AN ACT Relating to the housing finance commission;
Bill Description
Concerning the housing finance commission.
What this bill does Powered by Legitron
Substitute House Bill 2236 proposes multiple changes to chapter 43.180 RCW. It adds a new section stating the Washington State Housing Finance Commission (commission) is not intended to act as a retail mortgage lender or compete with private lenders for originating residential mortgage loans to individual homebuyers, and clarifies that RCW 43.180.050(1)(c) is intended to streamline financing for multifamily and nonowner-occupied housing while preserving licensed mortgage lenders’ role. The bill amends RCW 43.180.010, 43.180.050, and 43.180.080 to revise declaratory language, limit the commission from originating or making residential mortgage loans directly to natural persons for purchase or refinancing of owner-occupied single-family housing (with a carve-out for specified down payment assistance), require the commission to set eligibility standards for program participants, and require an annual state auditor audit that includes review of compliance with the commission’s general plan and use of financing for energy efficiency measures.
The bill also enumerates and clarifies many bondand operations-related powers and procedures, including authority to issue and structure bonds, covenant and security provisions, treatment of unexpended bond proceeds and special funds, ability to refund or issue parity or subordinate bonds under chapter 39.53 RCW, execution formalities for bonds, sale or disposition of acquired properties (including sale through persons licensed under chapter 18.85 RCW), and a requirement that commission administrative expenditures be paid only from commission receipts, not state funds. It requires written policies and a roster for selecting bond counsel, invitations to submit fee schedules, consideration of public interest and savings in selecting counsel, and selection at least once every four calendar years (with limited exceptions) or appointment of counsel per bond issue. The bill further prohibits the commission and its designees from granting monetary performance-based awards to employees for the period February 15, 2010, through June 30, 2011, excluding awards provided for in chapter 41.60 RCW.
Legally, the bill creates a new statutory section, amends several existing statutes, and repeals RCW 43.180.220, 43.180.230, 43.180.240, and 43.180.070. Some text is incomplete in the provided material: subsection (18) of RCW 43.180.080 is cut off, the amended language for RCW 43.180.090 and 43.180.150 is not included, and context for the historical prohibition on awards is not explained here. The bill text also references other statutes and programs (for example, chapters 18.85, 41.60, 62A.9, and 39.53 RCW) where relevant.
Why it matters Powered by Legitron
If enacted, the commission will be pushed out of the business of directly originating owner-occupied single-family mortgages and will instead focus on financing multifamily and nonowner-occupied housing, buying or committing to buy loans from private lenders, and offering limited down-payment assistance. That will preserve and likely reinforce the role of private mortgage lenders as the primary originators of home loans, while the commission shifts toward bond-financed programs, loan purchases, and participation in federal programs; at the same time the commission must fund its own operations from its receipts rather than state money, face annual state auditor reviews (including on energy-efficiency financing), and move foreclosed properties quickly through licensed sale channels, all of which could tighten its budget discipline and oversight.
The groups most affected are the Housing Finance Commission (which will have narrower retail lending options and more self-funded administrative costs), private mortgage lenders (who will retain or gain origination business and may see more secondary-market sales to the commission), bond counsel and law firms (who must apply for a roster, submit fee schedules, and expect a four-year selection cycle, likely increasing competition), and bondholders/underwriters (who gain clearer execution, security, and parity protections that may lower financing costs). The bill also contains an unexplained historical prohibition on performance-based awards for 2010–2011 and several repeals and cut-off provisions; missing text for some subsections and the full language of certain amendments means some implementation details and the full operational impact remain unclear.