1. (1) Religious organizations may host unsheltered people on property the organizations own or control, whether within buildings located on the property, or outside of buildings on the property consistent with RCW 35A.21.360, 36.01.290, and 35.21.915.

   1. (a) Counties and cities may not impose conditions other than those necessary to protect public health and safety and that do not substantially burden the ability of the religious organization to provide housing for unsheltered people.
   2. (b) Counties and cities have discretion to reduce or waive permit fees for a religious organization that hosts unsheltered people.
   3. (c) Any religious organization hosting an outdoor encampment, vehicle resident safe parking area, temporary small houses, or indoor overnight shelter, with a publicly funded managing agency, must work with the county or city to use Washington's homeless client management information system, as provided for in RCW 43.185C.180.

2. (2) County and city incentive programs must include increased density bonuses, consistent with local needs, for new or rehabilitated affordable housing development on property owned or controlled by a religious organization, consistent with RCW 36.70A.545, 35A.63.300, and 35.63.280. This density bonus should be administratively approved. There are no requirements for how much additional density must be allowed, but counties and cities:

   1. (a) May develop policies to guide the development of an increased density bonus for affordable housing development on property owned or controlled by a religious organization, such as the level of bonus densities needed to allow an affordable housing project to develop or the scale of bonus densities based on the surrounding context of the property;
   2. (b) Must limit the bonus density to sites within the urban growth area;
   3. (c) Should adopt requirements for recording a notice to title that ensures the development is exclusively used for housing affordable to low-income households, and will meet the established affordability criteria for a time period not less than 50 years;
   4. (d) Should require the developer to work with transit service providers, if applicable, to provide appropriate transit services;
   5. (e) Must require that the development not discriminate against any low-income household on the basis of race, creed, color, national origin, sex, veteran or military status, sexual orientation, or mental or physical disability; or otherwise act in violation of the federal Fair Housing Amendments Act of 1988 (42 U.S.C. Sec. 3601 et seq.);
   6. (f) Should also refer to RCW 36.01.290 and the Religious Land Use and Institutionalized Persons Act (RLUIPA) to understand the limits of their authority to regulate uses on property owned or controlled by a religious organization as well as the limits of what the religious organization may offer.

[Statutory Authority: RCW 36.70A.050 and 36.70A.190. WSR 25-17-058, s 365-196-872, filed 8/15/25, effective 9/15/25.]