RCW ch. 43.185C — Revised Code of Washington Chapter 43.185C RCW — Homeless Housing And Assistance

RCW 43.185C.005 Findings. Despite laudable efforts by all levels of government, private individuals, nonprofit organizations, and charitable foundations to end homelessness, the number of homeless persons in Washington is unacceptably high. The state's homeless population, furthermore, includes a large number of families with children, youth, and employed persons. The legislature finds that the fiscal and societal costs of homelessness are high for both the public and private sectors, and that ending homelessness should be a goal for state and local government. The legislature finds that there are many causes of homelessness, including a shortage of affordable housing; a shortage of family-wage jobs which undermines housing affordability; a lack of an accessible and affordable health care system available to all who suffer from physical and mental illnesses and chemical and alcohol dependency; domestic violence; and a lack of education and job skills necessary to acquire adequate wage jobs in the economy of the twenty-first century. The support and commitment of all sectors of the statewide community is critical to the chances of success in ending homelessness in Washington. While the provision of housing and housing-related services to the homeless should be administered at the local level to best address specific community needs, the legislature also recognizes the need for the state to play a primary coordinating, supporting, and monitoring role. There must be a clear assignment of responsibilities and a clear statement of achievable and quantifiable goals. Systematic statewide data collection on homelessness in Washington must be a critical component of such a program enabling the state to work with local governments to count homeless persons and assist them in finding housing. The systematic collection and rigorous evaluation of homeless data, a search for and implementation through adequate resource allocation of best practices, and the systematic measurement of progress toward interim goals and the ultimate goal of ending homelessness are all necessary components of a statewide effort to end homelessness in Washington by July 1, 2015. [ 2005 c 484 s 1.] RCW 43.185C.010 Definitions. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Administrator" means the individual who has the daily administrative responsibility of a crisis residential center. (2) "Child in need of services petition" means a petition filed in juvenile court by a parent, child, or the department of children, youth, and families seeking adjudication of placement of the child. (3) "Community action agency" means a nonprofit private or public organization established under the economic opportunity act of 1964. (4) "Crisis residential center" means a secure or semi-secure facility established pursuant to chapter 74.13 RCW. (5) "Department" means the department of commerce. (6) "Director" means the director of the department of commerce. (7) "Home security fund account" means the state treasury account receiving income from revenue under RCW 36.22.250(2)(c), and all other sources directed to the homeless housing and assistance program. (8) "Homeless housing grant program" means the vehicle by which competitive grants are awarded by the department, utilizing moneys from the home security fund account, to local governments for programs directly related to housing homeless individuals and families, addressing the root causes of homelessness, preventing homelessness, collecting data on homeless individuals, and other efforts directly related to housing homeless persons. (9) "Homeless housing plan" means the five-year plan developed by the county or other local government to address housing for homeless persons. (10) "Homeless housing program" means the program authorized under this chapter as administered by the department at the state level and by the local government or its designated subcontractor at the local level. (11) "Homeless housing strategic plan" means the five-year plan developed by the department, in consultation with the interagency council on homelessness, the affordable housing advisory board, and the state advisory council on homelessness. (12) "Homeless person" means an individual living outside or in a building not meant for human habitation or which they have no legal right to occupy, in an emergency shelter, or in a temporary housing program which may include a transitional and supportive housing program if habitation time limits exist. This definition includes substance abusers, people with mental illness, and sex offenders who are homeless. (13) "HOPE center" means an agency licensed by the secretary of the department of children, youth, and families to provide temporary residential placement and other services to street youth. A street youth may remain in a HOPE center for 90 days while services are arranged and permanent placement is coordinated. No street youth may stay longer than 90 days unless approved by the department and any additional days approved by the department must be based on the unavailability of a long-term placement option. A street youth whose parent wants him or her returned to home may remain in a HOPE center until his or her parent arranges return of the youth, not longer. All other street youth must have court approval under chapter 13.34 or 13.32A RCW to remain in a HOPE center up to 90 days. (14) "Housing authority" means any of the public corporations created by chapter 35.82 RCW. (15) "Housing continuum" means the progression of individuals along a housing-focused continuum with homelessness at one end and homeownership at the other. (16) "Interagency council on homelessness" means a committee appointed by the governor and consisting of, at least, policy level representatives of the following entities: (a) The department of commerce; (b) the department of corrections; (c) the department of children, youth, and families; (d) the department of veterans affairs; and (e) the department of health. (17) "Local government" means a county government in the state of Washington or a city government, if the legislative authority of the city affirmatively elects to accept the responsibility for housing homeless persons within its borders. (18) "Local homeless housing task force" means a voluntary local committee created to advise a local government on the creation of a local homeless housing plan and participate in a local homeless housing program. It must include a representative of the county, a representative of the largest city located within the county, at least one homeless or formerly homeless person, such other members as may be required to maintain eligibility for federal funding related to housing programs and services and if feasible, a representative of a private nonprofit organization with experience in low-income housing. (19) "Long-term private or public housing" means subsidized and unsubsidized rental or owner-occupied housing in which there is no established time limit for habitation of less than two years. (20) "Performance measurement" means the process of comparing specific measures of success against ultimate and interim goals. (21) "Secure facility" means a crisis residential center, or portion thereof, that has locking doors, locking windows, or a secured perimeter, designed and operated to prevent a child from leaving without permission of the facility staff. (22) "Semi-secure facility" means any facility including, but not limited to, crisis residential centers or specialized foster family homes, operated in a manner to reasonably assure that youth placed there will not run away. Pursuant to rules established by the facility administrator, the facility administrator shall establish reasonable hours for residents to come and go from the facility such that no residents are free to come and go at all hours of the day and night. To prevent residents from taking unreasonable actions, the facility administrator, where appropriate, may condition a resident's leaving the facility upon the resident being accompanied by the administrator or the administrator's designee and the resident may be required to notify the administrator or the administrator's designee of any intent to leave, his or her intended destination, and the probable time of his or her return to the center. (23) "Staff secure facility" means a structured group care facility licensed under rules adopted by the department of children, youth, and families with a ratio of at least one adult staff member to every two children. (24) "Street outreach services" means a program that provides services and resources either directly or through referral to street youth and unaccompanied young adults as defined in RCW 43.330.702. Services including crisis intervention, emergency supplies, case management, and referrals may be provided through community-based outreach or drop-in centers. (25) "Washington homeless census" means an annual statewide census conducted as a collaborative effort by towns, cities, counties, community-based organizations, and state agencies, with the technical support and coordination of the department, to count and collect data on all homeless individuals in Washington. (26) "Washington homeless client management information system" means a database of information about homeless individuals in the state used to coordinate resources to assist homeless clients to obtain and retain housing and reach greater levels of self-sufficiency or economic independence when appropriate, depending upon their individual situations. [ 2023 c 277 s 2; 2023 c 151 s 3; 2019 c 124 s 2; 2018 c 85 s 8; 2017 c 277 s 2; 2015 c 69 s 10. Prior: 2009 c 565 s 40; 2007 c 427 s 3; 2006 c 349 s 6; 2005 c 484 s 3.] NOTES: Reviser's note: RCW 43.185C.020 Homeless housing program. There is created within the department the homeless housing program to develop and coordinate a statewide strategic plan aimed at housing homeless persons. The program shall be developed and administered by the department with advice and input from the affordable housing advisory board established in RCW 43.185B.020. [ 2005 c 484 s 5.] RCW 43.185C.030 Washington homeless census or count—Confidentiality. (1) The department shall conduct a Washington homeless census or count consistent with the requirements of RCW 43.185C.180. The department shall determine, in consultation with local governments, the data to be collected. (2) All personal information collected in the census is confidential, and the department and each local government shall take all necessary steps to protect the identity and confidentiality of each person counted. (3) The department and each local government are prohibited from disclosing any personally identifying information about any homeless individual when there is reason to believe or evidence indicating that the homeless individual is an adult or minor victim of domestic violence, dating violence, sexual assault, or stalking or is the parent or guardian of a child victim of domestic violence, dating violence, sexual assault, or stalking; or revealing other confidential information regarding HIV/AIDS status, as found in RCW 70.02.220. The department and each local government shall not ask any homeless housing provider to disclose personally identifying information about any homeless individuals when the providers implementing those programs have reason to believe or evidence indicating that those clients are adult or minor victims of domestic violence, dating violence, sexual assault, or stalking or are the parents or guardians of child victims of domestic violence, dating violence, sexual assault, or stalking. Summary data for the provider's facility or program may be substituted. (4) The Washington homeless census shall be conducted on a schedule created by the department. The department shall make summary data by county available to the public each year. This data, and its analysis, shall be included in the department's annual updated homeless housing program strategic plan. [ 2025 c 160 s 1; 2018 c 85 s 3; 2013 c 200 s 25; 2005 c 484 s 6.] NOTES: Intent— RCW 43.185C.040 Homeless housing strategic plan—Program outcomes and performance measures and goals—Coordination—Statewide data gathering instrument—Reports. (1) The department shall, in consultation with the interagency council on homelessness, the affordable housing advisory board, and the state advisory council on homelessness, prepare and publish a five-year homeless housing strategic plan which must outline statewide goals and performance measures. The state homeless housing strategic plan must be submitted to the legislature by July 1, 2019, and every five years thereafter. The plan must include: (a) Performance measures and goals to reduce homelessness, including long-term and short-term goals; (b) An analysis of the services and programs being offered at the state and county level and an identification of those representing best practices and outcomes; (c) Recognition of services and programs targeted to certain homeless populations or geographic areas in recognition of the diverse needs across the state; (d) New or innovative funding, program, or service strategies to pursue; (e) An analysis of either current drivers of homelessness or improvements to housing security, or both, such as increases and reductions to employment opportunities, housing scarcity and affordability, health and behavioral health services, chemical dependency treatment, and incarceration rates; and (f) An implementation strategy outlining the roles and responsibilities at the state and local level and timelines to achieve a reduction in homelessness at the statewide level during periods of the five-year homeless housing strategic plan. (2) The department must coordinate its efforts on the state homeless housing strategic plan with the office of homeless youth prevention and protection programs advisory committee under RCW 43.330.705. The state homeless housing strategic plan must not conflict with the strategies, planning, data collection, and performance and outcome measures developed under RCW 43.330.705 and 43.330.706 to reduce the state's homeless youth population. (3) To guide local governments in preparation of local homeless housing plans due December 1, 2019, the department shall issue by December 1, 2018, guidelines consistent with this chapter and including the best available data on each community's homeless population. Program outcomes, performance measures, and goals must be created by the department in collaboration with local governments against which state and local governments' performance will be measured. (4) The department shall develop a consistent statewide data gathering instrument to monitor the performance of cities and counties receiving grants in order to determine compliance with the terms and conditions set forth in the grant application or required by the department. The department shall, in consultation with the interagency council on homelessness and the affordable housing advisory board, report biennially to the governor and the appropriate committees of the legislature an assessment of the state's performance in furthering the goals of the state five-year homeless housing strategic plan and the performance of each participating local government in creating and executing a local homeless housing plan which meets the requirements of this chapter. To increase the effectiveness of the report, the department must develop a process to ensure consistent presentation, analysis, and explanation in the report, including year-to-year comparisons, highlights of program successes and challenges, and information that supports recommended strategy or operational changes. The report may include performance measures such as: (a) The reduction in the number of homeless individuals and families from the initial count of homeless persons; (b) The reduction in the number of unaccompanied homeless youth. "Unaccompanied homeless youth" has the same meaning as in RCW 43.330.702; (c) The number of new units available and affordable for homeless families by housing type; (d) The number of homeless individuals identified who are not offered suitable housing within thirty days of their request or identification as homeless; (e) The number of households at risk of losing housing who maintain it due to a preventive intervention; (f) The transition time from homelessness to permanent housing; (g) The cost per person housed at each level of the housing continuum; (h) The ability to successfully collect data and report performance; (i) The extent of collaboration and coordination among public bodies, as well as community stakeholders, and the level of community support and participation; (j) The quality and safety of housing provided; and (k) The effectiveness of outreach to homeless persons, and their satisfaction with the program. [ 2018 c 85 s 4; 2017 3rd sp.s. c 15 s 2; 2015 c 69 s 25; 2009 c 518 s 17; 2005 c 484 s 7.] NOTES: Intent— RCW 43.185C.045 Homeless housing strategic plan—Annual report of department and local governments. (1) By December 1st of each year, the department must provide an update on the state's homeless housing strategic plan and its activities for the prior fiscal year. The report must include, but not be limited to, the following information: (a) An assessment of the current condition of homelessness in Washington state and the state's performance in meeting the goals in the state homeless housing strategic plan; (b) A report on the results of the annual homeless point-in-time census conducted statewide under RCW 43.185C.030; (c) The amount of federal, state, local, and private funds spent on homelessness assistance, categorized by funding source and the following major assistance types: (i) Emergency shelter; (ii) Homelessness prevention and rapid rehousing; (iii) Permanent housing; (iv) Permanent supportive housing; (v) Transitional housing; (vi) Services only; and (vii) Any other activity in which more than five hundred thousand dollars of category funds were expended; (d) A report on the expenditures, performance, and outcomes of state funds distributed through the consolidated homeless grant program, including the grant recipient, award amount expended, use of the funds, counties served, and households served; (e) A report on state and local homelessness document recording fee expenditure by county, including the total amount of fee spending, percentage of total spending from fees, and number of people served by major assistance type; (f) A report on the expenditures, performance, and outcomes of the essential needs and housing support program meeting the requirements of RCW 43.185C.220; (g) A report on the expenditures, performance, and outcomes of the independent youth housing program meeting the requirements of RCW 43.63A.311; (h) A county-level report on the expenditures, performance, and outcomes of the eviction prevention rental assistance program under RCW 43.185C.185. The report must include, but is not limited to: (i) The number of adults without minor children served in each county; (ii) The number of households with adults and minor children served in each county; and (iii) The number of unaccompanied youth and young adults who are being served in each county; and (i) A county-level report on the expenditures, performance, and outcomes of the rapid rehousing, project-based vouchers, and housing acquisition programs under RCW 36.22.250. The report must include, but is not limited to: (i) The number of persons who are unsheltered receiving shelter through a project-based voucher in each county; (ii) The number of units acquired or built via rapid rehousing and housing acquisition in each county; and (iii) The number of adults without minor children, households with adults and minor children, unaccompanied youth, and young adults who are being served by the programs under RCW 36.22.250 in each county. (2) The report required in subsection (1) of this section must be posted to the department's website and may include links to updated or revised information contained in the report. (3) Any local government receiving state funds for homelessness assistance or state or local homelessness document recording fees under RCW 36.22.250 must provide an annual report on the current condition of homelessness in its jurisdiction, its performance in meeting the goals in its local homeless housing plan, and any significant changes made to the plan. The annual report must be posted on the department's website. Along with each local government annual report, the department must produce and post information on the local government's homelessness spending from all sources by project during the prior state fiscal year in a format similar to the department's report under subsection (1)(c) of this section. If a local government fails to report or provides an inadequate or incomplete report, the department must take corrective action, which may include withholding state funding for homelessness assistance to the local government to enable the department to use such funds to contract with other public or nonprofit entities to provide homelessness assistance within the jurisdiction. [ 2023 c 277 s 3; 2021 c 214 s 3; 2018 c 85 s 9.] NOTES: Findings— RCW 43.185C.050 Local homeless housing plans. (1) Each local homeless housing task force shall prepare and recommend to its local government legislative authority a five-year homeless housing plan for its jurisdictional area, which shall be not inconsistent with the department's statewide guidelines issued by December 1, 2018, and thereafter the department's five-year homeless housing strategic plan, and which shall be aimed at eliminating homelessness. The local government may amend the proposed local plan and shall adopt a plan by December 1, 2019. Performance in meeting the goals of this local plan shall be assessed annually in terms of the performance measures published by the department. Local plans may include specific local performance measures adopted by the local government legislative authority, and may include recommendations for any state legislation needed to meet the state or local plan goals. (2) Eligible activities under the local plans include: (a) Rental and furnishing of dwelling units for the use of homeless persons; (b) Costs of developing affordable housing for homeless persons, and services for formerly homeless individuals and families residing in transitional housing or permanent housing and still at risk of homelessness; (c) Operating subsidies for transitional housing or permanent housing serving formerly homeless families or individuals; (d) Services to prevent homelessness, such as emergency eviction prevention programs including temporary rental subsidies to prevent homelessness; (e) Temporary services to assist persons leaving state institutions and other state programs to prevent them from becoming or remaining homeless; (f) Outreach services for homeless individuals and families; (g) Development and management of local homeless plans including homeless census data collection; identification of goals, performance measures, strategies, and costs and evaluation of progress towards established goals; (h) Rental vouchers payable to landlords for persons who are homeless or below thirty percent of the median income or in immediate danger of becoming homeless; and (i) Other activities to reduce and prevent homelessness as identified for funding in the local plan. [ 2018 c 85 s 5; 2005 c 484 s 8.] NOTES: Intent— RCW 43.185C.060 Home security fund account—Performance metrics—Expenditure review. (1) The home security fund account is created in the state treasury, subject to appropriation. Expenditures from the account may be used only for programs as described in this chapter. (2)(a) By December 15, 2021, the department, in consultation with stakeholder groups specified in RCW 43.185C.185(2)(c), must create a set of performance metrics for each county receiving funding under RCW 36.22.250(4)(b). The metrics must target actions within a county's control that will prevent and reduce homelessness, such as increasing the number of permanent supportive housing units and increasing or maintaining an adequate number of noncongregate shelter beds. (b)(i) Beginning July 1, 2023, and by July 1st every two years thereafter, the department must award funds under RCW 36.22.250(4)(b) to eligible grantees in a manner that 7 [seven] percent of funding is distributed as a performance-based allocation based on performance metrics created under (a) of this subsection, in addition to any base allocation of funding for the county. (ii) Any county that demonstrates that it has met or exceeded the majority of the target actions to prevent and reduce homelessness over the previous two years must receive the remaining 15 percent performance-based allocation. Any county that fails to meet or exceed the majority of target actions to prevent and reduce homelessness must enter into a corrective action plan with the department. To receive its performance-based allocation, a county must agree to undertake the corrective actions outlined in the corrective action plan and any reporting and monitoring deemed necessary by the department. Any county that fails to meet or exceed the majority of targets for two consecutive years after entering into a corrective action plan may be subject to a reduction in the performance-based portion of the funds received in (b)(i) of this subsection, at the discretion of the department in consultation with stakeholder groups specified in RCW 43.185C.185(2)(c). Performance-based allocations unspent due to lack of compliance with a corrective action plan created under this subsection (2)(b) may be distributed to other counties that have met or exceeded their target actions. (3) The department must distinguish allotments from the account made to carry out the activities in RCW 43.330.167, 43.330.700 through 43.330.715, 43.330.911, 43.185C.010, and 43.185C.250 through 43.185C.320. (4) During the 2019-2021 and 2021-2023 fiscal biennia, expenditures from the account may also be used for shelter capacity grants. [ 2023 c 277 s 4. Prior: 2021 c 334 s 980; 2021 c 214 s 4; 2020 c 357 s 915; 2018 c 85 s 6; 2014 c 200 s 2; 2007 c 427 s 6; 2005 c 484 s 10.] NOTES: Conflict with federal requirements— RCW 43.185C.070 Grant applications. (1) During each calendar year in which moneys from the home security fund account are available for use by the department for the homeless housing grant program, the department shall announce to all Washington counties, participating cities, and through major media throughout the state, a grant application period of at least ninety days' duration. This announcement will be made as often as the director deems appropriate for proper utilization of resources. The department shall then promptly grant as many applications as will utilize available funds, less appropriate administrative costs of the department as described in RCW 36.22.250(4)(a). (2) The department will develop, with advice and input from the affordable housing advisory board established in RCW 43.185B.020, criteria to evaluate grant applications. (3) The department may approve applications only if they are consistent with the local and state homeless housing program strategic plans. The department may give preference to applications based on some or all of the following criteria: (a) The total homeless population in the applicant local government service area, as reported by the most recent annual Washington homeless census; (b) Current local expenditures to provide housing for the homeless and to address the underlying causes of homelessness as described in RCW 43.185C.005; (c) Local government and private contributions pledged to the program in the form of matching funds, property, infrastructure improvements, and other contributions; and the degree of leveraging of other funds from local government or private sources for the program for which funds are being requested, to include recipient contributions to total project costs, including allied contributions from other sources such as professional, craft and trade services, and lender interest rate subsidies; (d) Construction projects or rehabilitation that will serve homeless individuals or families for a period of at least twenty-five years; (e) Projects which demonstrate serving homeless populations with the greatest needs, including projects that serve special needs populations; (f) The degree to which the applicant project represents a collaboration between local governments, nonprofit community-based organizations, local and state agencies, and the private sector, especially through its integration with the coordinated and comprehensive plan for homeless families with children required under RCW 43.63A.650; (g) The cooperation of the local government in the annual Washington homeless census project; (h) The commitment of the local government and any subcontracting local governments, nonprofit organizations, and for-profit entities to employ a diverse workforce; (i) The extent, if any, that the local homeless population is disproportionate to the revenues collected under this chapter and RCW 36.22.250; and (j) Other elements shown by the applicant to be directly related to the goal and the department's state strategic plan. [ 2023 c 277 s 5; 2005 c 484 s 11.] RCW 43.185C.080 Homeless housing grants—Participation. (1) Only a local government is eligible to receive a homeless housing grant from the home security fund account. Any city may assert responsibility for homeless housing within its borders if it so chooses, by forwarding a resolution to the legislative authority of the county stating its intention and its commitment to operate a separate homeless housing program. The city shall then receive a percentage of the surcharge assessed under RCW 36.22.250(2)(b) equal to the percentage of the city's local portion of the real estate excise tax collected by the county. A participating city may also then apply separately for homeless housing program grants. A city choosing to operate a separate homeless housing program shall be responsible for complying with all of the same requirements as counties and shall adopt a local homeless housing plan meeting the requirements of this chapter for county local plans. However, the city may by resolution of its legislative authority accept the county's homeless housing task force as its own and based on that task force's recommendations adopt a homeless housing plan specific to the city. (2) Local governments applying for homeless housing funds may subcontract with any other local government, housing authority, community action agency or other nonprofit organization for the execution of programs contributing to the overall goal of ending homelessness within a defined service area. All subcontracts shall be consistent with the local homeless housing plan adopted by the legislative authority of the local government, time limited, and filed with the department and shall have specific performance terms. While a local government has the authority to subcontract with other entities, the local government continues to maintain the ultimate responsibility for the homeless housing program within its borders. (3) A county may decline to participate in the program authorized in this chapter by forwarding to the department a resolution adopted by the county legislative authority stating the intention not to participate. A copy of the resolution shall also be transmitted to the county auditor and treasurer. If such a resolution is adopted, all of the funds otherwise due to the county under RCW 43.185C.060 shall be remitted monthly to the state treasurer for deposit in the home security fund account, without any reduction by the county for collecting or administering the funds. Upon receipt of the resolution, the department shall promptly begin to identify and contract with one or more entities eligible under this section to create and execute a local homeless housing plan for the county meeting the requirements of this chapter. The department shall expend all of the funds received from the county under this subsection to carry out the purposes of chapter 484, Laws of 2005 in the county, provided that the department may retain six percent of these funds to offset the cost of managing the county's program. (4) A resolution by the county declining to participate in the program shall have no effect on the ability of each city in the county to assert its right to manage its own program under this chapter, and the county shall monthly transmit to the city the funds due under this chapter. [ 2023 c 277 s 6; 2005 c 484 s 12.] RCW 43.185C.090 Allocation of grant moneys—Issuance of criteria or guidelines. The department shall allocate grant moneys from the *homeless housing account to finance in whole or in part programs and projects in approved local homeless housing plans to assist homeless individuals and families gain access to adequate housing, prevent at-risk individuals from becoming homeless, address the root causes of homelessness, track and report on homeless-related data, and facilitate the movement of homeless or formerly homeless individuals along the housing continuum toward more stable and independent housing. The department may issue criteria or guidelines to guide local governments in the application process. [ 2005 c 484 s 13.] NOTES: *Reviser's note: RCW 43.185C.100 Technical assistance. The department shall provide technical assistance to any participating local government that requests such assistance. Technical assistance activities may include: (1) Assisting local governments to identify appropriate parties to participate on local homeless housing task forces; (2) Assisting local governments to identify appropriate service providers with which the local governments may subcontract for service provision and development activities, when necessary; (3) Assisting local governments to implement or expand homeless census programs to meet homeless housing program requirements; (4) Assisting in the identification of "best practices" from other areas; (5) Assisting in identifying additional funding sources for specific projects; and (6) Training local government and subcontractor staff. [ 2005 c 484 s 14.] RCW 43.185C.110 Progress reports—Uniform process. The department shall establish a uniform process for participating local governments to report progress toward reducing homelessness and meeting locally established goals. [ 2005 c 484 s 15.] RCW 43.185C.120 Rules. The department may adopt such rules as may be necessary to effect the purposes of this chapter. [ 2005 c 484 s 16.] RCW 43.185C.130 Protection of state's interest in grant program projects. The department shall ensure that the state's interest is protected upon the development, use, sale, or change of use of projects constructed, acquired, or financed in whole or in part through the homeless housing grant program. These policies may include, but are not limited to: (1) Requiring a share of the appreciation in the project in proportion to the state's contribution to the project, or (2) requiring a lump sum repayment of the grant upon the sale or change of use of the project. [ 2005 c 484 s 17.] RCW 43.185C.140 Public assistance eligibility—Payments exempt. The department of social and health services shall exempt payments to individuals provided under this chapter when determining eligibility for public assistance. [ 2005 c 484 s 20.] RCW 43.185C.150 Expenditures within authorized funds—Existing expenditures not reduced or supplanted. This chapter does not require either the department or any local government to expend any funds to accomplish the goals of this chapter other than the revenues authorized in chapter 484, Laws of 2005. However, neither the department nor any local government may use any funds authorized in chapter 484, Laws of 2005 to supplant or reduce any existing expenditures of public money for the reduction or prevention of homelessness or services for homeless persons. [ 2005 c 484 s 21.] RCW 43.185C.160 County homeless housing task forces—Homeless housing plans—Reports by counties. (1) Each county shall create a homeless housing task force to develop a five-year homeless housing plan addressing short-term and long-term housing for homeless persons. Membership on the task force may include representatives of the counties, cities, towns, housing authorities, civic and faith organizations, schools, community networks, human services providers, law enforcement personnel, criminal justice personnel, including prosecutors, probation officers, and jail administrators, substance abuse treatment providers, mental health care providers, emergency health care providers, businesses, real estate professionals, at large representatives of the community, and a homeless or formerly homeless individual. In lieu of creating a new task force, a local government may designate an existing governmental or nonprofit body which substantially conforms to this section and which includes at least one homeless or formerly homeless individual to serve as its homeless representative. As an alternative to a separate plan, two or more local governments may work in concert to develop and execute a joint homeless housing plan, or to contract with another entity to do so according to the requirements of this chapter. While a local government has the authority to subcontract with other entities, the local government continues to maintain the ultimate responsibility for the homeless housing program within its borders. A county may decline to participate in the program authorized in this chapter by forwarding to the department a resolution adopted by the county legislative authority stating the intention not to participate. A copy of the resolution shall also be transmitted to the county auditor and treasurer. If a county declines to participate, the department shall create and execute a local homeless housing plan for the county meeting the requirements of this chapter. (2) In addition to developing a five-year homeless housing plan, each task force shall establish guidelines consistent with the statewide homeless housing strategic plan, as needed, for the following: (a) Emergency shelters; (b) Short-term housing needs; (c) Temporary encampments; (d) Supportive housing for chronically homeless persons; and (e) Long-term housing. Guidelines must include, when appropriate, standards for health and safety and notifying the public of proposed facilities to house the homeless. (3) Each county, including counties exempted from creating a new task force under subsection (1) of this section, shall report to the department such information as may be needed to ensure compliance with this chapter, including the annual report required in RCW 43.185C.045. [ 2018 c 85 s 7; 2005 c 485 s 1.] NOTES: Intent— RCW 43.185C.170 Interagency council on homelessness—Duties—Reports. (1) The interagency council on homelessness, as defined in RCW 43.185C.010, shall be convened not later than August 31, 2006, and shall meet at least two times each year and report to the appropriate committees of the legislature annually by December 31st on its activities. (2) The interagency council on homelessness shall work to create greater levels of interagency coordination and to coordinate state agency efforts with the efforts of state and local entities addressing homelessness. (3) The interagency council shall seek to: (a) Align homeless-related housing and supportive service policies among state agencies; (b) Identify ways in which providing housing with appropriate services can contribute to cost savings for state agencies; (c) Identify policies and actions that may contribute to homelessness or interfere with its reduction; (d) Review and improve strategies for discharge from state institutions that contribute to homelessness; (e) Recommend policies to either improve practices or align resources, or both, including those policies requested by the affordable housing advisory board or through state and local housing plans; and (f) Ensure that the housing status of people served by state programs is collected in consistent formats available for analysis. [ 2006 c 349 s 7.] NOTES: Finding— RCW 43.185C.180 Washington homeless client management information system. (1) In order to improve services for the homeless, the department, within amounts appropriated by the legislature for this specific purpose, shall implement the Washington homeless client management information system for the ongoing collection and updates of information about all homeless individuals in the state. (2) Information about homeless individuals for the Washington homeless client management information system shall come from the Washington homeless census and from state agencies and community organizations providing services to homeless individuals and families. (a) Personally identifying information about homeless individuals for the Washington homeless client management information system may only be collected after having obtained informed, reasonably time limited (i) written consent from the homeless individual to whom the information relates, or (ii) telephonic consent from the homeless individual, provided that written consent is obtained at the first time the individual is physically present at an organization with access to the Washington homeless client management information system. Safeguards consistent with federal requirements on data collection must be in place to protect homeless individuals' rights regarding their personally identifying information. (b) Data collection under this subsection shall be done in a manner consistent with federally informed consent guidelines regarding human research which, at a minimum, require that individuals receive: (i) Information about the expected duration of their participation in the Washington homeless client management information system; (ii) An explanation of whom to contact for answers to pertinent questions about the data collection and their rights regarding their personal identifying information; (iii) An explanation regarding whom to contact in the event of injury to the individual related to the Washington homeless client management information system; (iv) A description of any reasonably foreseeable risks to the homeless individual; and (v) A statement describing the extent to which confidentiality of records identifying the individual will be maintained. (c) The department must adopt policies governing the appropriate process for destroying Washington homeless client management information system paper documents containing personally identifying information when the paper documents are no longer needed. The policies must not conflict with any federal data requirements. (d) Any unaccompanied youth thirteen years of age or older may give consent for the collection of his or her personally identifying information under this section. "Unaccompanied" has the same definition as in RCW 43.330.702. (3) The Washington homeless client management information system shall serve as an online information and referral system to enable local governments and providers to connect homeless persons in the database with available housing and other support services. Local governments shall develop a capacity for continuous case management, including independent living plans, when appropriate, to assist homeless persons. (4) The information in the Washington homeless client management information system will also provide the department with the information to consolidate and analyze data about the extent and nature of homelessness in Washington state, giving emphasis to information about the extent and nature of homelessness in Washington state among families with children. (5) The system may be merged with other data gathering and reporting systems and shall: (a) Protect the right of privacy of individuals; (b) Provide for consultation and collaboration with all relevant state agencies including the department of social and health services, experts, and community organizations involved in the delivery of services to homeless persons; and (c) Include related information held or gathered by other state agencies. (6) Within amounts appropriated by the legislature, for this specific purpose, the department shall evaluate the information gathered and disseminate the analysis and the evaluation broadly, using appropriate computer networks as well as written reports. (7) The Washington homeless client management information system shall be implemented by December 31, 2009, and updated with new homeless client information at least annually. [ 2018 c 15 s 1; 2011 c 239 s 1; 2006 c 349 s 8; 1999 c 267 s 4. Formerly RCW 43.63A.655.] NOTES: Finding— RCW 43.185C.185 Eviction prevention rental assistance program. (1) The eviction prevention rental assistance program is created in the department to prevent evictions by providing resources to households most likely to become homeless or suffer severe health consequences, or both, after an eviction, while promoting equity by prioritizing households, including communities of color, disproportionately impacted by public health emergencies and by homelessness and housing instability. The department must provide grants to eligible organizations, as described in *RCW 43.185.060, to provide assistance to program participants. The eligible organizations must use grant moneys for: (a) Rental assistance, including rental arrears and future rent if needed to stabilize the applicant's housing and prevent their eviction; (b) Utility assistance for households if needed to prevent an eviction; and (c) Administrative costs of the eligible organization, which must not exceed limits prescribed by the department. (2) Households eligible to receive assistance through the eviction prevention rental assistance program are those: (a) With incomes at or below 80 percent of the county area median income; (b) Who are families with children, living in doubled up situations, young adults, senior citizens, and others at risk of homelessness or significant physical or behavioral health complications from homelessness; and (c) That meet any other eligibility requirements as established by the department after consultation with stakeholder groups, including persons at risk of homelessness due to unpaid rent, representatives of communities of color, homeless service providers, landlord representatives, local governments that administer homelessness assistance, a statewide association representing cities, a statewide association representing counties, a representative of homeless youth and young adults, and affordable housing advocates. (3) A landlord may assist an eligible household in applying for assistance through the eviction prevention rental assistance program or may apply for assistance on an eligible household's behalf. (4)(a) Eligible grantees must actively work with organizations rooted in communities of color to assist and serve marginalized populations within their communities. (b) At least 10 percent of the grant total must be subgranted to organizations that serve and are substantially governed by marginalized populations to pay the costs associated with program outreach, assistance completing applications for assistance, rent assistance payments, activities that directly support the goal of improving access to rent assistance for people of color, and related costs. Upon request by an eligible grantee or the county or city in which it exists, the department must provide a list of organizations that serve and are substantially governed by marginalized populations, if known. (c) An eligible grantee may request an exemption from the department from the requirements under (b) of this subsection. The department must consult with the stakeholder group established under subsection (2)(c) of this section before granting an exemption. An eligible grantee may request an exemption only if the eligible grantee: (i) Is unable to subgrant with an organization that serves and is substantially governed by marginalized populations; or (ii) Provides the department with a plan to spend 10 percent of the grant total in a manner that the department determines will improve racial equity for historically underserved communities more effectively than a subgrant. (5) The department must ensure equity by developing performance measures and benchmarks that promote both equitable program access and equitable program outcomes. Performance measures and benchmarks must be developed by the department in consultation with stakeholder groups, including persons at risk of homelessness due to unpaid rent, representatives of communities of color, homeless service providers, landlord representatives, local governments that administer homelessness assistance, a statewide association representing cities, a statewide association representing counties, a representative of homeless youth and young adults, and affordable housing advocates. Performance measures and benchmarks must also ensure that the race and ethnicity of households served under the program are proportional to the numbers of people at risk of homelessness in each county for each of the following groups: (a) Black or African American; (b) American Indian and Alaska Native; (c) Native Hawaiian or other Pacific Islander; (d) Hispanic or Latinx; (e) Asian; (f) Other multiracial. (6) The department may develop additional rules, requirements, procedures, and guidelines as necessary to implement and operate the eviction prevention rental assistance program. (7)(a) The department must award funds under this section to eligible grantees in a manner that is proportional to the amount of revenue collected under RCW 36.22.250 from the county being served by the grantee. (b) The department must provide counties with the right of first refusal to receive grant funds distributed under this subsection. If a county refuses the funds or does not respond within a time frame established by the department, the department must identify an alternative grantee. The alternative grantee must distribute the funds in a manner that is in compliance with this chapter. [ 2023 c 277 s 7; 2021 c 214 s 2.] NOTES: *Reviser's note: RCW 43.185C.190 Affordable housing for all account. The affordable housing for all account is created in the state treasury, subject to appropriation. Expenditures from the account may only be used for allowable uses as described in RCW 36.22.250(5). During the 2021-2023 fiscal biennium, expenditures from the account may be used for operations, maintenance, and services for permanent supportive housing as defined in RCW 36.70A.030. It is the intent of the legislature to continue this policy in future biennia. [ 2023 c 277 s 8. Prior: 2021 c 334 s 981; 2021 c 214 s 5; 2011 1st sp.s. c 50 s 955; 2007 c 427 s 2.] NOTES: Conflict with federal requirements— RCW 43.185C.200 Transitional housing assistance to offenders—Pilot program. (1) The department of commerce shall establish a pilot program to provide grants to eligible organizations, as described in RCW 43.185A.040, to provide transitional housing assistance to offenders who are reentering the community and are in need of housing. (2) There shall be a minimum of two pilot programs established in two counties. The pilot programs shall be selected through a request for proposal process and in consultation with the department of corrections. The department shall select the pilot sites by January 1, 2008. (3) The pilot program shall: (a) Be operated in collaboration with the community justice center existing in the location of the pilot site; (b) Offer transitional supportive housing that includes individual support and mentoring available on an ongoing basis, life skills training, and close working relationships with community justice centers and community corrections officers. Supportive housing services can be provided directly by the housing operator, or in partnership with community-based organizations; (c) In providing assistance, give priority to offenders who are designated as high risk or high needs as well as those determined not to have a viable release plan by the department of corrections; (d) Optimize available funding by utilizing cost-effective community-based shared housing arrangements or other noninstitutional living arrangements; and (e) Provide housing assistance for a period of time not to exceed twelve months for a participating offender. (4) The department may also use up to twenty percent of the funding appropriated in the operating budget for this section to support the development of additional supportive housing resources for offenders who are reentering the community. (5) The department shall: (a) Collaborate with the department of corrections in developing criteria to determine who will qualify for housing assistance; and (b) Gather data, and report to the legislature by November 1, 2008, on the number of offenders seeking housing, the number of offenders eligible for housing, the number of offenders who receive the housing, and the number of offenders who commit new crimes while residing in the housing to the extent information is available. (6) The department of corrections shall collaborate with organizations receiving grant funds to: (a) Help identify appropriate housing solutions in the community for offenders; (b) Where possible, facilitate an offender's application for housing prior to discharge; (c) Identify enhancements to training provided to offenders prior to discharge that may assist an offender in effectively transitioning to the community; (d) Maintain communication between the organization receiving grant funds, the housing provider, and corrections staff supervising the offender; and (e) Assist the offender in accessing resources and services available through the department of corrections and a community justice center. (7) The state, department of commerce, department of corrections, local governments, local housing authorities, eligible organizations as described in RCW 43.185A.040, and their employees are not liable for civil damages arising from the criminal conduct of an offender solely due to the placement of an offender in housing provided under this section or the provision of housing assistance. (8) Nothing in this section allows placement of an offender into housing without an analysis of the risk the offender may pose to that particular community or other residents. [ 2023 c 470 s 2072; 2023 c 275 s 19; 2007 c 483 s 604.] NOTES: Reviser's note: RCW 43.185C.210 Transitional housing operating and rent program. (1) The transitional housing operating and rent program is created in the department to assist individuals and families who are homeless or who are at risk of becoming homeless to secure and retain safe, decent, and affordable housing. The department shall provide grants to eligible organizations, as described in RCW 43.185A.040, to provide assistance to program participants. The eligible organizations must use grant moneys for: (a) Rental assistance, which includes security or utility deposits, first and last month's rent assistance, and eligible moving expenses to be determined by the department; (b) Case management services designed to assist program participants to secure and retain immediate housing and to transition into permanent housing and greater levels of self-sufficiency; (c) Operating expenses of transitional housing facilities that serve homeless families with children; and (d) Administrative costs of the eligible organization, which must not exceed limits prescribed by the department. (2) Eligible to receive assistance through the transitional housing operating and rent program are: (a) Families with children who are homeless or who are at risk of becoming homeless and who have household incomes at or below fifty percent of the median household income for their county; (b) Families with children who are homeless or who are at risk of becoming homeless and who are receiving services under chapter 13.34 RCW; (c) Individuals or families without children who are homeless or at risk of becoming homeless and who have household incomes at or below thirty percent of the median household income for their county; (d) Individuals or families who are homeless or who are at risk of becoming homeless and who have a household with an adult member who has a mental health or chemical dependency disorder; and (e) Individuals or families who are homeless or who are at risk of becoming homeless and who have a household with an adult member who is an offender released from confinement within the past eighteen months. (3) All program participants must be willing to create and actively participate in a housing stability plan for achieving permanent housing and greater levels of self-sufficiency. (4) Data on all program participants must be entered into and tracked through the Washington homeless client management information system as described in RCW 43.185C.180. For eligible organizations serving victims of domestic violence or sexual assault, compliance with this subsection must be accomplished in accordance with 42 U.S.C. Sec. 11383(a)(8). (5) The department may develop rules, requirements, procedures, and guidelines as necessary to implement and operate the transitional housing operating and rent program. (6) The department shall produce an annual transitional housing operating and rent program report that must be included in the department's homeless housing strategic plan as described in RCW 43.185C.040. The report must include performance measures to be determined by the department that address, at a minimum, the following issue areas: (a) The success of the program in helping program participants transition into permanent affordable housing and achieve self-sufficiency or increase their levels of self-sufficiency, which shall be defined by the department based upon the costs of living, including housing costs, needed to support: (i) One adult individual; and (ii) two adult individuals and one preschool-aged child and one school-aged child; (b) The financial performance of the program related to efficient program administration by the department and program operation by selected eligible organizations, including an analysis of the costs per program participant served; (c) The quality, completeness, and timeliness of the information on program participants provided to the Washington homeless client management information system database; and (d) The satisfaction of program participants in the assistance provided through the program. [ 2023 c 275 s 20; 2020 c 155 s 1; 2011 c 353 s 6; 2008 c 256 s 1.] NOTES: Intent— RCW 43.185C.220 Essential needs and housing support program—Distribution of funds. (1) The department shall distribute funds for the essential needs and housing support program established under this section in a manner consistent with the requirements of this section and the biennial operating budget. The first distribution of funds must be completed by September 1, 2011. Essential needs or housing support is not an entitlement, and is only for: (a) Persons found eligible for such services under RCW 74.04.805; and (b) At the discretion of the department, low or extremely low-income elderly or disabled adults who are transitioning off benefits under RCW 74.04.805, receiving federal social security benefits, and still have an immediate housing need. A referral from the department of social and health