Revised Code of Washington

Wash. Rev. Code § 35.82.010 (2026)

Finding and declaration of necessity

✓ current as of May 2026
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It is hereby declared: (1) That there exist in the state insanitary or unsafe dwelling accommodations and that persons of low income are forced to reside in such insanitary or unsafe accommodations; that within the state there is a shortage of safe or sanitary dwelling accommodations available at rents which persons of low income can afford and that such persons are forced to occupy overcrowded and congested dwelling accommodations; that the aforesaid conditions cause an increase in and spread of disease and crime and constitute a menace to the health, safety, morals and welfare of the residents of the state and impair economic values; that these conditions necessitate excessive and disproportionate expenditures of public funds for crime prevention and punishment, public health and safety, fire and accident protection, and other public services and facilities; (2) that these areas in the state cannot be cleared, nor can the shortage of safe and sanitary dwellings for persons of low income be relieved, through the operation of private enterprise, and that the construction of housing projects for persons of low income (as herein defined) would therefore not be competitive with private enterprise; (3) that the clearance, replanning and reconstruction of the areas in which insanitary or unsafe housing conditions exist and the providing of safe and sanitary dwelling accommodations for persons of low income are public uses and purposes for which public money may be spent and private property acquired and are governmental functions of state concern; (4) that it is in the public interest that work on projects for such purposes be commenced as soon as possible in order to relieve unemployment which now (1939) constitutes an emergency; and the necessity in the public interest for the provisions hereinafter enacted, is hereby declared as a matter of legislative determination.
[ 1965 c 7 s 35.82.010. Prior: 1939 c 23 s 2; RRS s 6889-2. Formerly RCW 74.24.010.]
Notes of Decisions
Cited in 14 cases, 1963–2017 · leading case: City of Bremerton v. Widell, 51 P.3d 733 (Wash. 2002).
City of Bremerton v. Widell, 51 P.3d 733 (Wash. 2002). · cites it 2× “nitary dwellings for persons of low income be relieved, through the operation of private enterprise, and that the construction of housing projects for persons of low income (as herein defined) would therefore not be competitive with private enterprise; (3) that the clearance,…”
City of Bremerton v. Widell, 51 P.3d 733 (Wash. 2002). “ersons of low income be relieved, through the operation of private enterprise, and that the construction of housing projects for persons of low income (as herein defined) would therefore not be competitive with private enterprise; (3) that the clearance, replanning and…”
King Cnty. Fire Prot. Dist. No. 16 v. Hous. Auth., 872 P.2d 516 (Wash. 1994). “Utter, Brachtenbach, Dolliver, Durham, Smith, Guy, Johnson, and Madsen, JJ.”
Drake v. Molvik & Olsen Elec., Inc., 726 P.2d 1238 (Wash. 1986). · cites it 2× “The initial preamble to the chapter was amended in 1965 and the finding and declaration of necessity now codified as RCW 35.82.010 reads: It is hereby declared: (1) that there exist in the state insanitary or unsafe dwelling accommodations and that persons of low income are…”
Mercy v. City of Seattle, 429 P.2d 917 (Wash. 1967). · cites it 4× “23, §§ 2(c) and (d) (RCW 35.82.010 (3), RCW 35.82.010 (4)) that: [T]he clearance, replanning and reconstruction of the areas in which insanitary or unsafe housing conditions exist and the providing of safe and sanitary dwelling accommodations for persons of low income are public…”
Hous. Auth. of Sunnyside v. Sunnyside Valley Irrigation Dist., 772 P.2d 473 (Wash. 1989). · cites it 2× “See RCW 35.82.010. Nevertheless, this interest is protected in that the housing exemption should be applicable in contexts other than irrigation assessments.”
Hous. Auth. v. Sunnyside Valley Irrigation Dist., 753 P.2d 1005 (Wash. Ct. App. 1988). · cites it 2× “210 specifically allows payment to a political subdivision where a housing authority is furnished with improvements, services, or facilities. In this case, however, SHA does not use the services of the irrigation district, nor has it in the past, but rather uses its own domestic…”
Wilcox v. Hous. Auth. of King Cty., 405 P.2d 723 (Wash. 1965). · cites it 2× “23, codified as RCW 35.82.010 et seq., and a Housing Cooperation Law, Laws of 1939, ch.”
Thomas v. Hous. Auth. of City of Bremerton, 426 P.2d 836 (Wash. 1967). “It is noteworthy that RCW 35.82.010 reads in part as follows: *78 Finding and declaration of necessity.”
In Re Hous. Auth. of City of Seattle, 383 P.2d 295 (Wash. 1963). “In enacting RCW 35.82.010, the legislature recognized the existence of unsafe and unsanitary dwelling facilities in this state, which are occupied by persons of low income who cannot afford decent housing.”
Hous. Auth. v. City of Pasco, 86 P.3d 1217 (Wash. Ct. App. 2004). · cites it 2× “RCW 35.82.010, .030. The purpose of this chapter is to recognize the need to provide sanitary dwelling accommodations for low-income persons and to provide a way to meet that need.”
Pierce Cnty. Hous. Auth. v. Murrey's Disposal Co., 936 P.2d 1 (Wash. Ct. App. 1996). · cites it 2× “Authority Our analysis of the Housing Authority statute begins with RCW 35.82.010, which explains why housing authorities were created.”
— Wash. Rev. Code § 35.82.010(3) — 1 case
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