Rhode Island 2023 Regular Session

Rhode Island Senate Bill S1050 Compare Versions

Version 1 (Old)

Version 2 (New)

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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: Senators McKenney, and Pearson
17	17		Date Introduced: May 19, 2023
18	18		Referred To: Senate Judiciary
19	19
20	20
21	21		It is enacted by the General Assembly as follows:
22	22		SECTION 1. Sections 45-53-4 and 45-53-5 of the General Laws in Chapter 45-53 entitled 1
23	23		"Low and Moderate Income Housing" are hereby amended to read as follows: 2
24	24		45-53-4. Procedure for approval of construction of low- or moderate-income housing. 3
25	25		(a) Any applicant proposing to build low- or moderate-income housing may submit to the 4
26	26		local review board a single application for a comprehensive permit to build that housing in lieu of 5
27	27		separate applications to the applicable local boards. This procedure is only available for proposals 6
28	28		in which at least twenty-five percent (25%) of the housing is low- or moderate-income housing. 7
29	29		The application and review process for a comprehensive permit shall be as follows: 8
30	30		(1) Submission requirements. Applications for a comprehensive permit shall include: 9
31	31		(i) A letter of eligibility issued by the Rhode Island housing and mortgage finance 10
32	32		corporation, or in the case of projects primarily funded by the U.S. Department of Housing and 11
33	33		Urban Development or other state or federal agencies, an award letter indicating the subsidy, or 12
34	34		application in such form as may be prescribed for a municipal government subsidy; and 13
35	35		(ii) A written request to the local review board to submit a single application to build or 14
36	36		rehabilitate low- or moderate-income housing in lieu of separate applications to the applicable local 15
37	37		boards. The written request shall identify the specific sections and provisions of applicable local 16
38	38		ordinances and regulations from which the applicant is seeking relief; and 17
39	39		(iii) A proposed timetable for the commencement of construction and completion of the 18
40	40		project; and 19
41	41
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44	44		(iv) A sample land lease or deed restriction with affordability liens that will restrict use as 1
45	45		low- and moderate-income housing in conformance with the guidelines of the agency providing 2
46	46		the subsidy for the low- and moderate-income housing, but for a period of not less than thirty (30) 3
47	47		years; and 4
48	48		(v) Identification of an approved entity that will monitor the long-term affordability of the 5
49	49		low- and moderate-income units; provided, that, on and after July 1, 2022, this entity shall include 6
50	50		the Rhode Island housing resources commission established pursuant to chapter 128 of title 42 and 7
51	51		acting through its monitoring agents, and these agents shall monitor the long-term affordability of 8
52	52		the low- and moderate-income units pursuant to § 45-53-3.2; and 9
53	53		(vi) A financial pro-forma for the proposed development; and 10
54	54		(vii) For comprehensive permit applications: (A) Not involving major land developments 11
55	55		or major subdivisions including, but not limited to, applications seeking relief from specific 12
56	56		provisions of a local zoning ordinance, or involving administrative subdivisions, minor land 13
57	57		developments or minor subdivisions, or other local ordinances and regulations: those items required 14
58	58		by local regulations promulgated pursuant to applicable state law, with the exception of evidence 15
59	59		of state or federal permits; and for comprehensive permit applications; and (B) Involving major 16
60	60		land developments and major subdivisions, unless otherwise agreed to by the applicant and the 17
61	61		town; those items included in the checklist for the master plan in the local regulations promulgated 18
62	62		pursuant to § 45-23-40. Subsequent to master plan approval, the applicant must submit those items 19
63	63		included in the checklist for a preliminary plan for a major land development or major subdivision 20
64	64		project in the local regulations promulgated pursuant to § 45-23-41, with the exception of evidence 21
65	65		of state or federal permits. All required state and federal permits must be obtained prior to the final 22
66	66		plan approval or the issuance of a building permit; and 23
67	67		(viii) Municipalities may impose fees on comprehensive permit applications that are 24
68	68		consistent with but do not exceed fees that would otherwise be assessed for a project of the same 25
69	69		scope and type but not proceeding under this chapter, provided, however, that the imposition of 26
70	70		such fees shall not preclude a showing by a nonprofit applicant that the fees make the project 27
71	71		financially infeasible; and 28
72	72		(xi) Notwithstanding the submission requirements set forth above, the local review board 29
73	73		may request additional, reasonable documentation throughout the public hearing, including, but not 30
74	74		limited to, opinions of experts, credible evidence of application for necessary federal and/or state 31
75	75		permits, statements and advice from other local boards and officials. 32
76	76		(2) Certification of completeness. The application must be certified complete or incomplete 33
77	77		by the administrative officer according to the provisions of § 45-23-36; provided, however, that for 34
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81	81		a major land development or major subdivision, the certificate for a master plan shall be granted 1
82	82		within twenty-five (25) days and for a preliminary plan shall be granted within twenty-five (25) 2
83	83		days. The running of the time period set forth herein will be deemed stopped upon the issuance of 3
84	84		a certificate of incompleteness of the application by the administrative officer and will recommence 4
85	85		upon the resubmission of a corrected application by the applicant. However, in no event will the 5
86	86		administrative officer be required to certify a corrected submission as complete or incomplete less 6
87	87		than ten (10) days after its resubmission. If the administrative officer certifies the application as 7
88	88		incomplete, the officer shall set forth in writing with specificity the missing or incomplete items. 8
89	89		(3) Pre-application conference. Where the comprehensive permit application proposal is a 9
90	90		major land development project or a major subdivision pursuant to chapter 23 of this title a 10
91	91		municipality may require an applicant proposing a project under this chapter to first schedule a pre-11
92	92		application conference with the local review board, the technical review committee established 12
93	93		pursuant to § 45-23-56, or with the administrative officer for the local review board and other local 13
94	94		officials, as appropriate. To request a pre-application conference, the applicant shall submit a short 14
95	95		description of the project in writing including the number of units, type of housing, as well as a 15
96	96		location map. The purpose of the pre-application conference shall be to review a concept plan of 16
97	97		the proposed development. Upon receipt of a request by an applicant for a pre-application 17
98	98		conference, the municipality has thirty (30) days to schedule and hold the pre-application 18
99	99		conference. If thirty (30) days has elapsed from the filing of the pre-application submission and no 19
100	100		pre-application conference has taken place, nothing shall be deemed to preclude an applicant from 20
101	101		thereafter filing and proceeding with an application for a comprehensive permit. 21
102	102		(4) Review of applications. An application filed in accordance with this chapter shall be 22
103	103		reviewed by the local review board at a public hearing in accordance with the following provisions: 23
104	104		(i) Notification. Upon issuance of a certificate of completeness for a comprehensive permit, 24
105	105		the local review board shall immediately notify each local board, as applicable, of the filing of the 25
106	106		application, by sending a copy to the local boards and to other parties entitled to notice of hearings 26
107	107		on applications under the zoning ordinance and/or land development and subdivision regulations 27
108	108		as applicable. 28
109	109		(ii) Public notice. Public notice for all public hearings will be the same notice required 29
110	110		under local regulations for a public hearing for a preliminary plan promulgated in accordance with 30
111	111		§ 45-23-42. The cost of notice shall be paid by the applicant. 31
112	112		(iii) Review of minor projects. The review of a comprehensive permit application involving 32
113	113		only minor land developments or minor subdivisions or requesting zoning ordinance relief or relief 33
114	114		from other local regulations or ordinances not otherwise addressed in this subsection, shall be 34
115	115
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118	118		conducted following the procedures in the applicable local regulations, with the exception that all 1
119	119		minor land developments or minor subdivisions under this section are required to hold a public 2
120	120		hearing on the application, and within ninety-five (95) days of issuance of the certificate of 3
121	121		completeness, or within such further time as is agreed to by the applicant and the local review 4
122	122		board, render a decision. 5
123	123		(iv) Review of major projects. In the review of a comprehensive permit application 6
124	124		involving a major land development and/or major subdivision, the local review board shall hold a 7
125	125		public hearing on the master plan and shall, within ninety (90) days of issuance of the certification 8
126	126		of completeness, or within such further amount of time as may be agreed to by the local review 9
127	127		board and the applicant, render a decision. Preliminary and final plan review shall be conducted 10
128	128		according to local regulations promulgated pursuant to chapter 23 of this title except as otherwise 11
129	129		specified in this section. 12
130	130		(v) Required findings. In approving an application, the local review board shall make 13
131	131		positive findings, supported by legally competent evidence on the record that discloses the nature 14
132	132		and character of the observations upon which the fact finders acted, on each of the following 15
133	133		standard provisions, where applicable: 16
134	134		(A) The proposed development is consistent with local needs as identified in the local 17
135	135		comprehensive community plan with particular emphasis on the community’s affordable housing 18
136	136		plan and/or has satisfactorily addressed the issues where there may be inconsistencies. 19
137	137		(B) The proposed development is in compliance with the standards and provisions of the 20
138	138		municipality’s zoning ordinance and subdivision regulations, and/or where expressly varied or 21
139	139		waived local concerns that have been affected by the relief granted do not outweigh the state and 22
140	140		local need for low- and moderate-income housing. 23
141	141		(C) All low- and moderate-income housing units proposed are integrated throughout the 24
142	142		development; are compatible in scale and architectural style to the market rate units within the 25
143	143		project; and will be built and occupied prior to, or simultaneous with the construction and 26
144	144		occupancy of any market rate units. 27
145	145		(D) There will be no significant negative environmental impacts from the proposed 28
146	146		development as shown on the final plan, with all required conditions for approval. 29
147	147		(E) There will be no significant negative impacts on the health and safety of current or 30
148	148		future residents of the community, in areas including, but not limited to, safe circulation of 31
149	149		pedestrian and vehicular traffic, provision of emergency services, sewerage disposal, availability 32
150	150		of potable water, adequate surface water run-off, and the preservation of natural, historical, or 33
151	151		cultural features that contribute to the attractiveness of the community. 34
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155	155		(F) All proposed land developments and all subdivisions lots will have adequate and 1
156	156		permanent physical access to a public street in accordance with the requirements of § 45-23-60(5). 2
157	157		(G) The proposed development will not result in the creation of individual lots with any 3
158	158		physical constraints to development that building on those lots according to pertinent regulations 4
159	159		and building standards would be impracticable, unless created only as permanent open space or 5
160	160		permanently reserved for a public purpose on the approved, recorded plans. 6
161	161		(vi) The local review board has the same power to issue permits or approvals that any local 7
162	162		board or official who would otherwise act with respect to the application, including, but not limited 8
163	163		to, the power to attach to the permit or approval, conditions, and requirements with respect to 9
164	164		height, site plan, size or shape, or building materials, as are consistent with the terms of this section. 10
165	165		(vii) In reviewing the comprehensive permit request, the local review board may deny the 11
166	166		request for any of the following reasons: (A) If the city or town has an approved affordable housing 12
167	167		plan and is meeting housing needs, and the proposal is inconsistent with the affordable housing 13
168	168		plan; provided that, the local review board also finds that the municipality has made significant 14
169	169		progress in implementing that housing plan; (B) The proposal is not consistent with local needs, 15
170	170		including, but not limited to, the needs identified in an approved comprehensive plan, and/or local 16
171	171		zoning ordinances and procedures promulgated in conformance with the comprehensive plan; (C) 17
172	172		The proposal is not in conformance with the comprehensive plan; (D) The community has met or 18
173	173		has plans to meet the goal of ten percent (10%) of the year-round units or, in the case of an urban 19
174	174		town or city, fifteen percent (15%) of the occupied rental housing units as defined in § 45-53-3(4)(i) 20
175	175		being low- and moderate-income housing; provided that, the local review board also finds that the 21
176	176		community has achieved or has made significant progress towards meeting the goals required by 22
177	177		this section; or (E) Concerns for the environment and the health and safety of current residents have 23
178	178		not been adequately addressed. 24
179	179		(viii) All local review board decisions on comprehensive permits shall be by majority vote 25
180	180		of the members present at the proceeding; provided that, there is at least a quorum of the local 26
181	181		review board present and voting at the proceeding, and may be appealed by the applicant to the 27
182	182		state housing appeals board. 28
183	183		(ix) If the public hearing is not convened or a decision is not rendered within the time 29
184	184		allowed in subsections (a)(4)(iii) and (iv), the application is deemed to have been allowed and the 30
185	185		relevant approval shall issue immediately; provided, however, that this provision shall not apply to 31
186	186		any application remanded for hearing in any town where more than one application has been 32
187	187		remanded for hearing provided for in § 45-53-6(f)(2). 33
188	188		(x) Any person aggrieved by the issuance of an approval may appeal to the superior court 34
189	189
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192	192		within twenty (20) days of the issuance of approval. 1
193	193		(xi) A comprehensive permit shall expire unless construction is started within twelve (12) 2
194	194		months and completed within sixty (60) months of final plan approval unless a longer and/or phased 3
195	195		period for development is agreed to by the local review board and the applicant. Low- and 4
196	196		moderate-income housing units shall be built and occupied prior to, or simultaneous with the 5
197	197		construction and occupancy of market rate units. 6
198	198		(xii) A town with an approved affordable housing plan and that is meeting local housing 7
199	199		needs may by council action limit the annual total number of dwelling units in comprehensive 8
200	200		permit applications from for-profit developers to an aggregate of one percent (1%) of the total 9
201	201		number of year-round housing units in the town, as recognized in the affordable housing plan and 10
202	202		notwithstanding the timetables set forth elsewhere in this section, the local review board shall have 11
203	203		the authority to consider comprehensive permit applications from for-profit developers, which are 12
204	204		made pursuant to this paragraph, sequentially in the order in which they are submitted. 13
205	205		(xiii) The local review board of a town with an approved affordable housing plan shall 14
206	206		report the status of implementation to the housing resources commission, including the disposition 15
207	207		of any applications made under the plan, as of June 30, 2006, by September 1, 2006, and for each 16
208	208		June 30 thereafter by September 1 through 2010. The housing resources commission shall prepare 17
209	209		by October 15 and adopt by December 31, a report on the status of implementation, which shall be 18
210	210		submitted to the governor, the speaker, and the president of the senate, and the chairperson of the 19
211	211		state housing appeals board, and shall find which towns are not in compliance with implementation 20
212	212		requirements. 21
213	213		(xiv) Notwithstanding the provisions of § 45-53-4 in effect on February 13, 2004, to 22
214	214		commence hearings within thirty (30) days of receiving an application remanded by the state 23
215	215		housing appeals board pursuant to § 45-53-6(f)(2) 45-53-5 or, effective January 1, 2024, § 45-53-24
216	216		5.1 shall be heard as herein provided; in any town with more than one remanded application, 25
217	217		applications may be scheduled for hearing in the order in which they were received, and may be 26
218	218		taken up sequentially, with the thirty-day (30) requirement for the initiation of hearings, 27
219	219		commencing upon the decision of the earlier filed application. 28
220	220		(b)(1) The general assembly finds and declares that in January 2004 towns throughout 29
221	221		Rhode Island have been confronted by an unprecedented volume and complexity of development 30
222	222		applications as a result of private for-profit developers using the provisions of this chapter and that 31
223	223		in order to protect the public health and welfare in communities and to provide sufficient time to 32
224	224		establish a reasonable and orderly process for the consideration of applications made under the 33
225	225		provisions of this chapter, and to have communities prepare plans to meet low- and moderate-34
226	226
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229	229		income housing goals, that it is necessary to impose a moratorium on the use of comprehensive 1
230	230		permit applications as herein provided by private for-profit developers; a moratorium is hereby 2
231	231		imposed on the use of the provisions of this chapter by private for-profit developers, which 3
232	232		moratorium shall be effective on passage and shall expire on January 31, 2005, and may be revisited 4
233	233		prior to expiration and extended to such other date as may be established by law. Notwithstanding 5
234	234		the provisions of subsection (a) of this section, private for-profit developers may not utilize the 6
235	235		procedure of this chapter until the expiration of the moratorium. 7
236	236		(2) No for-profit developer shall submit a new application for comprehensive permits until 8
237	237		July 1, 2005, except by mutual agreement with the local review board. 9
238	238		(3) Notwithstanding the provisions of subdivision (b)(2) of this section, a local review 10
239	239		board in a town which has submitted a plan in accordance with subsection (c) of this section, shall 11
240	240		not be required to accept an application for a new comprehensive permit from a for-profit developer 12
241	241		until October 1, 2005. 13
242	242		(c) Towns and cities that are not in conformity with the provisions of § 45-53-3(4)(i) shall 14
243	243		prepare by December 31, 2004, a comprehensive plan housing element for low- and moderate-15
244	244		income housing as specified by § 45-53-3(4)(ii), consistent with applicable law and regulation. 16
245	245		That the secretary of the planning board or commission of each city or town subject to the 17
246	246		requirements of this paragraph shall report in writing the status of the preparation of the housing 18
247	247		element for low- and moderate-income housing on or before June 30, 2004, and on or before 19
248	248		December 31, 2004, to the secretary of the state planning council, to the chair of the house 20
249	249		committee on corporations and to the chair of the senate committee on commerce, housing and 21
250	250		municipal government. The state housing appeals board shall use said plan elements in making 22
251	251		determinations provided for in § 45-53-6(c)(2). 23
252	252		(d) If any provision of this section or the application thereof shall for any reason be judged 24
253	253		invalid, the judgment shall not affect, impair, or invalidate the remainder of this section or of any 25
254	254		other provision of this chapter, but shall be confined in its effect to the provision or application 26
255	255		directly involved in the controversy giving rise to the judgment, and a moratorium on the 27
256	256		applications of for-profit developers pursuant to this chapter shall remain and continue to be in 28
257	257		effect for the period commencing on the day this section becomes law [February 13, 2004] and 29
258	258		continue until it shall expire on January 31, 2005, or until amended further. 30
259	259		(e) In planning for, awarding, and otherwise administering programs and funds for housing 31
260	260		and for community development, state departments, agencies, boards and commissions, and public 32
261	261		corporations, as defined in chapter 18 of title 35, shall among the towns subject to the provision of 33
262	262		§ 45-53-3(ii), give priority to the maximum extent allowable by law to towns with an approved 34
263	263
264	264
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266	266		affordable housing plan. The director of administration shall adopt not later than January 31, 2005, 1
267	267		regulations to implement the provisions of this section. 2
268	268		(f) Multi-family rental units built under a comprehensive permit may be calculated towards 3
269	269		meeting the requirements of a municipality’s low- or moderate-income housing inventory, as long 4
270	270		as the units meet and are in compliance with the provisions of § 45-53-3.1. 5
271	271		45-53-5. Appeals to state housing appeals board — Judicial review. [Effective 6
272	272		January 1, 2023.] Appeals -- Judicial review [Effective until January 1, 2024]. 7
273	273		(a) Effective July 1, 2023, until January 1, 2024, at which time the provisions of this section 8
274	274		shall sunset and be repealed and replaced by § 45-53-5.1, any and all existing appeals pending 9
275	275		before the state housing appeals board shall continue to be heard and decided in accordance with 10
276	276		this chapter until December 31, 2023. All appeals shall continue to be filed with the state housing 11
277	277		appeals board in accordance with this chapter until December 31, 2023. 12
278	278		(a)(b) Whenever an application filed under the provisions of § 45-53-4 is denied, or is 13
279	279		granted with conditions and requirements that make the building or operation of the housing 14
280	280		infeasible, the applicant has the right to appeal to the state housing appeals board (“SHAB”) 15
281		-	established by § 45-53-7, for a review of the application. The ~~appeal shall be taken within twenty~~ 16
282		-	(20) days after the date of the notice ~~recording and posting of the decision by the local review board~~ 17
283		-	by filing with the appeals board ~~a statement of the prior proceedings and the reasons upon which~~ 18
284		-	the ~~appeal is based.~~ 19
285		-	~~(b)(c)~~ The ~~appeals board~~ shall ~~immediately notify~~ the local review board ~~of the filing of~~ 20
286		-	the ~~petition for review. Municipalities~~ shall ~~submit~~ the ~~complete~~ local review board ~~record to~~ the 21
287		-	~~state housing appeals~~ board ~~within thirty (30) days of receiving notification from SHAB that an~~ 22
288		-	~~appeal has been filed.~~ 23
289		-	~~(c) [As amended by P.L. 2022, ch. 208, § 3 and P.L. 2022, ch. 209, § 3.] The~~ appeal ~~shall~~ 24
290		-	~~be heard~~ by ~~the appeals board within twenty (20) days after~~ the ~~receipt of the applicant’s statement.~~ 25
291		-	~~Four~~ (4) ~~active members,~~ ~~which may include an alternate,~~ ~~are necessary to conduct a hearing on an~~ 26
292		-	~~appeal.~~ A ~~stenographic record of the proceedings shall be kept and the appeals board shall render a~~ 27
293		-	~~written decision~~ and ~~order, based upon~~ a ~~majority vote of members present and voting, stating its~~ 28
294		-	~~findings~~ of ~~fact,~~ and ~~its conclusions and the reasons for those conclusions~~, ~~within thirty (30) days~~ 29
295		-	~~after~~ the ~~termination of the hearing~~, ~~unless the time has been extended by mutual agreement~~ 30
296		-	~~between~~ the ~~appeals board and~~ the ~~applicant.~~ The ~~decision and order may be appealed in the~~ 31
297		-	~~superior court within twenty (20) days of~~ the ~~issuance of~~ the decision. The ~~review shall be~~ 32
298		-	~~conducted by the~~ superior court ~~without a jury.~~ ~~The court shall consider the record~~ of the ~~hearing~~ 33
299		-	~~before~~ the ~~state housing appeals board and, if it appears to~~ the court ~~that additional evidence is~~ 34
	281	+	established by § 45-53-7, for a review of the application superior court for the county in which the 16
	282	+	property is situated. The appeal shall be taken within twenty (20) days after the date of the notice 17
	283	+	recording and posting of the decision by the local review board by filing with the appeals board 18
	284	+	superior court, a complaint, which contains a statement of the prior proceedings and the reasons 19
	285	+	upon which the appeal is based. The appeal shall name the local review board as appellee. 20
	286	+	(b)(c) The appeals board shall immediately notify the local review board of the filing of 21
	287	+	the petition for review. Municipalities shall submit the complete local review board record to the 22
	288	+	state housing appeals board within thirty (30) days of receiving notification from SHAB that an 23
	289	+	appeal has been filed. 24
	290	+	(c) [As amended by P.L. 2022, ch. 208, § 3 and P.L. 2022, ch. 209, § 3.] The appeal shall 25
	291	+	be heard by the appeals board within twenty (20) days after the receipt of the applicant’s statement. 26
	292	+	Four (4) active members, which may include an alternate, are necessary to conduct a hearing on an 27
	293	+	appeal. A stenographic record of the proceedings shall be kept and the appeals board shall render a 28
	294	+	written decision and order, based upon a majority vote of members present and voting, stating its 29
	295	+	findings of fact, and its conclusions and the reasons for those conclusions, within thirty (30) days 30
	296	+	after the termination of the hearing, unless the time has been extended by mutual agreement 31
	297	+	between the appeals board and the applicant. The decision and order may be appealed in the 32
	298	+	superior court within twenty (20) days of the issuance of the decision. The review shall be 33
	299	+	conducted by the superior court without a jury. The court shall consider the record of the hearing 34
300	300
301	301
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303		-	~~necessary for~~ the ~~proper disposition of the matter~~, it ~~may allow any party~~ to the ~~appeal to present~~ 1
304		-	~~that evidence in open court, which evidence, along with~~ the ~~report, constitutes~~ the ~~record upon~~ 2
305		-	which the ~~determination of~~ the ~~court is made.~~ 3
306		-	~~(c)(d) [As~~ ~~amended by P~~.~~L. 2022, ch. 413, § 1 and P.L. 2022, ch. 414, § 1.] SHAB~~ 4
307		-	~~decisions shall be made within nine~~ (9) ~~months of the filing of the appeal~~, ~~which time period may~~ 5
308		-	~~only~~ be ~~extended for good cause by an affirmative vote~~ of the ~~SHAB to so extend~~ the ~~time~~, if 6
309		-	~~circumstances demand more time.~~ ~~Any extension beyond~~ the ~~nine-month (9) period shall be limited~~ 7
310		-	to the ~~least extent reasonable and~~ shall ~~not cumulatively extend the decision period by more than~~ 8
311		-	~~an additional two (2) months.~~ ~~Five (5) active members,~~ ~~which may include an alternate,~~ ~~are~~ 9
312		-	~~necessary to conduct a hearing on appeal~~. ~~A stenographic record of the proceedings shall be kept~~ 10
313		-	~~and the appeals board shall render~~ a ~~written decision and order, based upon~~ a ~~majority vote~~ of the 11
314		-	~~members present at~~ the ~~proceeding; provided that,~~ ~~there is at least~~ a ~~minimum quorum~~ of ~~members~~ 12
315		-	~~of the appeals board~~ present ~~and voting~~ at the proceeding, ~~stating its findings~~ of ~~fact, and its~~ 13
316		-	~~conclusions~~ and ~~the reasons for those conclusions, within thirty (30) days after~~ the ~~termination~~ of 14
317		-	~~the hearing, unless~~ the ~~time has been extended by mutual agreement between~~ the ~~appeals board and~~ 15
318		-	the ~~applicant.~~ The ~~decision~~ and ~~order may be appealed in the superior court within twenty (20) days~~ 16
319		-	of the ~~issuance of~~ the decision~~. The review shall~~ be ~~conducted by~~ the superior court ~~without a jury.~~ 17
320		-	~~The court shall consider~~ the ~~record~~ of the ~~hearing before~~ the ~~state housing appeals board and,~~ ~~if it~~ 18
321		-	~~appears to~~ the court ~~that additional evidence is necessary for~~ the ~~proper disposition~~ of the ~~matter~~, it 19
322		-	~~may allow any party~~ to the ~~appeal to present~~ that evidence ~~in open court~~, ~~which evidence, along~~ 20
323		-	~~with~~ the ~~report~~, ~~constitutes the record upon~~ which ~~the determination of the court is made.~~ 21
324		-	~~(d)(e)~~ The court ~~shall not substitute its judgment for that of the state housing appeals board~~ 22
325		-	~~as to the weight of the evidence on questions of fact.~~ The court ~~may affirm the decision~~ of the state 23
326		-	~~housing appeals board or remand~~ the ~~case for further proceedings,~~ or may ~~reverse or modify~~ the 24
327		-	~~decision if substantial rights of~~ the ~~appellant have been prejudiced because of findings~~, ~~inferences,~~ 25
328		-	~~conclusions~~, ~~or decisions which are:~~ 26
329		-	~~(1) In violation of constitutional, statutory~~, or ~~ordinance provisions;~~ 27
330		-	(2) In ~~excess~~ of ~~the authority granted to the state housing appeals board by statute~~ or 28
331		-	~~ordinance;~~ 29
332		-	~~(3) Made upon unlawful procedure~~; 30
333		-	(4) ~~Affected by other error of law~~; 31
334		-	(5) ~~Clearly erroneous in view~~ of ~~the reliable, probative, and substantial evidence of the~~ 32
335		-	~~whole record;~~ or 33
336		-	~~(6) Arbitrary~~ or ~~capricious or characterized by abuse of discretion or clearly unwarranted~~ 34
	302	+	LC002505 - Page 9 of 17
	303	+	before the state housing appeals board and, if it appears to the court that additional evidence is 1
	304	+	necessary for the proper disposition of the matter, it may allow any party to the appeal to present 2
	305	+	that evidence in open court, which evidence, along with the report, constitutes the record upon 3
	306	+	which the determination of the court is made. 4
	307	+	(c)(d) [As amended by P.L. 2022, ch. 413, § 1 and P.L. 2022, ch. 414, § 1.] SHAB 5
	308	+	decisions shall be made within nine (9) months of the filing of the appeal, which time period may 6
	309	+	only be extended for good cause by an affirmative vote of the SHAB to so extend the time, if 7
	310	+	circumstances demand more time. Any extension beyond the nine-month (9) period shall be limited 8
	311	+	to the least extent reasonable and shall not cumulatively extend the decision period by more than 9
	312	+	an additional two (2) months. Five (5) active members, which may include an alternate, are 10
	313	+	necessary to conduct a hearing on appeal. A stenographic record of the proceedings shall be kept 11
	314	+	and the appeals board shall render a written decision and order, based upon a majority vote of the 12
	315	+	members present at the proceeding; provided that, there is at least a minimum quorum of members 13
	316	+	of the appeals board present and voting at the proceeding, stating its findings of fact, and its 14
	317	+	conclusions and the reasons for those conclusions, within thirty (30) days after the termination of 15
	318	+	the hearing, unless the time has been extended by mutual agreement between the appeals board and 16
	319	+	the applicant. The decision and order may be appealed in the superior court within twenty (20) days 17
	320	+	of the issuance of the decision. The review shall be conducted by the superior court without a jury. 18
	321	+	The court shall consider the record of the hearing before the state housing appeals board and, if it 19
	322	+	appears to the court that additional evidence is necessary for the proper disposition of the matter, it 20
	323	+	may allow any party to the appeal to present that evidence in open court, which evidence, along 21
	324	+	with the report, constitutes the record upon which the determination of the court is made. 22
	325	+	(d)(e) The court shall not substitute its judgment for that of the state housing appeals board 23
	326	+	as to the weight of the evidence on questions of fact. The court may affirm the decision of the state 24
	327	+	housing appeals board or remand the case for further proceedings, or may reverse or modify the 25
	328	+	decision if substantial rights of the appellant have been prejudiced because of findings, inferences, 26
	329	+	conclusions, or decisions which are: 27
	330	+	(1) In violation of constitutional, statutory, or ordinance provisions; 28
	331	+	(2) In excess of the authority granted to the state housing appeals board by statute or 29
	332	+	ordinance; 30
	333	+	(3) Made upon unlawful procedure; 31
	334	+	(4) Affected by other error of law; 32
	335	+	(5) Clearly erroneous in view of the reliable, probative, and substantial evidence of the 33
	336	+	whole record; or 34
337	337
338	338
339		-	LC002505~~/SUB A~~ - Page 10 of 17
340		-	~~exercise~~ of discretion. 1
341		-	~~(e)(f) Any appeal from the superior court to the supreme court pursuant to this section shall~~ 2
342		-	~~be by writ of certiorari.~~ 3
343		-	~~SECTION 2.~~ ~~Chapter 45-53~~ of ~~the General Laws entitled "Low and Moderate Income~~ 4
344		-	~~Housing" is hereby amended by adding thereto~~ the ~~following section:~~ 5
345		-	~~45-53-5.1. Appeals --~~ ~~Judicial review [Effective~~ ~~January 1,~~ ~~2024].~~ 6
346		-	~~(a)~~ Effective January 1, 2024 ~~as a replacement to § 45-53-5~~. ~~A decision of a local review~~ 7
347		-	~~board may be appealed by the applicant or an aggrieved party,~~ as ~~defined by~~ § 45-~~24-31 to the~~ 8
348		-	~~superior court for~~ the ~~county in which~~ the ~~property is situated. The appeal shall be taken within~~ 9
349		-	~~twenty (20) days after~~ the ~~date of~~ the ~~recording and posting of~~ the ~~decision by the local review~~ 10
350		-	~~board by filing with~~ the ~~superior court, a complaint which contains a statement~~ of the ~~prior~~ 11
351		-	~~proceedings and~~ the ~~reasons upon~~ which ~~the appeal is based.~~ The ~~complaint shall name the local~~ 12
352		-	~~review board as~~ the ~~appellee and serve~~ the local ~~review board with the appeal within twenty (20)~~ 13
353		-	~~days of filing of~~ the appeal~~. If an aggrieved party who is not the applicant files an appeal, the~~ 14
354		-	~~original~~ applicant ~~shall be named as a party and served in~~ the ~~same manner as the local review~~ 15
355		-	~~board.~~ 16
356		-	~~(b) The local review~~ board ~~shall not be required to answer the complaint, but it shall submit~~ 17
357		-	the ~~complete~~ local review board ~~record~~ to ~~superior court within thirty (30) days of receiving service~~ 18
358		-	of the ~~complaint. Should the~~ local review board ~~fail~~ to ~~file the record~~ within thirty (30) days~~, the~~ 19
359		-	~~applicant may move for default.~~ 20
360		-	~~(c) The appeal shall be expedited and given priority on the court calendar as soon as proof~~ 21
361		-	~~of service of the complaint on the local review board is filed.~~ The appeal shall be ~~decided~~ as soon 22
362		-	~~as possible by~~ the ~~superior court,~~ ~~without delay~~. 23
363		-	~~(d) The review shall be conducted~~ by the superior court without ~~a jury~~. ~~The court shall~~ 24
364		-	~~consider~~ the ~~record of~~ the ~~hearing before the local review board and, if it appears to~~ the court ~~that~~ 25
365		-	~~additional evidence is necessary for~~ the ~~proper disposition~~ of the ~~matter~~, it ~~may allow any party~~ to 26
366		-	the ~~appeal~~ to ~~present that evidence in open court, which evidence, along with the record, constitutes~~ 27
367		-	the record ~~upon which the determination of the court is made.~~ 28
368		-	~~(e)~~ The ~~superior~~ court ~~shall review the appeal under the following standards:~~ 29
369		-	(1) ~~Whether~~ the ~~decision was arbitrary and capricious or clearly erroneous in light of~~ 30
370		-	~~considerations regarding:~~ 31
371		-	~~(i) The consistency of the decision to deny or condition the permit with the approved~~ 32
372		-	~~affordable housing plan;~~ 33
373		-	~~(ii) The extent to which the community meets or plans to meet~~ housing ~~needs, as defined~~ 34
	339	+	LC002505 - Page 10 of 17
	340	+	(6) Arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted 1
	341	+	exercise of discretion. 2
	342	+	(e)(f) Any appeal from the superior court to the supreme court pursuant to this section shall 3
	343	+	be by writ of certiorari. 4
	344	+	SECTION 2. Chapter 45-53 of the General Laws entitled "Low and Moderate Income 5
	345	+	Housing" is hereby amended by adding thereto the following section: 6
	346	+	45-53-5.1. Appeals -- Judicial review [Effective January 1, 2024]. 7
	347	+	(a) Effective January 1, 2024 as a replacement to § 45-53-5. A decision of a local review 8
	348	+	board may be appealed by the applicant or an aggrieved party, as defined by § 45-24-31 to the 9
	349	+	superior court for the county in which the property is situated. The appeal shall be taken within 10
	350	+	twenty (20) days after the date of the recording and posting of the decision by the local review 11
	351	+	board by filing with the superior court, a complaint which contains a statement of the prior 12
	352	+	proceedings and the reasons upon which the appeal is based. The complaint shall name the local 13
	353	+	review board as the appellee and serve the local review board with the appeal within twenty (20) 14
	354	+	days of filing of the appeal. If an aggrieved party who is not the applicant files an appeal, the 15
	355	+	original applicant shall be named as a party and served in the same manner as the local review 16
	356	+	board. 17
	357	+	(b) The local review board shall not be required to answer the complaint, but it shall submit 18
	358	+	the complete local review board record to superior court within thirty (30) days of receiving service 19
	359	+	of the complaint. Should the local review board fail to file the record within thirty (30) days, the 20
	360	+	applicant may move for default. 21
	361	+	(c) The appeal shall be expedited and given priority on the court calendar as soon as proof 22
	362	+	of service of the complaint on the local review board is filed. The appeal shall be decided as soon 23
	363	+	as possible by the superior court, without delay. 24
	364	+	(d) The review shall be conducted by the superior court without a jury. The court shall 25
	365	+	consider the record of the hearing before the local review board and, if it appears to the court that 26
	366	+	additional evidence is necessary for the proper disposition of the matter, it may allow any party to 27
	367	+	the appeal to present that evidence in open court, which evidence, along with the record, constitutes 28
	368	+	the record upon which the determination of the court is made. 29
	369	+	(e) The superior court shall review the appeal under the following standards: 30
	370	+	(1) Whether the decision was arbitrary and capricious or clearly erroneous in light of 31
	371	+	considerations regarding: 32
	372	+	(i) The consistency of the decision to deny or condition the permit with the approved 33
	373	+	affordable housing plan; 34
374	374
375	375
376		-	LC002505~~/SUB A~~ - Page 11 of 17
377		-	~~in an affordable~~ housing ~~plan~~, ~~including, but not limited to, the ten percent (10%) goal for existing~~ 1
378		-	~~low-and moderate-income~~ housing ~~units as a proportion of year-round~~ ~~housing;~~ 2
379		-	~~(iii) The consideration~~ of ~~environmental protection~~; 3
380		-	(iv) The ~~state’s need for low-and~~ ~~moderate-income housing;~~ 4
381		-	(v) The need ~~to protect the health~~ and ~~safety of the occupants of the proposed~~ housing or 5
382		-	the ~~residents~~ of the ~~city~~ or ~~town;~~ 6
383		-	~~(vi)~~ The ~~need to promote better site and building design in relation to the surroundings~~ or 7
384		-	to ~~preserve open space;~~ and 8
385		-	~~(vii) Whether the reasons for denial, local zoning or land use ordinances, requirements~~ and 9
386		-	~~regulations are applied as equally as possible to both subsidized~~ and ~~unsubsidized housing.~~ 10
387		-	~~(f) If the appeal is by an applicant for a decision approving an application with conditions,~~ 11
388		-	~~the superior court shall, in addition to reviewing~~ the ~~standards and considerations set forth in~~ 12
389		-	~~subsection (e) of this section~~, ~~determine whether such conditions~~ and ~~requirements imposed make~~ 13
390		-	~~the construction or operation~~ of ~~the housing infeasible.~~ 14
391		-	~~(g)~~ The ~~court shall not substitute its judgment for that~~ of the ~~local review board as to the~~ 15
392		-	~~weight of the evidence on questions of fact.~~ The court ~~may affirm the decision~~ of the local review 16
393		-	~~board or remand~~ the ~~case for further proceedings,~~ or may ~~reverse or modify~~ the decision if 17
394		-	~~substantial rights of~~ the ~~appellant have been prejudiced because of findings~~, ~~inferences,~~ 18
395		-	~~conclusions~~, ~~or decisions that were arbitrary~~, ~~capricious or unreasonable.~~ 19
396		-	~~(h) An aggrieved party may~~, ~~within twenty (20) days from the date of entry of the judgment~~ 20
397		-	of superior court~~, petition~~ the supreme court ~~of the state of Rhode Island for a writ of certiorari~~ to 21
398		-	~~review any questions of law involved. The petition for a~~ writ of certiorari ~~shall set forth the errors~~ 22
399		-	~~claimed. Upon~~ the ~~filing of such a petition with the clerk of the supreme court, the supreme court~~ 23
400		-	~~may, if it sees fit, issue its writ of certiorari~~ to ~~the~~ superior court ~~to certify to~~ the ~~supreme court~~ the 24
401		-	~~record~~ of the ~~record under review, or so much thereof as was submitted~~ to the ~~superior court by the~~ 25
402		-	~~parties, together~~ with ~~any additional record of the proceedings in the superior court.~~ 26
403		-	~~(i) Effective January 1, 2024, all matters~~ pending before the state housing appeals board 27
404		-	~~shall be transferred~~ to superior court for the county in which the property is situated by the ~~applicant~~ 28
405		-	~~filing a complaint in~~ superior court ~~and providing a copy of the complaint to the attorney~~ 29
406		-	~~representing the local review board~~ within ~~ten~~ (10) days of filing. ~~An applicant with an appeal~~ 30
407		-	~~pending before the state housing appeals board shall have until March~~ 1, 2024, ~~to file~~ the ~~complaint~~ 31
408		-	~~transferring~~ the ~~matter~~ to ~~superior court for the county in which the property is situated~~. ~~The parties~~ 32
409		-	~~shall be required to file~~ the ~~entire record before the state housing appeals board with superior court~~ 33
410		-	~~within forty-five~~ ~~(45) days of the filing of the complaint.~~ 34
	376	+	LC002505 - Page 11 of 17
	377	+	(ii) The extent to which the community meets or plans to meet housing needs, as defined 1
	378	+	in an affordable housing plan, including, but not limited to, the ten percent (10%) goal for existing 2
	379	+	low-and moderate-income housing units as a proportion of year-round housing; 3
	380	+	(iii) The consideration of environmental protection; 4
	381	+	(iv) The state’s need for low-and moderate-income housing; 5
	382	+	(v) The need to protect the health and safety of the occupants of the proposed housing or 6
	383	+	the residents of the city or town; 7
	384	+	(vi) The need to promote better site and building design in relation to the surroundings or 8
	385	+	to preserve open space; and 9
	386	+	(vii) Whether the reasons for denial, local zoning or land use ordinances, requirements and 10
	387	+	regulations are applied as equally as possible to both subsidized and unsubsidized housing. 11
	388	+	(f) If the appeal is by an applicant for a decision approving an application with conditions, 12
	389	+	the superior court shall, in addition to reviewing the standards and considerations set forth in 13
	390	+	subsection (e) of this section, determine whether such conditions and requirements imposed make 14
	391	+	the construction or operation of the housing infeasible. 15
	392	+	(g) The court shall not substitute its judgment for that of the local review board as to the 16
	393	+	weight of the evidence on questions of fact. The court may affirm the decision of the local review 17
	394	+	board or remand the case for further proceedings, or may reverse or modify the decision if 18
	395	+	substantial rights of the appellant have been prejudiced because of findings, inferences, 19
	396	+	conclusions, or decisions that were arbitrary, capricious or unreasonable. 20
	397	+	(h) Any appeal from the superior court to the supreme court pursuant to this section shall 21
	398	+	be by writ of certiorari. 22
	399	+	(i) Effective January 1, 2024, all matters pending before the state housing appeals board 23
	400	+	shall be transferred to superior court for the county in which the property is situated by the applicant 24
	401	+	filing a complaint in superior court and providing a copy of the complaint to the attorney 25
	402	+	representing the local review board within ten (10) days of filing. An applicant with an appeal 26
	403	+	pending before the state housing appeals board shall have until March 1, 2024, to file the complaint 27
	404	+	transferring the matter to superior court for the county in which the property is situated. The parties 28
	405	+	shall be required to file the entire record before the state housing appeals board with superior court 29
	406	+	within forty-five (45) days of the filing of the complaint. 30
	407	+	(j) Effective January 1, 2024, this section shall replace the provisions of § 45-53-5 and any 31
	408	+	reference in the general laws to § 45-53-5 shall mean §45-53-5.1. 32
	409	+	SECTION 3. Sections 45-53-6 and 45-53-7 of the General Laws in Chapter 45-53 entitled 33
	410	+	"Low and Moderate Income Housing" are hereby amended to read as follows: 34
411	411
412	412
413		-	LC002505~~/SUB A~~ - Page 12 of 17
414		-	~~(j) Effective January 1, 2024, this section shall replace the provisions of §~~ 45-53-~~5 and any~~ 1
415		-	~~reference in the general laws to § 45-53-5 shall mean §45-53-5.1~~. 2
416		-	~~SECTION 3.~~ ~~Sections 45-53-6 and 45-53-7 of~~ the ~~General Laws in Chapter 45-53~~ ~~entitled~~ 3
417		-	~~"Low~~ and ~~Moderate Income Housing"~~ are ~~hereby amended to read as follows:~~ 4
418		-	45-53-6~~. Powers of state housing appeals board Powers of state housing appeals board~~ 5
419		-	~~[Effective until January 1~~, ~~2024].~~ 6
420		-	~~(a) Effective until January 1~~, ~~2024, the The state housing appeals board shall have the~~ 7
421		-	~~powers to~~: (i) ~~Adopt, amend, and repeal rules and regulations that are consistent with this chapter~~ 8
422		-	~~and are necessary to implement~~ the ~~requirements~~ of ~~§§ 45-53-5~~, ~~45-53-6, and 45-53-7; (ii) Receive~~ 9
423		-	~~and expend state appropriations;~~ ~~and (iii) Establish a reasonable fee schedule~~, ~~which may be~~ 10
424		-	~~waived~~, ~~to carry out its duties.~~ 11
425		-	~~(b) In hearing the appeal~~, ~~the state housing appeals board shall determine whether: (i) In~~ 12
426		-	the ~~case~~ of the ~~denial of an application,~~ ~~the decision of the local review board was consistent with~~ 13
427		-	an approved affordable housing plan, or if the town does not have ~~an approved affordable housing~~ 14
428		-	plan, ~~was reasonable and~~ consistent with local needs~~; and (ii) In the case of an approval of an~~ 15
429		-	~~application with conditions and requirements imposed~~, ~~whether those conditions and requirements~~ 16
430		-	~~make the construction or operation of the housing infeasible and whether those conditions and~~ 17
431		-	~~requirements are consistent~~ with an approved ~~affordable housing plan, or if the town does not have~~ 18
432		-	~~an approved~~ affordable housing plan~~, are consistent with local needs.~~ 19
433		-	(c) ~~In making a determination,~~ the ~~standards for reviewing~~ the ~~appeal include~~, ~~but are not~~ 20
434		-	limited to: 21
435		-	~~(1) The consistency~~ of ~~the decision to deny or condition the permit with the approved~~ 22
436		-	~~affordable housing plan~~ and~~/or approved comprehensive plan~~; 23
437		-	(2) The ~~extent to which the community meets or plans to meet housing needs, as defined~~ 24
438		-	~~in an affordable housing plan, including, but not limited to,~~ the ~~ten percent (10%) goal for existing~~ 25
439		-	~~low-~~ and ~~moderate-income~~ housing ~~units as a proportion of year-round housing;~~ 26
440		-	(3) The ~~consideration~~ of the ~~health and safety of existing residents;~~ 27
441		-	~~(4)~~ The ~~consideration of environmental protection;~~ ~~and~~ 28
442		-	~~(5) The extent to which the community applies~~ local ~~zoning ordinances and review~~ 29
443		-	~~procedures evenly on subsidized~~ and ~~unsubsidized housing applications alike.~~ 30
444		-	~~(d)~~ If the appeals board ~~finds, in the case of a denial, that the decision of the local review~~ 31
445		-	~~board was not consistent~~ with ~~an approved affordable housing plan~~, ~~or if~~ the ~~town does not have an~~ 32
446		-	~~approved affordable~~ housing ~~plan~~, ~~was not reasonable and consistent with local needs, it shall~~ 33
447		-	~~vacate~~ the ~~decision and issue a decision and order approving the application, denying the~~ 34
	413	+	LC002505 - Page 12 of 17
	414	+	45-53-6. Powers of state housing appeals board Powers of state housing appeals board 1
	415	+	[Effective until January 1, 2024]. 2
	416	+	(a) Effective until January 1, 2024, the The state housing appeals board shall have the 3
	417	+	powers to: (i) Adopt, amend, and repeal rules and regulations that are consistent with this chapter 4
	418	+	and are necessary to implement the requirements of §§ 45-53-5, 45-53-6, and 45-53-7; (ii) Receive 5
	419	+	and expend state appropriations; and (iii) Establish a reasonable fee schedule, which may be 6
	420	+	waived, to carry out its duties. 7
	421	+	(b) In hearing the appeal, the state housing appeals board shall determine whether: (i) In 8
	422	+	the case of the denial of an application, the decision of the local review board was consistent with 9
	423	+	an approved affordable housing plan, or if the town does not have an approved affordable housing 10
	424	+	plan, was reasonable and consistent with local needs; and (ii) In the case of an approval of an 11
	425	+	application with conditions and requirements imposed, whether those conditions and requirements 12
	426	+	make the construction or operation of the housing infeasible and whether those conditions and 13
	427	+	requirements are consistent with an approved affordable housing plan, or if the town does not have 14
	428	+	an approved affordable housing plan, are consistent with local needs. 15
	429	+	(c) In making a determination, the standards for reviewing the appeal include, but are not 16
	430	+	limited to: 17
	431	+	(1) The consistency of the decision to deny or condition the permit with the approved 18
	432	+	affordable housing plan and/or approved comprehensive plan; 19
	433	+	(2) The extent to which the community meets or plans to meet housing needs, as defined 20
	434	+	in an affordable housing plan, including, but not limited to, the ten percent (10%) goal for existing 21
	435	+	low- and moderate-income housing units as a proportion of year-round housing; 22
	436	+	(3) The consideration of the health and safety of existing residents; 23
	437	+	(4) The consideration of environmental protection; and 24
	438	+	(5) The extent to which the community applies local zoning ordinances and review 25
	439	+	procedures evenly on subsidized and unsubsidized housing applications alike. 26
	440	+	(d) If the appeals board finds, in the case of a denial, that the decision of the local review 27
	441	+	board was not consistent with an approved affordable housing plan, or if the town does not have an 28
	442	+	approved affordable housing plan, was not reasonable and consistent with local needs, it shall 29
	443	+	vacate the decision and issue a decision and order approving the application, denying the 30
	444	+	application, or approving with various conditions consistent with local needs. If the appeals board 31
	445	+	finds, in the case of an approval with conditions and requirements imposed, that the decision of the 32
	446	+	local review board makes the building or operation of the housing infeasible, and/or the conditions 33
	447	+	and requirements are not consistent with an approved affordable housing plan, or if the town does 34
448	448
449	449
450		-	LC002505~~/SUB A~~ - Page 13 of 17
451		-	~~application~~, ~~or approving with various conditions~~ consistent with local needs~~. If the appeals board~~ 1
452		-	~~finds~~, in the ~~case of an approval with conditions and requirements imposed, that the decision of the~~ 2
453		-	~~local review board makes the building or operation of the housing~~ infeasible, and/or the ~~conditions~~ 3
454		-	~~and requirements are~~ not ~~consistent with an approved affordable housing plan,~~ or if the ~~town does~~ 4
455		-	~~not have an approved affordable~~ housing ~~plan, are not consistent~~ with ~~local needs,~~ ~~it shall issue a~~ 5
456		-	~~decision~~ and ~~order, modifying~~ or ~~removing any condition or requirement so as to make~~ the ~~proposal~~ 6
457		-	~~no longer infeasible and/or consistent,~~ and ~~approving~~ the ~~application; provided, that the appeals~~ 7
458		-	~~board shall not issue any decision~~ and ~~order~~ that ~~would permit the building or operation of the~~ 8
459		-	housing ~~in accordance~~ with ~~standards less safe than the applicable building and site plan~~ 9
460		-	~~requirements of~~ the ~~federal Department of Housing~~ and ~~Urban Development or the Rhode Island~~ 10
461		-	~~housing and mortgage finance corporation, whichever agency is financially assisting~~ the ~~housing~~. 11
462		-	~~Decisions~~ or ~~conditions and requirements imposed by a local review board that are consistent with~~ 12
463		-	~~approved affordable housing plans and/or with~~ local ~~needs~~ shall ~~not be vacated,~~ ~~modified, or~~ 13
464		-	~~removed by~~ the appeals board ~~notwithstanding that~~ the ~~decision or conditions and requirements~~ 14
465		-	~~have~~ the ~~effect~~ of ~~denying or making~~ the ~~applicant’s proposal infeasible.~~ 15
466		-	~~(e) The appeals~~ board or the applicant ~~has~~ the ~~power to enforce the orders of the appeals~~ 16
467		-	board ~~by an action brought in the superior court~~. ~~The local review board shall carry out~~ the decision 17
468		-	and ~~order of~~ the ~~appeals board within thirty (30) days of its entry~~ and~~, upon failure to do so, the~~ 18
469		-	~~decision and order~~ of the appeals board ~~is, for all purposes, deemed to be the action of the local~~ 19
470		-	~~review board, unless~~ the ~~applicant consents to a different decision or order by the local review~~ 20
471		-	~~board. The decision and order~~ of the ~~appeals board is binding~~ on ~~the city or town~~, ~~which shall~~ 21
472		-	~~immediately issue any and all necessary permits and approvals to allow~~ the ~~construction and~~ 22
473		-	~~operation of the housing as approved~~ by ~~the appeals board~~. 23
474		-	(f) The ~~state housing appeals board~~ shall: 24
475		-	~~(1) Upon an appeal~~ of the ~~applicant prior to August 1, 2004, rule on December 1, 2004, on~~ 25
476		-	the ~~substantial completeness~~ of ~~applications as of February 13,~~ ~~2004, that were affected by the~~ 26
477		-	~~moratorium established by § 45-53-4(b).~~ 27
478		-	~~(i) The determination of substantial completeness shall be based on whether there was on~~ 28
479		-	~~or before February 13, 2004, substantial completeness~~ of ~~substantially all of the following:~~ 29
480		-	~~(A) A written request to the zoning board of review to submit a single application to build~~ 30
481		-	~~or rehabilitate low-~~ or ~~moderate-income housing in lieu of separate applications to the application~~ 31
482		-	~~local boards~~; 32
483		-	(B) ~~A written list~~ of ~~variances, special use permits and waivers requested to local~~ 33
484		-	~~requirements and regulations~~, including ~~local codes,~~ ~~ordinances, bylaws or regulations, including~~ 34
	450	+	LC002505 - Page 13 of 17
	451	+	not have an approved affordable housing plan, are not consistent with local needs, it shall issue a 1
	452	+	decision and order, modifying or removing any condition or requirement so as to make the proposal 2
	453	+	no longer infeasible and/or consistent, and approving the application; provided, that the appeals 3
	454	+	board shall not issue any decision and order that would permit the building or operation of the 4
	455	+	housing in accordance with standards less safe than the applicable building and site plan 5
	456	+	requirements of the federal Department of Housing and Urban Development or the Rhode Island 6
	457	+	housing and mortgage finance corporation, whichever agency is financially assisting the housing. 7
	458	+	Decisions or conditions and requirements imposed by a local review board that are consistent with 8
	459	+	approved affordable housing plans and/or with local needs shall not be vacated, modified, or 9
	460	+	removed by the appeals board notwithstanding that the decision or conditions and requirements 10
	461	+	have the effect of denying or making the applicant’s proposal infeasible. 11
	462	+	(e) The appeals board or the applicant has the power to enforce the orders of the appeals 12
	463	+	board by an action brought in the superior court. The local review board shall carry out the decision 13
	464	+	and order of the appeals board within thirty (30) days of its entry and, upon failure to do so, the 14
	465	+	decision and order of the appeals board is, for all purposes, deemed to be the action of the local 15
	466	+	review board, unless the applicant consents to a different decision or order by the local review 16
	467	+	board. The decision and order of the appeals board is binding on the city or town, which shall 17
	468	+	immediately issue any and all necessary permits and approvals to allow the construction and 18
	469	+	operation of the housing as approved by the appeals board. 19
	470	+	(f) The state housing appeals board shall: 20
	471	+	(1) Upon an appeal of the applicant prior to August 1, 2004, rule on December 1, 2004, on 21
	472	+	the substantial completeness of applications as of February 13, 2004, that were affected by the 22
	473	+	moratorium established by § 45-53-4(b). 23
	474	+	(i) The determination of substantial completeness shall be based on whether there was on 24
	475	+	or before February 13, 2004, substantial completeness of substantially all of the following: 25
	476	+	(A) A written request to the zoning board of review to submit a single application to build 26
	477	+	or rehabilitate low- or moderate-income housing in lieu of separate applications to the application 27
	478	+	local boards; 28
	479	+	(B) A written list of variances, special use permits and waivers requested to local 29
	480	+	requirements and regulations, including local codes, ordinances, bylaws or regulations, including 30
	481	+	any requested waivers from the land development or subdivisions regulations, and a proposed 31
	482	+	timetable for completion of the project; 32
	483	+	(C) Evidence of site control; 33
	484	+	(D) Evidence of eligibility for a state or federal government subsidy, including a letter from 34
485	485
486	486
487		-	LC002505~~/SUB A~~ - Page 14 of 17
488		-	~~any requested waivers from~~ the ~~land development or subdivisions regulations,~~ and ~~a proposed~~ 1
489		-	~~timetable for completion~~ of the ~~project;~~ 2
490		-	~~(C) Evidence of site control;~~ 3
491		-	~~(D) Evidence of eligibility for a state or federal government subsidy,~~ ~~including a letter from~~ 4
492		-	~~the funding agency indicating the applicant~~ and ~~the project~~; 5
493		-	(E) Site ~~development plans showing~~ the ~~locations and outlines of proposed buildings; the~~ 6
494		-	~~proposed~~ location~~, general dimensions,~~ and ~~materials for~~ street, ~~drives, parking areas, walks, and~~ 7
495		-	~~paved areas; proposed landscaping improvements~~ and open areas ~~within~~ the ~~site~~; ~~and the proposed~~ 8
496		-	~~location~~ and ~~types of sewage, drainage, and water facilities;~~ 9
497		-	~~(F) A report on existing site conditions~~ and a summary ~~of conditions in~~ the ~~surrounding~~ 10
498		-	~~areas, showing the location~~ and ~~nature of existing buildings,~~ ~~existing street elevations,~~ ~~traffic~~ 11
499		-	~~patterns and character of open areas~~, ~~including wetlands and flood plains, in~~ the ~~neighborhood;~~ 12
500		-	~~(G)~~ A ~~tabulation of proposed buildings by type, size (number of bedrooms, floor area) and~~ 13
501		-	~~ground coverage and~~ a ~~summary showing the percentage of the tract to be occupied by buildings,~~ 14
502		-	~~by parking~~ and ~~other paved vehicular areas~~ and ~~by open spaces;~~ 15
503		-	(H) ~~A master plan, if~~ the ~~development proposal is for a major or minor land development~~ 16
504		-	~~plan or a major or minor subdivision;~~ 17
505		-	~~(I)~~ a ~~sample land lease or deed restrictions with affordability liens that will restrict use as~~ 18
506		-	~~low- and moderate-income~~ ~~housing units~~ for ~~a period~~ of ~~not less than thirty (30) years; and~~ 19
507		-	~~(J)~~ The ~~list of all persons entitled to notice in accordance with § 45-24-53.~~ 20
508		-	~~(ii) Notwithstanding the provisions of subsection (f)(1) of this section, if the zoning board~~ 21
509		-	~~of review determined~~ the ~~application to be substantially complete and/or acted in a manner~~ 22
510		-	~~demonstrating that it considered the application~~ substantially complete ~~for the purposes of~~ 23
511		-	~~reviewing~~ the ~~application,~~ the ~~state housing appeals~~ board shall ~~consider the application~~ 24
512		-	~~substantially complete.~~ 25
513		-	~~(2) Remand for hearing in accordance with the provisions of § 45-53-4 applications that~~ 26
514		-	~~are determined to be substantially complete,~~ which ~~hearings may be conducted (or~~ ~~resume) under~~ 27
515		-	~~the provisions in effect on February 13, 2004, unless~~ the applicant and the board ~~shall mutually~~ 28
516		-	~~agree that~~ the ~~hearing~~ shall ~~proceed under the provisions in effect on December 1~~, ~~2004~~, ~~which~~ 29
517		-	~~hearings may commence on or after January 1,~~ ~~2005, but shall commence not later than January~~ 30
518		-	~~31, 2005, on applications in~~ the ~~order in which they were received by~~ the ~~town, unless a different~~ 31
519		-	~~commencement date is mutually agreed to~~ by the ~~applicant and~~ the ~~local board hearing~~ the 32
520		-	~~applications; the local review board shall not be obligated to hear, and may deny, any~~ application 33
521		-	~~affected~~ by ~~the moratorium unless it was determined to be substantially complete in accordance~~ 34
	487	+	LC002505 - Page 14 of 17
	488	+	the funding agency indicating the applicant and the project; 1
	489	+	(E) Site development plans showing the locations and outlines of proposed buildings; the 2
	490	+	proposed location, general dimensions, and materials for street, drives, parking areas, walks, and 3
	491	+	paved areas; proposed landscaping improvements and open areas within the site; and the proposed 4
	492	+	location and types of sewage, drainage, and water facilities; 5
	493	+	(F) A report on existing site conditions and a summary of conditions in the surrounding 6
	494	+	areas, showing the location and nature of existing buildings, existing street elevations, traffic 7
	495	+	patterns and character of open areas, including wetlands and flood plains, in the neighborhood; 8
	496	+	(G) A tabulation of proposed buildings by type, size (number of bedrooms, floor area) and 9
	497	+	ground coverage and a summary showing the percentage of the tract to be occupied by buildings, 10
	498	+	by parking and other paved vehicular areas and by open spaces; 11
	499	+	(H) A master plan, if the development proposal is for a major or minor land development 12
	500	+	plan or a major or minor subdivision; 13
	501	+	(I) a sample land lease or deed restrictions with affordability liens that will restrict use as 14
	502	+	low- and moderate-income housing units for a period of not less than thirty (30) years; and 15
	503	+	(J) The list of all persons entitled to notice in accordance with § 45-24-53. 16
	504	+	(ii) Notwithstanding the provisions of subsection (f)(1) of this section, if the zoning board 17
	505	+	of review determined the application to be substantially complete and/or acted in a manner 18
	506	+	demonstrating that it considered the application substantially complete for the purposes of 19
	507	+	reviewing the application, the state housing appeals board shall consider the application 20
	508	+	substantially complete. 21
	509	+	(2) Remand for hearing in accordance with the provisions of § 45-53-4 applications that 22
	510	+	are determined to be substantially complete, which hearings may be conducted (or resume) under 23
	511	+	the provisions in effect on February 13, 2004, unless the applicant and the board shall mutually 24
	512	+	agree that the hearing shall proceed under the provisions in effect on December 1, 2004, which 25
	513	+	hearings may commence on or after January 1, 2005, but shall commence not later than January 26
	514	+	31, 2005, on applications in the order in which they were received by the town, unless a different 27
	515	+	commencement date is mutually agreed to by the applicant and the local board hearing the 28
	516	+	applications; the local review board shall not be obligated to hear, and may deny, any application 29
	517	+	affected by the moratorium unless it was determined to be substantially complete in accordance 30
	518	+	with the provisions of subsection (f)(1) of this section, and the local review board may require such 31
	519	+	additional submissions as may be specified by the town or necessary for the review of the 32
	520	+	application. 33
	521	+	(3) Hear and decide appeals, other than those covered by subsection (f)(1) of this section, 34
522	522
523	523
524		-	LC002505~~/SUB A~~ - Page 15 of 17
525		-	~~with the provisions of subsection (f)(1) of this section, and the local review board~~ may ~~require such~~ 1
526		-	~~additional submissions as may be specified~~ by ~~the town or necessary for the review of the~~ 2
527		-	~~application.~~ 3
528		-	~~(3) Hear and decide appeals, other than those covered by subsection (f)(1)~~ of ~~this section,~~ 4
529		-	~~for which it took jurisdiction on or before May~~ 1, ~~2004~~. 5
530		-	(4) ~~Continue to hear and decide appeals filed by nonprofit organizations~~. 6
531		-	~~(5) Conduct such other business as may be reasonable and appropriate in order to facilitate~~ 7
532		-	~~an orderly transfer of activities to the state housing appeals board as it shall be constituted after~~ 8
533		-	January 1, ~~2005.~~ 9
534		-	(g) ~~This section shall sunset on January 1,~~ ~~2024.~~ 10
535		-	~~45-53-7. Housing appeals board Housing appeals board [Effective~~ ~~until January 1,~~ 11
536		-	~~2024].~~ 12
537		-	~~(a)(1) Effective until January 1~~, ~~2024 there There~~ shall be ~~within~~ the ~~state a housing appeals~~ 13
538		-	~~board consisting~~ of ~~nine (9) voting members and three (3) alternates as follows:~~ ~~one voting member~~ 14
539		-	~~who~~ shall be from ~~the Center for Justice Rhode Island;~~ ~~one voting member who shall be from Direct~~ 15
540		-	~~Action for Rights~~ and ~~Equality (DARE); and seven (7) voting members to be appointed by the~~ 16
541		-	~~governor~~, ~~who shall include four (4)~~ local ~~officials, who shall not be from the same city or town;~~ 17
542		-	~~two (2) of whom~~ shall be ~~from a city or town with a population of less than twenty-five~~ ~~thousand~~ 18
543		-	~~(25,000); and two (2)~~ of ~~whom shall be from a city~~ or ~~town with a population~~ of ~~twenty-five~~ 19
544		-	~~thousand (25,000) or greater,~~ ~~and shall include~~ one ~~local zoning board member,~~ one ~~local planning~~ 20
545		-	~~board member,~~ one ~~city council member~~ and one ~~town council member,~~ ~~one of the local official~~ 21
546		-	~~members~~ shall be ~~designated by the governor as the alternative local official member who shall be~~ 22
547		-	~~a voting member of~~ the ~~board only in the event that one~~ or ~~more of the other three (3) local officials~~ 23
548		-	~~is unable to serve~~ at ~~a hearing;~~ ~~one affordable housing developer; one affordable housing advocate;~~ 24
549		-	~~one representative of~~ the ~~business community; and one attorney knowledgeable in land use~~ 25
550		-	~~regulation, who should be chairperson~~ of the board~~. There shall be two (2) additional alternates~~ 26
551		-	~~appointed by~~ the ~~governor chosen from candidates submitted by realtors or developers doing~~ 27
552		-	~~business in~~ the ~~state and the alternates shall rotate service as a voting member at the discretion of~~ 28
553		-	the ~~chairperson~~. 29
554		-	(2) ~~Those~~ members of the ~~board~~ as of July 2, 2004, ~~who were appointed~~ to the ~~board by~~ 30
555		-	~~members~~ of ~~the general assembly shall cease to be members of the board on July 2, 2004, and the~~ 31
556		-	~~governor shall thereupon nominate four~~ (4) ~~new members each of whom~~ shall ~~serve for the balance~~ 32
557		-	of the ~~current term of his or her predecessor~~. 33
558		-	(3) All ~~other members of the commission~~ as ~~of July 2, 2004, shall continue to serve for the~~ 34
	524	+	LC002505 - Page 15 of 17
	525	+	for which it took jurisdiction on or before May 1, 2004. 1
	526	+	(4) Continue to hear and decide appeals filed by nonprofit organizations. 2
	527	+	(5) Conduct such other business as may be reasonable and appropriate in order to facilitate 3
	528	+	an orderly transfer of activities to the state housing appeals board as it shall be constituted after 4
	529	+	January 1, 2005. 5
	530	+	(g) This section shall sunset on January 1, 2024. 6
	531	+	45-53-7. Housing appeals board Housing appeals board [Effective until January 1, 7
	532	+	2024]. 8
	533	+	(a)(1) Effective until January 1, 2024 there There shall be within the state a housing appeals 9
	534	+	board consisting of nine (9) voting members and three (3) alternates as follows: one voting member 10
	535	+	who shall be from the Center for Justice Rhode Island; one voting member who shall be from Direct 11
	536	+	Action for Rights and Equality (DARE); and seven (7) voting members to be appointed by the 12
	537	+	governor, who shall include four (4) local officials, who shall not be from the same city or town; 13
	538	+	two (2) of whom shall be from a city or town with a population of less than twenty-five thousand 14
	539	+	(25,000); and two (2) of whom shall be from a city or town with a population of twenty-five 15
	540	+	thousand (25,000) or greater, and shall include one local zoning board member, one local planning 16
	541	+	board member, one city council member and one town council member, one of the local official 17
	542	+	members shall be designated by the governor as the alternative local official member who shall be 18
	543	+	a voting member of the board only in the event that one or more of the other three (3) local officials 19
	544	+	is unable to serve at a hearing; one affordable housing developer; one affordable housing advocate; 20
	545	+	one representative of the business community; and one attorney knowledgeable in land use 21
	546	+	regulation, who should be chairperson of the board. There shall be two (2) additional alternates 22
	547	+	appointed by the governor chosen from candidates submitted by realtors or developers doing 23
	548	+	business in the state and the alternates shall rotate service as a voting member at the discretion of 24
	549	+	the chairperson. 25
	550	+	(2) Those members of the board as of July 2, 2004, who were appointed to the board by 26
	551	+	members of the general assembly shall cease to be members of the board on July 2, 2004, and the 27
	552	+	governor shall thereupon nominate four (4) new members each of whom shall serve for the balance 28
	553	+	of the current term of his or her predecessor. 29
	554	+	(3) All other members of the commission as of July 2, 2004, shall continue to serve for the 30
	555	+	duration of their current terms. 31
	556	+	(4) All gubernatorial appointments made under this section after July 2, 2004, shall be 32
	557	+	subject to the advice and consent of the senate. 33
	558	+	(b)(1) All appointments are for two-year (2) terms; except as otherwise provided in 34
559	559
560	560
561		-	LC002505/SUB A - Page 16 of 17
562		-	duration of their current terms. 1
563		-	(4) All gubernatorial appointments made under this section after July 2, 2004, shall be 2
564		-	subject to the advice and consent of the senate. 3
565		-	(b)(1) All appointments are for two-year (2) terms; except as otherwise provided in 4
566		-	subsection (a)(2) of this section, the terms of members appointed after December 31, 2004, shall 5
567		-	be for three (3) years. Each member who is duly appointed or continued in office after January 1, 6
568		-	2005, shall hold office for the term for which the member is appointed and until the member’s 7
569		-	successor shall have been appointed and qualified, or until the member’s earlier death, resignation, 8
570		-	or removal. A member shall receive no compensation for his or her services, but shall be reimbursed 9
571		-	by the state for all reasonable expenses actually and necessarily incurred in the performance of his 10
572		-	or her official duties. The board shall hear all petitions for review filed under § 45-53-5, and shall 11
573		-	conduct all hearings in accordance with the rules and regulations established by the chair. Rhode 12
574		-	Island housing shall provide space, and clerical and other assistance, as the board may require. 13
575		-	(2) Provided, effective January 1, 2023, the Rhode Island housing resources commission 14
576		-	(the “commission”) established pursuant to chapter 128 of title 42 shall provide all space, and 15
577		-	clerical and other assistance, as the board may require. All duties and responsibilities of Rhode 16
578		-	Island housing resources commission as to providing space, clerical and other assistance to the 17
579		-	board pursuant to subsection (b)(1) of this section shall be transferred to the commission effective 18
580		-	January 1, 2023. 19
581		-	(c) This section shall sunset on January 1, 2024. 20
582		-	SECTION 4. This act shall take effect upon passage. 21
	561	+	LC002505 - Page 16 of 17
	562	+	subsection (a)(2) of this section, the terms of members appointed after December 31, 2004, shall 1
	563	+	be for three (3) years. Each member who is duly appointed or continued in office after January 1, 2
	564	+	2005, shall hold office for the term for which the member is appointed and until the member’s 3
	565	+	successor shall have been appointed and qualified, or until the member’s earlier death, resignation, 4
	566	+	or removal. A member shall receive no compensation for his or her services, but shall be reimbursed 5
	567	+	by the state for all reasonable expenses actually and necessarily incurred in the performance of his 6
	568	+	or her official duties. The board shall hear all petitions for review filed under § 45-53-5, and shall 7
	569	+	conduct all hearings in accordance with the rules and regulations established by the chair. Rhode 8
	570	+	Island housing shall provide space, and clerical and other assistance, as the board may require. 9
	571	+	(2) Provided, effective January 1, 2023, the Rhode Island housing resources commission 10
	572	+	(the “commission”) established pursuant to chapter 128 of title 42 shall provide all space, and 11
	573	+	clerical and other assistance, as the board may require. All duties and responsibilities of Rhode 12
	574	+	Island housing resources commission as to providing space, clerical and other assistance to the 13
	575	+	board pursuant to subsection (b)(1) of this section shall be transferred to the commission effective 14
	576	+	January 1, 2023. 15
	577	+	(c) This section shall sunset on January 1, 2024. 16
	578	+	SECTION 4. This act shall take effect upon passage. 17
583	579		========
584		-	LC002505~~/SUB A~~
	580	+	LC002505
585	581		========
586	582
587	583
588		-	LC002505~~/SUB A~~ - Page 17 of 17
	584	+	LC002505 - Page 17 of 17
589	585		EXPLANATION
590	586		BY THE LEGISLATIVE COUNCIL
591	587		OF
592	588		A N A C T
593	589		RELATING TO TOWNS AN D CITIES -- LOW AND MODERATE INC OME HOUSING
594	590		***
595	591		This act would amend several sections of law relating to low-and moderate-income housing 1
596	592		and the application, appeal, and judicial review process. 2
597	593		This act would take effect upon passage. 3
598	594		========
599		-	LC002505~~/SUB A~~
	595	+	LC002505
600	596		========
601	597