Seattle Council To Finalize Housing Rules Despite Legal Challenges

Seattle Councilmember Cathy Moore is proposing a key amendment to the city’s interim Middle Housing law, aiming to preserve existing setback requirements while permanent housing legislation is finalized. Moore’s move comes as Seattle works to meet a state-imposed June 30 deadline for adopting HB 1110, a law that requires cities to allow more types of housing in traditionally single-family zones.

In a statement released Monday, Moore said her amendment would help balance the urgent need for new housing with the preservation of Seattle’s urban tree canopy.

“We need to build more housing and preserve and maintain Seattle’s urban canopy,” Moore said. “We can do both in the update to Neighborhood Residential Zones required by state law, but we must get the balance right.”

HB 1110 mandates that cities allow duplexes, triplexes, fourplexes, and other “middle housing” types in residential neighborhoods. It also limits local authority to impose design rules, permit delays, or costly requirements that could discourage such development. Cities may not enforce tougher standards on middle housing than they do on single-family homes, and off-street parking requirements are also restricted—especially near transit hubs.

To avoid missing the deadline, Seattle introduced temporary rules through interim legislation. However, Moore said the current version does not strike the right balance, as it reduces setbacks without including other key features such as space for trees or community amenities.

“This has left the Council in an awkward position on legislation that could be in effect for only a few months, but would allow permits to vest,” Moore said. “The interim legislation stands in contrast to the draft version released in October, which included both an amenity area and a reduction in setbacks to allow more building while offering protections.”

Moore said she attempted to add amenity areas to the interim bill, but found it difficult under the constraints of state law. Instead, she’s now pushing for a temporary return to the status quo on setbacks.

“Maintaining current setbacks gives us the pause needed to get the balance right in the permanent legislation that will be before the Council next month,” she said.

Seattle already has tools in place to support this balanced approach. Moore pointed out that in lowrise zones, developers can use amenity areas to preserve trees. In multifamily zones, the city allows setbacks to be reduced by up to 75% to protect mature trees—more than what’s currently allowed in Neighborhood Residential areas.

Under the Seattle Municipal Code, projects that go through Design Review may also receive height and floor area bonuses for preserving trees. An upcoming design proposal scheduled for the May 19 Design Review Board meeting will showcase one such project.

As the City Council prepares to adopt permanent legislation, Moore said she supports including both amenity/tree areas and more flexible setbacks in the final version. She also favors increased floor area ratios to encourage stacked flats, incentives for social housing, and design standards for courtyard cottages. These provisions are not part of the interim law.

The need for interim legislation emerged after legal challenges earlier this year stalled adoption of the city’s updated One Seattle Comprehensive Plan. Although those six lawsuits were dismissed in April, the process delayed the Council’s ability to finalize permanent housing rules in time for the state’s deadline.

State law lays out clear rules for middle housing. Cities must adopt objective standards, apply equal permit and review processes to all housing types, and limit parking mandates—especially near transit. Parking limits vary based on lot size and proximity to major transit stops, and cities can only exceed those limits if they produce a study showing the lack of parking would create real problems.

Moore acknowledged the importance of following state law but emphasized the city’s responsibility to act wisely as it transitions toward denser housing options.

“We are not trying to stall progress,” Moore said. “We are trying to make sure we do this right—for housing, for neighborhoods, and for the trees that make Seattle livable.”