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Seattle, WA Zoning Overlays & Bonuses: Density Bonus Law (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Code
SMC 23.58B-C
On-site share
5-11%
Fee range
$7-$32/sq ft
AMI cap
60% rent / 80% own

Summary

Seattle's Mandatory Housing Affordability program (SMC 23.58B-C) grants extra height and FAR in upzoned areas in exchange for on-site affordable units or in-lieu fees. MHA evolved from the 2015 HALA framework.

Mandatory Housing Affordability — Mandatory Housing Affordability (MHA) ensures that new commercial and multifamily residential development contributes to affordable housing. This is done by requiring new developments to include affordable housing (performance option) or contribute to the Seattle Office of Housing fund to support the development of affordable housing (payment option). MHA will provide rent-restricted, income-restricted homes for low-income people. This requirement is implemented by changing zoning to allow larger development and more housing. When developers and owners apply for new building permits, the Seattle Department of Construction and Inspection reviews each proposal to determine what MHA requirements the new development is subject to. Once these requirements are confirmed, the Office of Housing will review projects to coordinate with developers to comply with the MHA Program via the payment or performance option.

Source: Seattle Office of HousingView official code

Full Breakdown

Adopted in 2019 after the Housing Affordability and Livability Agenda (HALA), MHA codified in SMC 23.58B and 23.58C requires developers in MHA-zoned areas to either build 5-11% affordable units on-site or pay an in-lieu fee ($7-$32 per sq ft, varying by zone and market area). The bonus permits an extra story, additional FAR, or relaxed yard standards. MHA applies to most multifamily and commercial projects of three or more units. Office of Housing administers fees and unit certification. Affordable units must serve households at 60% AMI for rentals or 80% AMI for ownership for at least 75 years. Map and fee tables are published online.

Violations & Fines

Failure to meet MHA affordability or pay fee: permit denial, stop-work, civil penalties up to $500 per day, and recovery of avoided contributions plus interest by Office of Housing.

Frequently Asked Questions

Does MHA apply to small additions?
No. MHA triggers on projects of three or more residential units or significant commercial floor area in MHA-zoned districts; small remodels and ADUs are exempt.
Can I pay a fee instead of building affordable units?
Yes. The in-lieu payment goes to the Office of Housing's affordable housing fund. Many developers choose the fee, especially in high-cost neighborhoods.

Sources & Official References

Other rules in Seattle

All Seattle rules

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