Developers Ask for Mandatory Affordable Housing Fee Holiday as Permits for New Apartments Dry Up

The fees, passed in 2019, reflect a view that that new market-rate apartments create negative impacts that developers must mitigate.

By Erica C. Barnett

A group of apartment builders is asking Mayor Katie Wilson and the City Council to consider rolling back the fees they pay every time they build new housing. The developers, calling themselves the Seattle Housing Roundtable, are asking the city to reduce Mandatory Housing Affordability fees by 90 percent this year, followed by an 80 percent reduction next year and a 75 percent reduction in 2028, with a goal of permanent MHA reforms by the following year.

According to Ian Morrison, an attorney with the land use firm McCullough Hill, MHA “was a good idea when it was originally envisioned, at a time when interest rates were much lower and the economic climate was a lot more positive and predictable.” But, he added, “What we’re seeing now, using the city’s own data, is MHA as a part of a project that was viable in the late 2010s no longer work. That means housing will not be built in Seattle today.”

The Seattle City Council approved MHA in 2019 as the final component of former mayor Ed Murray’s Housing Affordability and Livability Agenda (HALA). The program made developers build affordable housing or pay a fee every time they built new apartments in Seattle’s multifamily areas (at the time, Seattle still had single-family zoning). In exchange, they were allowed to build more densely. The framework took for granted that new market-rate apartments have a negative impact on neighborhoods that developers must mitigate by funding affordable housing.

This consensus has shifted just in the seven years MHA has been in effect, as scarcity has made apartments increasingly unaffordable and more people understand that density is an environmental necessity and an answer to growing demand for housing. At the same time, the funding MHA produces for affordable housing has plunged from a high of $74 million in 2021 to just $22 million last year as development has slowed. Last year, developers filed applications to build fewer than 2,000 new apartment buildings, a drop of almost 90 percent from a peak of 17,400 units in 2020.

Developers and land use attorneys we spoke to seemed reluctant to say outright that the city should get rid of MHA altogether, although it negatively impacts their bottom line. Holly Golden, a land use attorney at HCMP Law Offices, said that with lower fees, “you’d still see millions of dollars of MHA fees, plus new construction jobs and permit fees to keep [the Seattle Department of Construction and Inspections running during the building downturn. ... Getting projects started provides a huge financial benefit to the city budget at a time when they really need it.”

Taxes on construction are inherently volatile, and there’s a real question about whether MHA aligns with the reality of Seattle as a majority-renter city with an acute housing shortage. If the city agrees to an MHA “holiday” and development rebounds, a surge in other funding sources like the Real Estate Excise Tax could help offset the loss of MHA dollars.

Not every jurisdiction funds affordable housing by charging a fee on development. PubliCola has reported on a concept called funded inclusionary zoning, in which developers get tax breaks for including affordable housing in their projects. The concept flips the script on development, treating density (i.e. apartments, i.e. renters) as a good thing while also ensuring that affordable housing gets built. Developers aren’t charitable organizations—if a project doesn’t make sense to them, they won’t build it—so instead of penalizing new housing with fees, cities like Portland are trying incentives to build new housing at all income levels.

“There are ways to ensure that inclusionary zoning programs work for the long term and are well calibrated to ensure they don’t impede housing,” Morrison said. “But getting those details right takes time.”

Eddie Lin, the head of the city council’s land use committee, told us on a recent episode of Seattle Nice that he’s “open to a temporary reduction in MHA fees. It needs to be tailored to the right size to get construction going, but not more than we need.”

Eliminating MHA completely, Lin continued, was a nonstarter; the fee, he said, remains “incredibly important for developing additional affordable housing. ... We want to be mindful of not giving away too much more than we need to.” MHA reform, he said, might include addressing the fact that developers currently have to pay a fee for building in low-rise zones but not in neighborhood residential—the former single-family zones that now allow essentially the same density as low-rise areas.

Ray Connell, managing director at the developer Holland Partner Group, said it’s possible the impact of MHA and other taxes and regulations in real time by looking east across Lake Washington. “All the cranes are in Redmond,” where fees are lower, “so projects get started,” Connell said. “It’s amazing to go over there and see a bunch of new projects and cranes in the sky. Why is it happening over there? It’s not a hard cost issue, and it’s not an interest rate issue. Yes, it’s the jobs... but it’s also the additional fees that we have to face on this side of the lake.”

Redmond recently adopted an aggressive inclusionary zoning package that says 10 percent of all new units in housing with 10 or more units must be affordable. In four years, Connell said, “there won’t be cranes in certain areas of Redmond. ... We can’t get those areas of Redmond to work anymore.”