Rhode Island 2025 Regular Session

Rhode Island House Bill H6214 Compare Versions

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

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5	5	2025 -- H 6214
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7	7	LC002699
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9	9	S T A T E O F R H O D E I S L A N D
10	10	IN GENERAL ASSEMBLY
11	11	JANUARY SESSION, A.D. 2025
12	12	____________
13	13
14	14	A N A C T
15	15	RELATING TO STATE AFFAIRS AND GOVERNMENT -- RHODE ISLAND HOUSING
16	16	RESOURCES ACT OF 1998
17	17	Introduced By: Representative John G. Edwards
18	18	Date Introduced: April 09, 2025
19	19	Referred To: House Municipal Government & Housing
20	20	(Tiverton)
21	21
22	22	It is enacted by the General Assembly as follows:
23	23	SECTION 1. Section 42-128-8.1 of the General Laws in Chapter 42-128 entitled "Rhode 1
24	24	Island Housing Resources Act of 1998" is hereby amended to read as follows: 2
25	25	42-128-8.1. Housing production and rehabilitation. 3
26	26	(a) Short title. This section shall be known and may be cited as the “Comprehensive 4
27	27	Housing Production and Rehabilitation Act of 2004.” 5
28	28	(b) Findings. The general assembly finds and declares that: 6
29	29	(1) The state must maintain a comprehensive housing strategy applicable to all cities and 7
30	30	towns that addresses the housing needs of different populations including, but not limited to, 8
31	31	workers and their families who earn less than one hundred twenty percent (120%) of median 9
32	32	income, older citizens, students attending institutions of higher education, low- and very-low 10
33	33	income individuals and families, and vulnerable populations including, but not limited to, persons 11
34	34	with disabilities, homeless individuals and families, and individuals released from correctional 12
35	35	institutions. 13
36	36	(2) Efforts and programs to increase the production of housing must be sensitive to the 14
37	37	distinctive characteristics of cities and towns, neighborhoods, and areas and the need to manage 15
38	38	growth and to pace and phase development, especially in high-growth areas. 16
39	39	(3) The state in partnership with local communities must remove barriers to housing 17
40	40	development and update and maintain zoning and building regulations to facilitate the construction, 18
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44	44	rehabilitation of properties and retrofitting of buildings for use as safe affordable housing. 1
45	45	(4) Creative funding mechanisms are needed at the local and state levels that provide 2
46	46	additional resources for housing development, because there is an inadequate amount of federal 3
47	47	and state subsidies to support the affordable housing needs of Rhode Island’s current and projected 4
48	48	population. 5
49	49	(5) Innovative community planning tools, including, but not limited to, density bonuses 6
50	50	and permitted accessory dwelling units, are needed to offset escalating land costs and project 7
51	51	financing costs that contribute to the overall cost of housing and tend to restrict the development 8
52	52	and preservation of housing affordable to very-low income, low-income, and moderate-income 9
53	53	persons. 10
54	54	(6) The gap between the annual increase in personal income and the annual increase in the 11
55	55	median sales price of a single-family home is growing, therefore, the construction, rehabilitation 12
56	56	and maintenance of affordable, multi-family housing needs to increase to provide more rental 13
57	57	housing options to individuals and families, especially those who are unable to afford 14
58	58	homeownership of a single-family home. 15
59	59	(7) The state needs to foster the formation of cooperative partnerships between 16
60	60	communities and institutions of higher education to significantly increase the amount of residential 17
61	61	housing options for students. 18
62	62	(8) The production of housing for older citizens as well as urban populations must keep 19
63	63	pace with the next twenty-year (20) projected increases in those populations of the state. 20
64	64	(9) Efforts must be made to balance the needs of Rhode Island residents with the ability of 21
65	65	the residents of surrounding states to enter into Rhode Island’s housing market with much higher 22
66	66	annual incomes at their disposal. 23
67	67	(c) Strategic plan. The commission, in conjunction with the statewide planning program, 24
68	68	shall develop by July 1, 2006, a five-year (5) strategic plan for housing, which plan shall be adopted 25
69	69	as an element of the state guide plan, and which shall include quantified goals, measurable 26
70	70	intermediate steps toward the accomplishment of the goals, implementation activities, and 27
71	71	standards for the production and/or rehabilitation of year-round housing to meet the housing needs 28
72	72	including, but not limited to, the following: 29
73	73	(1) Older Rhode Islanders, including senior citizens, appropriate, affordable housing 30
74	74	options; 31
75	75	(2) Workers, housing affordable at their income level; 32
76	76	(3) Students, dormitory, student housing and other residential options; 33
77	77	(4) Low-income and very-low income households, rental housing; 34
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81	81	(5) Persons with disabilities, appropriate housing; and 1
82	82	(6) Vulnerable individuals and families, permanent housing, single-room occupancy units, 2
83	83	transitional housing and shelters. 3
84	84	(d) As used in this section and for the purposes of the preparation of affordable housing 4
85	85	plans as specified in chapter 22.2 of title 45, words and terms shall have the meaning set forth in 5
86	86	chapter 22.2 of title 45, chapter 53 of title 45, and/or § 42-11-10, unless this section provides a 6
87	87	different meaning or unless the context indicates a different meaning or intent. 7
88	88	(1) “Affordable housing” means residential housing that has a sales price or rental amount 8
89	89	that is within the means of a household that is moderate income or less. In the case of dwelling 9
90	90	units for sale, housing that is affordable means housing in which principal, interest, taxes, which 10
91	91	may be adjusted by state and local programs for property tax relief, and insurance constitute no 11
92	92	more than thirty percent (30%) of the gross household income for a household with less than one 12
93	93	hundred and twenty percent (120%) of area median income, adjusted for family size. Provided, 13
94	94	however, that exclusively for the residents of New Shoreham, their affordable housing eligibility 14
95	95	standards shall include households whose adjusted gross income is less than one hundred forty 15
96	96	percent (140%) of their residents’ median income, adjusted for family size. In the case of dwelling 16
97	97	units for rent, housing that is affordable means housing for which the rent, heat, and utilities other 17
98	98	than telephone constitute no more than thirty percent (30%) of the gross annual household income 18
99	99	for a household with eighty percent (80%) or less of area median income, adjusted for family size. 19
100	100	(i) Affordable housing shall include all types of year-round housing, including, but not 20
101	101	limited to: manufactured housing; housing originally constructed for workers and their families; 21
102	102	accessory dwelling units; housing accepting rental vouchers and/or tenant-based certificates under 22
103	103	Section 8 of the United States Housing Act of 1937, as amended; and assisted living housing, where 23
104	104	the sales or rental amount of such housing, adjusted for any federal, state, or municipal government 24
105	105	subsidy, is less than or equal to thirty percent (30%) of the gross household income of the low 25
106	106	and/or moderate income occupants of the housing. 26
107	107	(ii) Mobile and manufactured homes shall be included as affordable housing if such home 27
108	108	constitutes a primary residence of the occupant or occupants; and such home is located within a 28
109	109	community owned by the residents or the land containing the home is owned by the occupant or 29
110	110	occupants; and such home was constructed after June 15, 1976; and such home complies with the 30
111	111	Manufactured Home Construction and Safety Standards of the United States Department of 31
112	112	Housing and Urban Development; provided however, that in the town of Tiverton any 32
113	113	manufactured home shall be included as affordable housing and credited as one-half (1/2) of an 33
114	114	affordable unit for purposes of the requirements of § 45-53-1; provided that, the manufactured 34
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118	118	homes are located in an age restricted community requiring residents be fifty-five (55) years or 1
119	119	older and the community is approved pursuant to specific requirements of the town’s zoning, land 2
120	120	development and subdivision ordinances and licensed annually by the town. 3
121	121	(iii) In that New Shoreham has reached its ten percent (10%) low- and moderate-income 4
122	122	housing goal, and for so long as they maintain at least ten percent (10%) of their year-round housing 5
123	123	stock as low- and moderate-income housing as defined in § 45-53-3(5)(ii), and inasmuch as there 6
124	124	are provable economic impacts related to the municipalities’ substantial offshore location, 7
125	125	residential housing units produced for sale in which principal, interest, taxes, which may be 8
126	126	adjusted by state and local programs for property tax relief, and insurance constitute no more than 9
127	127	thirty percent (30%) of the gross household income for a household with less than one hundred 10
128	128	forty percent (140%) of the area median income, adjusted for family size, shall be counted towards 11
129	129	the municipalities’ low- and moderate-income housing inventory as defined in § 45-53-3(9). 12
130	130	(2) “Affordable housing plan” means a plan prepared and adopted by a town or city either 13
131	131	to meet the requirements of chapter 53 of title 45 or to meet the requirements of § 45-22.2-10(f), 14
132	132	which require that comprehensive plans and the elements thereof be revised to conform with 15
133	133	amendments to the state guide plan. 16
134	134	(3) “Approved affordable housing plan” means an affordable housing plan that has been 17
135	135	reviewed and approved in accordance with § 45-22.2-9. 18
136	136	(4) “Moderate-income household” means a single person, family, or unrelated persons 19
137	137	living together whose adjusted gross income is more than eighty percent (80%) but less than one 20
138	138	hundred twenty percent (120%) of the area median income, adjusted for family size. 21
139	139	(5) “Seasonal housing” means housing that is intended to be occupied during limited 22
140	140	portions of the year. 23
141	141	(6) “Year-round housing” means housing that is intended to be occupied by people as their 24
142	142	usual residence and/or vacant units that are intended by their owner for occupancy at all times of 25
143	143	the year; occupied rooms or suites of rooms in hotels are year-round housing only when occupied 26
144	144	by permanent residents as their usual place of residence. 27
145	145	(e) The strategic plan shall be updated and/or amended as necessary, but not less than once 28
146	146	every five (5) years. 29
147	147	(f) Upon the adoption of the strategic plan as an element of the state guide plan, towns and 30
148	148	cities shall bring their comprehensive plans into conformity with its requirements, in accordance 31
149	149	with the timetable set forth in § 45-22.2-10(f); provided, however, that any town that has adopted 32
150	150	an affordable housing plan in order to comply with the provisions of chapter 53 of title 45, which 33
151	151	has been approved for consistency pursuant to § 45-22.2-9, shall be deemed to satisfy the 34
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155	155	requirements of the strategic plan for low- and moderate-income housing until such time as the 1
156	156	town must complete its next required comprehensive community plan update. 2
157	157	(g) Guidelines. The commission shall advise the state planning council and the state 3
158	158	planning council shall promulgate and adopt not later than July 1, 2006, guidelines for higher 4
159	159	density development, including, but not limited to: (1) Inclusionary zoning provisions for low- and 5
160	160	moderate-income housing with appropriate density bonuses and other subsidies that make the 6
161	161	development financially feasible; and (2) Mixed-use development that includes residential 7
162	162	development, which guidelines shall take into account infrastructure availability; soil type and land 8
163	163	capacity; environmental protection; water supply protection; and agricultural, open space, historical 9
164	164	preservation, and community development pattern constraints. 10
165	165	(h) The statewide planning program shall maintain a geographic information system map 11
166	166	that identifies, to the extent feasible, areas throughout the state suitable for higher density 12
167	167	residential development consistent with the guidelines adopted pursuant to subsection (g). 13
168	168	SECTION 2. This act shall take effect upon passage. 14
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175	175	EXPLANATION
176	176	BY THE LEGISLATIVE COUNCIL
177	177	OF
178	178	A N A C T
179	179	RELATING TO STATE AFFAIRS AND GOVERNMENT -- RHODE ISLAND HOUSING
180	180	RESOURCES ACT OF 1998
181	181	***
182	182	This act would allow the town of Tiverton to receive a half (1/2) credit for affordable 1
183	183	housing units for manufactured homes in age restricted communities in conformance with all 2
184	184	zoning laws and/or ordinances of the town. 3
185	185	This act would take effect upon passage. 4
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