2020 -- H 8098

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LC005508

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2020

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A N   A C T

     RELATING TO TOWN AND CITIES -- MINIMUM HOUSING STANDARDS

     Introduced By: Representative Samuel A. Azzinaro

     Date Introduced: July 09, 2020

     Referred To: House Municipal Government

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 45-24.2-5 of the General Laws in Chapter 45-24.2 entitled "Minimum

Housing Standards" is hereby amended to read as follows:

     45-24.2-5. Housing board of review.

     (a) The city and town councils authorized to adopt standards relating to minimum housing

may provide for the selection and organization of a housing board of review consisting of five (5)

members; provided, that in the case of the housing board of review of the city of Providence, there

shall be seven (7) members, five (5) of whom shall be appointed by the mayor and two (2) of whom

shall be members of the city council elected by the city council from its members to serve for a

term ending the first Monday in January, 1975, and, thereafter, to be elected for a term of four (4)

years; and provided, further, that in the case of the housing board of review of the town of Westerly

there shall be three (3) members, with two (2) members constituting a quorum. The city and town

councils are authorized to designate the board of appeals as the housing board of review in the cities

and towns where these boards of appeal now exist or may be authorized by law. The chairperson

or, in the chairperson's absence, the acting chairperson, may administer oaths and compel the

attendance of witnesses. All hearings of the board are open to the public.

     (b) Any housing board of review established pursuant to this chapter is governed by the

following procedure:

     (1) The board shall keep minutes of its proceedings, showing the vote upon each question,

and shall keep records of its decisions and findings and the reasons therefor, and of its examinations

and other official actions, all of which shall be filed immediately in the office of the board and are

a public record.

     (2) Appeals to the board may be taken by any person upon whom a compliance order has

been issued by the enforcing officer. The period in which the appeal may be taken shall be

prescribed by ordinance or by the rules of the board. The appeals shall be filed with the board and

shall specify the grounds of the appeal. The board shall immediately transmit a copy of the appeal

to the enforcing officer. Upon receipt by the enforcing officer of the appeal, he or she shall

immediately transmit to the board all the papers constituting the record upon which the compliance

order was based.

     (3) An appeal shall stay all proceedings in furtherance of the action appealed from unless

the enforcing officer from whom the appeal is taken certifies to the board, after notice of the appeal

has been transmitted to the officer, that, by reason of facts stated in the certificate, a stay would, in

his or her opinion, cause a serious hazard or immediate peril to the health or safety of the occupants

of a dwelling or of the public. In that case proceedings shall not be stayed except by a restraining

order which may be granted by a court of competent jurisdiction on application and upon notice of

the enforcing officer from whose order the appeal is taken and on due cause shown.

     (4) The board shall fix a reasonable time for the hearing of the appeal, give due notice to

the party making the appeal and the enforcing officer, and decide the appeal within a reasonable

time. At the hearing any party may appear in person or by agent or attorney.

     (c) The housing board of review has the following powers:

     (1) The housing board of review has the power to hear and decide appeals where it is

alleged that there is error in any order, requirement, decision, or determination made by an

enforcing officer in the enforcement of this chapter or any ordinance, rule, or regulation adopted

pursuant to the authority of this chapter.

     (2) Where, by reason of an extraordinary and exceptional condition or situation unique to

the property involved, the strict application of any ordinance, rule, or regulation adopted pursuant

to the authority of this chapter would result in peculiar and exceptional difficulties to, or exceptional

and undue hardship upon, the person upon whom a compliance order has been issued, the housing

board of review has the power to vary from this strict application to the least extent necessary to

relieve difficulties or hardship; provided, that relief may be granted without substantial detriment

to public health, safety, morals, and general welfare, and without substantial impairment of the

intent and purpose of the ordinance, rule, or regulation.

     (3) In exercising the powers established by this section, the board may, in conformity with

the provisions of this chapter, reverse or affirm, wholly or partly, or may modify any order,

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requirement, decision, or determination of the enforcing officer, and may make an order,

requirement, decision, or determination that ought to be made, and to that end has all the powers

of the enforcing officer from whom the appeal was taken.

     (4) In order to hear an appeal, a quorum of three (3) members of the board must be present.

A concurring vote of a majority of the members of the board present at the hearing is necessary to

reverse or modify any order or decision of the enforcing officer and to authorize a variance or

modification in the application of any provisions of any ordinance, rule, or regulation adopted

pursuant to the authority of this chapter. In the event of a tie vote, the order of the enforcing officer

is deemed to be sustained. Except as provided in § 45-24.2-6 of this chapter, the findings of the

board are conclusive with respect to questions of fact and may be reviewed only as to questions of

law.

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

     RELATING TO TOWN AND CITIES -- MINIMUM HOUSING STANDARDS

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     This act would repeal the selection and organization of a housing board of review for the

Town of Westerly.

     This act would take effect upon passage.

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