Rhode Island 2023 Regular Session

Rhode Island House Bill H6182 Compare Versions

Only one version of the bill is available at this time.

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5	5	2023 -- H 6182
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7	7	LC002621
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9	9	S TATE OF RHODE IS LAND
10	10	IN GENERAL ASSEMBLY
11	11	JANUARY SESSION, A.D. 2023
12	12	____________
13	13
14	14	A N A C T
15	15	RELATING TO TOWNS AN D CITIES -- LOW AND MODERATE INCOME HOUS ING
16	16	Introduced By: Representatives Knight, and Speakman
17	17	Date Introduced: March 22, 2023
18	18	Referred To: House Municipal Government & Housing
19	19	(By Request)
20	20
21	21	It is enacted by the General Assembly as follows:
22	22	SECTION 1. Section 45-53-3 of the General Laws in Chapter 45-53 entitled "Low and 1
23	23	Moderate Income Housing" is hereby amended to read as follows: 2
24	24	45-53-3. Definitions. 3
25	25	The following words, wherever used in this chapter, unless a different meaning clearly 4
26	26	appears from the context, have the following meanings: 5
27	27	(1) “Affordable housing plan” means a component of a housing element, as defined in § 6
28	28	45-22.2-4(1), to meet housing needs in a city or town that is prepared in accordance with guidelines 7
29	29	adopted by the state planning council, and/or to meet the provisions of § 45-53-4(b)(1) and (c). 8
30	30	(2) “Approved affordable housing plan” means an affordable housing plan that has been 9
31	31	approved by the director of administration as meeting the guidelines for the local comprehensive 10
32	32	plan as promulgated by the state planning council; provided, however, that state review and 11
33	33	approval, for plans submitted by December 31, 2004, shall not be contingent on the city or town 12
34	34	having completed, adopted, or amended its comprehensive plan as provided for in § 45-22.2-8, § 13
35	35	45-22.2-9, or § 45-22.2-9. 14
36	36	(3) “Comprehensive plan” means a comprehensive plan adopted and approved by a city or 15
37	37	town pursuant to chapters 22.2 and 22.3 of this title. 16
38	38	(4) “Consistent with local needs” means reasonable in view of the state need for low- and 17
39	39	moderate-income housing, considered with the number of low-income persons in the city or town 18
40	40	affected and the need to protect the health and safety of the occupants of the proposed housing or 19
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44	44	of the residents of the city or town, to promote better site and building design in relation to the 1
45	45	surroundings, or to preserve open spaces, and if the local zoning or land use ordinances, 2
46	46	requirements, and regulations are applied as equally as possible to both subsidized and 3
47	47	unsubsidized housing. Local zoning and land use ordinances, requirements, or regulations are 4
48	48	consistent with local needs when imposed by a city or town council after a comprehensive hearing 5
49	49	in a city or town where: 6
50	50	(i) Low- or moderate-income housing exists which is: (A) In the case of an urban city or 7
51	51	town which has at least 5,000 occupied year-round rental units and the units, as reported in the 8
52	52	latest decennial census of the city or town, comprise twenty-five percent (25%) or more of the year-9
53	53	round housing units, and is in excess of fifteen percent (15%) of the total occupied year-round 10
54	54	rental units; or (B) In the case of all other cities or towns, is in excess of ten percent (10%) of the 11
55	55	year-round housing units reported in the census. 12
56	56	(ii) The city or town has promulgated zoning or land use ordinances, requirements, and 13
57	57	regulations to implement a comprehensive plan that has been adopted and approved pursuant to 14
58	58	chapters 22.2 and 22.3 of this title, and the housing element of the comprehensive plan provides 15
59	59	for low- and moderate-income housing in excess of either ten percent (10%) of the year-round 16
60	60	housing units or fifteen percent (15%) of the occupied year-round rental housing units as provided 17
61	61	in subdivision (4)(i). 18
62	62	(iii) Multi-family rental units built under a comprehensive permit may be calculated 19
63	63	towards meeting the requirements of a municipality’s low- or moderate-income housing inventory, 20
64	64	as long as the units meet and are in compliance with the provisions of § 45-53-3.1. 21
65	65	(5) “Infeasible” means any condition brought about by any single factor or combination of 22
66	66	factors, as a result of limitations imposed on the development by conditions attached to the approval 23
67	67	of the comprehensive permit, to the extent that it makes it impossible for a public agency, nonprofit 24
68	68	organization, or limited equity housing cooperative to proceed in building or operating low- or 25
69	69	moderate-income housing without financial loss, within the limitations set by the subsidizing 26
70	70	agency of government, on the size or character of the development, on the amount or nature of the 27
71	71	subsidy, or on the tenants, rentals, and income permissible, and without substantially changing the 28
72	72	rent levels and unit sizes proposed by the public agency, nonprofit organization, or limited equity 29
73	73	housing cooperative. 30
74	74	(6) “Letter of eligibility” means a letter issued by the Rhode Island housing and mortgage 31
75	75	finance corporation in accordance with § 42-55-5.3(a). 32
76	76	(7) “Local board” means any town or city official, zoning board of review, planning board 33
77	77	or commission, board of appeal or zoning enforcement officer, local conservation commission, 34
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81	81	historic district commission, or other municipal board having supervision of the construction of 1
82	82	buildings or the power of enforcing land use regulations, such as subdivision, or zoning laws. 2
83	83	(8) “Local review board” means the planning board as defined by § 45-22.2-4(20), or if 3
84	84	designated by ordinance as the board to act on comprehensive permits for the town, the zoning 4
85	85	board of review established pursuant to § 45-24-56. 5
86	86	(9) “Low- or moderate-income housing” means any housing whether built or operated by 6
87	87	any public agency or any nonprofit organization or by any limited equity housing cooperative or 7
88	88	any private developer, that is subsidized by a federal, state, or municipal government subsidy under 8
89	89	any program to assist the construction or rehabilitation of housing affordable to low- or moderate-9
90	90	income households, as defined in the applicable federal or state statute, or local ordinance and that 10
91	91	will remain affordable through a land lease and/or deed restriction for ninety-nine (99) years or 11
92	92	such other period that is either agreed to by the applicant and town or prescribed by the federal, 12
93	93	state, or municipal government subsidy program but that is not less than thirty (30) years from 13
94	94	initial occupancy. Low- or moderate-income housing also includes rental property located within a 14
95	95	municipality that is secured with a federal government voucher or subsidy. 15
96	96	(10) “Meeting housing needs” means adoption of the implementation program of an 16
97	97	approved affordable housing plan and the absence of unreasonable denial of applications that are 17
98	98	made pursuant to an approved affordable housing plan in order to accomplish the purposes and 18
99	99	expectations of the approved affordable housing plan. 19
100	100	(11) “Monitoring agents” means those monitoring agents appointed by the Rhode Island 20
101	101	housing resources commission pursuant to § 45-53-3.2 and to provide the monitoring and oversight 21
102	102	set forth in this chapter, including, but not limited to, §§ 45-53-3.2 and 45-53-4. 22
103	103	(12) “Municipal government subsidy” means assistance that is made available through a 23
104	104	city or town program sufficient to make housing affordable, as affordable housing is defined in § 24
105	105	42-128-8.1(d)(1); such assistance may include, but is not limited to, direct financial support, 25
106	106	abatement of taxes, waiver of fees and charges, and approval of density bonuses and/or internal 26
107	107	subsidies, and any combination of forms of assistance. 27
108	108	SECTION 2. This act shall take effect upon passage. 28
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115	115	EXPLANATION
116	116	BY THE LEGISLATIVE COUNCIL
117	117	OF
118	118	A N A C T
119	119	RELATING TO TOWNS AN D CITIES -- LOW AND MODERATE INC OME HOUSING
120	120	***
121	121	This act would amend the definition of "low- and moderate-income housing" to include 1
122	122	housing secured by a federal government voucher or subsidy. 2
123	123	This act would take effect upon passage. 3
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