment Group, and is a tenant in the building, which is owned by strip club magnate Roger Forbes; AEG’s lease expires in 2021.

3. After pushback over the fact that its original “service area” was confined almost exclusively to  neighborhoods north of I-90 (including many north of the Ship Canal), Uber announced today that its JUMP bikes will be available in South and West Seattle. The company, which launched its bikesharing service in Seattle late last year, got some bad press last week when the Seattle Times reported that riders who left bikes outside the service area could be charged $25. (An Uber spokesman says the company has not imposed the fee on any riders.) Lime Bikes, Uber’s competitor, launched citywide in the summer of 2017.

The red outline on this map shows the new service area, which includes three of four “equity areas” (low-income communities and communities of color) designated by the city. The original, blue-outlined area included just one of the equity areas, which includes the Central District and a sliver of South Seattle that extends down to the Mount Baker light rail station.

This is hardly the first time a “sharing economy” company has decided to serve the wealthier, whiter areas of the city first. Six years ago, Car2Go launched with a service area that excluded the entire South End and West Seattle while serving areas as far north as Bitter Lake.

Morning Crank: Details Emerge About Megablock Sale

1. Yesterday, six months after the city put the largest remaining piece of publicly owned land in South Lake Union on the market, the city council got its first look at the bids for the property. The conjoined parcel, which some affordable housing advocates have argued the city should hold onto and develop as public housing, is worth upwards of $90 million on the open market.  Although the city budget office wasn’t willing to say much about the bids in open session (for fear, according to city budget office director Ben Noble, of weakening the city’s bargaining position), a few details did emerge during the public discussion.

First, budget staffers revealed that seven teams presented proposals to either purchase or lease and develop the property, and that the city determined that six were responsive. After a team made up of city staffers and one private citizen—former Downtown Seattle Association director  and deputy mayor Kate Joncas—reviewed the applications and interviewed the candidates, they decided to move all six forward to the “best and final offer” stage of the process rather than eliminating any of them right away. Noble said that most, but not all, of the proposals included the 175 units of affordable housing suggested in the request for proposals, and that some of the bidders proposed developing the land under a long-term ground lease, rather than buying it outright. Some of the bidders apparently proposed two different offers—one price with affordable housing, and another, higher price without—and staffers said that one goal of the negotiations will be reducing the difference between those two numbers. If the city decided to keep the property and develop it in cooperation with a nonprofit housing provider, budget office staffer Steven Shain said, the cost to the city would be about $100,000 a unit, or about $100 million for 1,000 units of affordable housing.

City council members questioned why Joncas was the only non-city employee on the committee reviewing the bids for the Megablock property. “I was unaware until very recently that it is even possible to have somebody not of the city family to participate in a process like this,” council member Lisa Herbold said. “It would have been really helpful, knowing now  that we could have external stakeholders participate… having somebody participate with expertise in nonprofit affordable housing production.” Shain said the executive reached out to other people and organizations, including Capitol Hill Housing, but they weren’t able to commit the amount of time the job required without any kind of compensation from the city.

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“As the issues facing our city become more critical and more complicated, we are as elected leaders… pursuing the expertise of subject matter experts within the community more and more often,” council member Lorena Gonzalez said, but there isn’t a clear policy about how and when to pay people who work for nonprofits, rather than for-profit consulting firms. “That’s an inherent inequity in how we engage subject matter experts in a variety of areas. We tend to not monetarily value nonprofits, but we will monetarily value people who are literally in the business of providing expert consultant opinions.”

Gonzalez also suggested that the council think about whether they’re overusing executive sessions and invoking confidentiality provisions when they don’t have to. “My frustration is that we just assume that everything is confidential, and we don’t afford ourselves the opportunity to take a scalpel approach to the issues related to confidentiality,” Gonzalez said. “So, yes, while the details of the transactions and the proposals mightbe subject to confidentiality, there are several details around the transactions… that could have been daylighted in a more transparent way that could, at a minimum, contribute to a higher level of public confidence in whatever deal that we’re going to be judged for approving or not approving.”

Then the council went into executive session.

2.  After the council approves Mayor Jenny Durkan’s appointment of two more Transportation Choices Coalition staffers to the city’s bike and transit boards next week, there will, by my count, be just one person on TCC’s entire full-time staff who Mayor Durkan has not appointed to a city board, commission, or advisory committee during her first year in office. This year, Durkan has appointed TCC staffers to serve on the advisory committee overseeing the selection of a new Seattle Department of Transportation director; the Bicycle Advisory Board; the Transit Advisory Board; and the Levy to Move Seattle Oversight Committee. And, of course, her deputy mayor is Shefali Ranganathan, who left her job as TCC director to join the Durkan administration last year.

Honestly, there are worse things than a takeover by the IlluminaTCC. As I wrote back in November, the group is a strong, effective voice for alternatives to driving, especially transit, in a city that too often takes a windshield perspective on transportation planning. (New director Alex Hudson, who ran the uber-YIMBY First Hill Improvement Association, was an especially inspired hire.) Still, it’s worth asking whether other voices—the voices of groups that did not support Durkan’s election campaign, as TCC did, for example—are being displaced. As advocates from advocacy groups like the Cascade Bicycle Club and Seattle Neighborhood Greenways worry that they’re being shut out of official city appointments, TCC’s presence inside the city’s power structure appears to only be growing.

The J is for Judge: The Most Contrarian Power Point in Seattle

Mild-mannered Office of Planning and Community Development senior planner Nick Welch doesn’t look like the kind of guy who would pick a fight. But if I was him, I would advise against bringing his recent PowerPoint presentation into a local bar.

Welch confined his presentation to the safety of city council chambers last week, where he ran his slide show in front of the Select Committee on Citywide Mandatory Housing Affordability. There were no fisticuffs, but the MHA presentation did draw scoffs from the neighborhood protectionists in the audience and a challenge from their council ally on the dais, West Seattle council member Lisa Herbold.

Particularly Slide No. 10, which is possibly the most contrarian slide ever presented in Seattle.

MHA is a holdover HALA housing plan from former Mayor Ed Murray that exchanges upzones for affordable housing; HALA is expected to produce 20,000 new housing units over the next  decade, including about 6,000 new affordable units from MHA (compared to just 205, if the city simply let the market status quo play out without MHA). With Murray long gone, the remaining piece of the plan—a narrow, stair-step upzone along the fringes of 27 single-family zones —is being shepherded through City Hall by council YIMBY Rob Johnson, whose term ends next year, and with strong support from first-year urbanist all-star, council member Teresa Mosqueda.

Slide #10 is a direct response to what Welch and other OPCD staffers have heard over and over in Seattle neighborhoods (where, in fact, Welch has been gathering input in countless MHA community forums over the last few years): New market-rate housing is a threat to overall housing affordability because it’s more expensive than existing options. It’s a seemingly intuitive take on gentrification that defines the local anti-development storyline and unites everyone from Magnolia First NIMBYs to social justice socialists, from dudes at the Wedgwood Broiler to queer working artists at Kremwerk.

The ubiquity of Seattle’s anecdotal anti-development refrain convinced OPCD to see if that narrative was actually true. So the department looked at the germane historical data—market-rate housing production between 2000 and 2015 in all of Seattle’s census tracts, overlaid with the change in low-income households in the same census tracts over the same period. The finding was definitive. The text to Slide #10 spelled it out for council members: “No correlation between market-rate housing growth and loss of low-income households.”

If anything, the trend line shows the exact opposite: Affordable housing stock increased as market rate housing production increased.

A potential criticism of Slide #10? It defined affordable housing as housing that people making less than 50 percent of the Seattle Area Median Income (AMI) can afford. Affordable housing advocates could certainly contend that people making 60, 70, and 80 percent of AMI are part of the working class too, and are losing ground as more market development comes on line to serve tech bros. But, voila: Slide #11.

This slide overlaid the same snapshots of affordable households  and market-rate housing production, this time defining affordable housing as housing affordable to people making up to 80 percent of AMI. The conclusion was the same. No correlation between new production and economic displacement.

The data didn’t lead OPCD to go as far as saying more market rate housing production actually led to the creation of more affordable housing, but they did present another contrarian slide illustrating their research on another bit of conventional wisdom—that the MHA upzones will lead to physical demolition of existing affordable housing at a rate that neutralizes any new affordable housing production from MHA. Again: Nope. Gaming out future physical displacement based on historic trends of production and teardowns, the data shows that teardowns remain roughly consistent whether the city enacts MHA or not. Without MHA, about 520 households would be  physically displaced by demolition, with no mandatory affordable housing to replace them. Under the city’s preferred MHA alternative, about 574 would be displaced—and those demolitions would be dwarfed by an estimated 5,633 new affordable units created under MHA.

One other bit of conventional wisdom that OPCD tried to fact-check is the notion that new development displaces people and businesses that share a common culture, a phenomenon known as cultural displacement. Perhaps even more than economic displacement, cultural displacement is at the emotional core of anger about gentrification. OPCD couldn’t confirm or disprove this observation. The data—the change in housing production overlaid on change in racial population—was all over the map. The population of some groups, including African-Americans, declined in some census tracts where market-rate housing increased and stayed put in tracts where market-rate housing increased.

Of course, one factor that could have mitigated displacement was missing from that historical data: MHA’s mandate that affordable housing be part of new development.

Morning Crank: Bike Board Chair Abruptly Dismissed; Safe Seattle Sues; and More

Photo from 2015 Seattle Bike Master Plan Implementation Plan

1. Last month, about an hour before the Seattle Bicycle Advisory Board’s was scheduled to hold its monthly meeting, board chair Casey Gifford got a call from Evan Philip, the boards and commissions administrator for Mayor Jenny Durkan’s office. Philip told Gifford that he was calling  to let her know that the meeting she was about to chair would be her final meeting—the mayor had decided not to reappoint her for a second term.  Then, Gifford recalls, he asked her if she had any questions.

Gifford, who works as a  planner with King County Metro and serves on the Cascade Bicycle Club board, was in shock. “I said that I was surprised to be receiving that information so close to the meeting and that I would need some time to process it,” she says. A few days later, she recounts, “I called him and left several voice mails” requesting a meeting or a phone call to discuss some questions she had about Durkan’s decision. Philip responded on November 16 with a terse email, explaining that “other Seattle residents had expressed interest in serving on this Commission and in the spirit of expanding civic engagement, we offered the position to another applicant.” In a subsequent email, he elaborated—sort of. “As mentioned earlier, the Mayor is committed to bringing in new voices and appoint those that have a lived experience to our Boards. As you may be aware, reappointment to a Board or Commission is not guaranteed.”

Like every mayor, Durkan is remaking the city’s bureaucracy, including the volunteer boards and commissions, in her own image.  But several advocates told me they’re worried that Durkan is pushing bike advocates affiliated with activist groups like Cascade and Seattle Neighborhood Greenways aside as part of a transportation agenda that prioritizes transit (and driving) over cycling. The mayor’s office denies this, and points out that Durkan appointed Cascade’s executive director, Richard Smith, to serve on the committee advising the mayor’s office on the Seattle Department of Transportation director selection.

Durkan’s new appointee, Selina Urena, is a former fundraiser for BikeWorks who now works for the Transportation Choices Coalition, a group whose former executive director, Shefali Ranganathan, is now deputy mayor. Urena was nominated by Durkan directly, without going through the usual application process, which includes one-on-one interviews with members of a bike board committee established explicitly for that purpose.  In an email responding to my questions about the mayor’s decision not to appoint Gifford, Durkan spokesman Mark Prentice said, of Urena (who uses they/them pronouns), “they are a multimodal transportation user and enjoys exploring the City by bike” and referred me to Urena’s TCC bio.

 “I  don’t think that the board is being set up for success. … There a lot of institutional knowledge that has been lost.” – Casey Gifford, former Seattle Bicycle Advisory Board chair

Gifford says Philip never explained why Durkan did not reappoint her to the board, nor what he meant by “lived experience.” (Gifford is a young woman of color who uses a bike as her primary form of transportation.) She adds that in her experience, it’s unusual for the mayor’s office to take such a direct role in the appointment process, which usually involves an application and interview process with members of the board itself. “I know that the mayor’s office was more involved in the process than they ever have been in the past, and that they they knew who they wanted and pushed those people forward even without the recommendation of the board members who were reviewing apps with a set criteria and a set process,” Gifford said. “It didn’t sound like the mayor’s office was using those criteria, and it wasn’t really clear what criteria they were using.”

Gifford’s departure means that the bike board will be made up almost entirely of newcomers at a time when the fate of the city’s planned bicycle infrastructure is very much up in the air. Just one member, city council appointee Amanda Barnett, is continuing into a second term.  “I  don’t think that the board is being set up for success,” Gifford says. “There are now seven of 12 [board members] that are brand new, and it takes a while to get up to speed on how the board works and how to be effective. … There a lot of institutional knowledge that has been lost.”

Gifford may have another opportunity to serve on the board yet. City Council member Mike O’Brien, who says he considered the way Gifford was informed her term was ending “kind of unprofessional and not worthy of someone [Gifford] who’s doing really good work,” says he’ll nominate her himself if she wants to continue to serve. “It’s important to have new perspectives and new energy, but it’s also important to have some people who have been around,” O’Brien says. Gifford says she has talked to O’Brien about the possibility and that “it is something that I am considering.”

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2 .Safe Seattle, an online group that recently filed paperwork to become a 501(c)4 political nonprofit (via), is suing the city and the Low-Income Housing Institute to force the closure of a LIHI-operated “tiny house village” in South Lake Union, using many of the same arguments that a statewide anti-labor group, the Freedom Foundation, made when it filed a land use petition to to prevent the facility from opening back in June. (That case is still ongoing, although the Freedom Foundation itself is no longer a named plaintiff). The Freedom Foundation’s attorney, Richard Stephens, is representing Safe Seattle in the new lawsuit, which—like the earlier complaint—charges that LIHI does not have the correct permits to operate its encampment. Unlike the earlier, dismissed complaint, which claimed that LIHI’s encampment violated the city’s self-imposed limit of three transitional encampments at at time, this complaint claims that LIHI lacks both residential permits (on the grounds that the tiny houses are residences) and  a required encampment operations plan. The complaint also claims that the encampment constitutes an “assisted living facility” (on the grounds that LIHI provides housing and services to vulnerable people) for which it lacks a permit.

The amount of scrutiny that has landed on this one encampment—as well as the Freedom Foundation’s motivation for focusing on a single encampment in South Lake Union—is hard to explain. In addition to the lawsuits by the Freedom Foundation, Safe Seattle, and the individual plaintiffs (all represented by Stephens), a group called Unified Seattle has spent thousands of dollars on Facebook ads opposing tiny-house encampments, with an emphasis on the South Lake Union encampment.

3. A recent email from Queen Anne neighborhood activist Marty Kaplan, who has spent years locked in a legal battle to keep backyard and basement apartments out of single-family areas, included a telling line. After lavishing praise on the Seattle Times and its anti-density columnist Danny Westneat for joining him in the fight against missing-middle housing, Kaplan concluded: “Our ultimate goal: to negotiate a fair compromise that better meets the needs of all of Seattle’s homeowners.” Left out of Kaplan’s (and the Times’) equation? The majority of Seattle’s population, who rent their homes and are probably less concerned with “meeting the needs of all of Seattle’s homeowners” than they are with being able to stay in a city where laws designed to boost homeowners’ property values are making the city unaffordable for everyone else.