Futurewise, along with local Mercer Island residents Kian Bradley and Trevor Reed has filed an appeal with the Growth Management Hearings Board (GMHB) of the Mercer Island comprehensive plan. Our case contends that the plan violates state law by failing to determine if the city has adequate capacity for emergency shelters, transitional housing, emergency housing, and permanent supportive housing, fails to adequately increase housing capacity near the new light rail station, and fails to adopt actions that repair harms to Black, Indigenous and other People of Color households from racially exclusive land use policies.

“In a statewide housing crisis, every place needs to do its part to add housing choices, especially for low-income households, and especially near jobs, great schools, and major investments in transit,” said Alex Brennan, Futurewise Executive Director. “For too long Mercer Island has not done its part. It’s time for Mercer Island to take action to begin undoing that history of exclusion, as is now required by state law.”

Our appeal will be the first to test new state housing law and a ruling in our favor would set a new statewide precedent for local housing plans. State law HB 1220, passed in 2021 in response to the state’s housing crisis, sets new requirements for comprehensive plans to ensure that all cities and counties in the state are sharing in the effort to increase zoned capacity for housing. The new requirements particularly focus on allowing housing that serves people at all income levels, allowing more shelters and transitional housing, and adopting housing plans that particularly address the legacy of segregation and limit displacement of low-income communities and communities of color.

Mercer Island is one of Washington’s wealthiest cities and most expensive housing markets, with a median household income of $190,985 and median home price of $1.68 million. The appeal of the Mercer Island comprehensive plan contends that the comprehensive plan does not comply with HB 1220 nor does the plan comply with County Planning Policies (CPPs) that require comprehensive plans to prioritize housing options for low-income households, adopt actions that repair harms to Black, Indigenous and other People of Color households from racially exclusive land use policies, and adopt policies to promote equitable development.

Futurewise and our allies argue that Mercer Island’s comprehensive plan is out of step with neighboring jurisdictions like Bellevue or Redmond.

“Mercer Island enjoys substantial benefits that come from its regional partnerships and the robust local economy,” said Debbie Lacy, Executive Director of Eastside for All. “Choosing not to correct patterns of exclusionary housing that contribute to racial disparities and a lack of housing for all but the most wealthy and privileged shows disregard for communities and neighboring municipalities. Opting out is harmful and unjust.”

A new light rail station is expected to open this year, connecting Mercer Island to job centers in downtown Seattle, Bellevue and Redmond. Kian Bradley is a Mercer Island resident joining the appeal who argues that Mercer Island is being negligent in planning for more housing around the future light rail station.

“The Eastside has seen huge growth in housing demand in the last 20 years, causing prices to soar,” said Bradley. “Mercer Island is incredibly well positioned to handle this demand, situated between two large cities, connected by light rail, offering access to excellent schools. It’s disappointing that the city continues to drag its feet and fail to meet the minimum requirements of the Growth Management Act.”

The Growth Management Hearings Board is expected to decide the merits of the appeal by July 2025.

 

HB 1220 Fact Sheet

HB 1220 (passed in 2021) updated the housing element of the Growth Management Act (GMA). Between 2024 and 2027, all cities and counties in Washington that plan under the GMA will be updating their comprehensive plans; these plans will be the first to comply with the new requirements under HB 1220.

Changes in local requirements for housing plans include:

• Planning for sufficient land capacity for housing needs, including all economic segments of the population (moderate, low, very low and extremely low income, as well as emergency housing and permanent supportive housing).
• Providing for moderate density housing options within Urban Growth Areas (UGAs), including but not limited to duplexes, triplexes and townhomes. This update is required within six months of the comprehensive plan update.
• Making adequate provisions for housing for existing and projected needs for all economic segments of the community, including documenting programs and actions needed to achieve housing availability.
• Updating their comprehensive plans and development regulations with respect to emergency shelters, transitional housing, emergency housing, and permanent supportive housing (STEP).
• Identifying racially disparate impacts, displacement and exclusion in land use and housing policies and regulations, and beginning to undo those impacts; and identifying areas at higher risk of displacement and establishing anti-displacement policies.

(Department of Commerce)