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ARTICLE 9 AS AMENDED |
RELATING TO HOUSING
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SECTION 1. Sections 23-24.6-6, 23-24.6-15 and 23-24.6-20 of the General Laws in |
Chapter 23-24.6 entitled "Lead Poisoning Prevention Act" are hereby amended to read as follows: |
23-24.6-6. Interagency coordinating council on environmental lead. |
(a) There is established an interagency coordinating council on environmental lead within |
the department of health consisting of six (6) five (5) members. |
(b) The purpose of the council shall be as follows: |
(1) To coordinate the activities of its member agencies with respect to: (i) |
environmentalEnvironmental lead policy; (ii) theThe development of educational materials; (iii) |
draftingDrafting regulations which have as their purpose reducing or preventing lead poisoning; |
and (iv) enforcementEnforcement of laws, regulations, and ordinances pertaining to lead |
poisoning and lead poisoning prevention. |
(2) To recommend the adoption of policies with regard to the detection and elimination of |
the hazards to the public posed by exposure to lead in the environment; |
(3) To recommend the adoption of policies with regard to the screening and treatment of |
individuals suffering from elevated exposures to environmental lead; and |
(4) To report on or before March 1 of each year to the governor, speaker of the house, and |
the president of the senate on both the progress of the comprehensive environmental lead program |
and recommendations for any needed changes in legislation, which report shall at a minimum: (i) |
provideProvide by city and town, the incidence and levels of lead poisoning; (ii) describeDescribe |
educational programs; (iii) summarizeSummarize regulations adopted pursuant to the provisions |
of this chapter and chapter 128.1 of title 42, and state the number of enforcement actions pursuant |
to this chapter initiated, the number completed or closed due to successful remediation of lead |
hazards, the number completed or closed for other reasons (which reasons shall be explained), and |
the number that remain open (including information on how long such actions have been open and |
the reasons they have not been completed). |
(c) The members of the council shall be as follows: |
(1) There shall be five (5) four (4) ex officio members: the director, the director of |
environmental management, the director of human services, and the attorney general, and the |
executive director of the housing resources commission or their designees. |
(2) There shall be one local government official, who shall have knowledge of lead hazard |
reduction programs at the local level, appointed by the president of the Rhode Island League of |
Cities and Towns. |
(3) [Deleted by P.L. 2002, ch. 187, § 2 and by P.L. 2002, ch. 188, § 2.] |
(d) The members shall elect from among their members a chairperson, a vice chairperson, |
and secretary. |
(e) The council shall meet at the call of the chairperson, but not less than quarterly. The |
director shall provide any meeting and hearing rooms and secretarial staff that the council may |
require. |
23-24.6-15. Inspections of rental property. |
(a) The director shall, in conjunction with the housing resources commission, promulgate |
regulations permitting state inspectors to conduct such lead inspections as may be appropriate in |
response to any complaint to the department or the housing resources commission, by an occupant |
or the parent or guardian of any child under the age of six (6) years who is an occupant renting or |
leasing a dwelling, dwelling unit, or premises of the existence of a lead exposure hazard for a child |
under the age of six (6) years in that dwelling, dwelling unit, or premises. These regulations will |
allow for response to the complaints to be prioritized based upon the age of the structure and the |
nature and degree of hazard present. |
(b) Whenever a comprehensive environmental lead inspection has been performed either |
pursuant to a complaint or otherwise, the owner and/or any real estate agent or property manager |
involved in renting or leasing the dwelling, dwelling unit, or premises shall provide the results of |
the inspection to occupants pursuant to regulations promulgated by the department, as follows: |
(1) Those persons occupying the dwelling, dwelling unit, or premises at the time the |
inspection is performed shall be notified of the results within five (5) business days after the owner |
receives the results; |
(2) All persons who are prospective occupants shall be notified of the inspection results if |
a significant lead hazard exists, before any lease is signed or before occupancy begins in cases |
where no lease is signed; |
(3) This notice provision terminates with the performance of the necessary lead reduction |
actions required to reach at least the "lead safe" level. The department shall provide the owner with |
a certification of lead reduction for the dwelling. |
(c) Failure to provide inspection results and/or educational materials pursuant to this |
chapter shall subject the lessor or his or herthe lessor’s agent to a civil penalty of not less than one |
hundred dollars ($100) nor more than five hundred dollars ($500) for each violation. |
23-24.6-20. Licensure of environmental lead inspectors and lead contractors, |
supervisors, and workers. |
(a) The department shall provide for the certification of training programs for |
environmental lead inspectors and for lead contractors, supervisors, workers, and other persons |
engaged in environmental lead-hazard reduction pursuant to the provisions of this chapter. The |
department shall establish standards and specifications for training courses including, at a |
minimum, the required length of different training programs, mandatory topics of instruction, and |
required qualifications for training programs and instructors. Hands on instruction shall be a |
component of the required training. |
(b) The department shall establish procedures and issue regulations requiring the licensure |
of environmental lead inspectors, lead contractors, supervisors, workers, and other persons engaged |
in environmental lead inspection and/or hazard reduction pursuant to the provisions of this chapter. |
These regulations: |
(1) Shall prescribe the requirements for licensure and the conditions and restrictions |
governing the renewal, revocation, and suspension of licenses. Requirements for licensure and for |
renewal of licensure shall include, but not be limited to, the following: |
(i) Compliance with the lead-hazard reduction regulations in § 23-24.6-17; and |
(ii) Required training of environmental lead inspectors and of lead contractors, supervisors, |
workers, and other persons engaged in environmental lead-hazard reduction in subjects including, |
but not limited to, safe work practices, instruction in health risks, precautionary measures, |
protective equipment, and other practices, including practices to prevent contamination of the |
residential premises, ambient discharges and ground contamination, respiratory protection, new |
lead-hazard reduction techniques and technologies, applicable federal and state regulation, and |
hands-on instruction for equipment and techniques to be used; a minimum of twenty (20) hours of |
training shall be required as a condition of licensure for workers; additional hours of training shall |
be required for supervisors and contractors; a refresher training course shall also be required; |
(2) May provide for Rhode Island to reciprocally license persons certified and/or licensed |
by other states with comparable requirements. |
(c) No person shall enter into, engage in, or conduct comprehensive environmental lead |
inspections or environmental lead-hazard reduction activities covered by department regulations |
without having successfully completed a certified training program and without having been |
licensed by the department. Each trained and licensed person shall be issued a photo identity card. |
(d) The department shall, in conjunction with the housing resources commission, develop |
and periodically update lists of all licensed inspectors, contractors, supervisors, workers', and other |
persons who perform environmental lead-hazard reduction in Rhode Island and make those lists |
available to interested parties and the public. |
(e)(1) The department shall enforce the provisions of this section as appropriate and shall |
have all necessary powers for enforcement. |
(2) The department may revoke, suspend, cancel, or deny any license, at any time, in |
accordance with chapter 35 of title 42 if it believes that the terms or conditions of these are being |
violated, or that the holder of, or applicant for, license has violated any regulation of the department |
or any other state law or regulation. Any person aggrieved by a determination by the department to |
issue, deny, revoke, or suspend any license may request an adjudicatory hearing. |
(3) When any person violates the terms or conditions of any license issued under this |
section or any state law or regulation, the director shall have the power by written notice to order |
the violator to cease and desist immediately. The department may file a written complaint with the |
district court in the jurisdiction in which the violation occurred. Punishment by an administrative |
fine pursuant to § 23-24.6-27 may be in addition to the suspension of any license. |
(4) Any state inspector may issue an immediate cease-work order to any person who |
violates the terms or conditions of any license issued under this section, or any provision of this |
chapter, or any regulation or order issued under this chapter, if the violation will endanger or |
materially impair the health or well-being of any occupant, any environmental lead inspector, or |
any contractor, supervisor, worker, or other person engaged in environmental lead-hazard |
reduction. |
(f) Nothing in this section shall be construed to limit the authority of the department of |
health, the department of labor and training, or the department of environmental management under |
the provisions of any other law. |
SECTION 2. Chapter 40-17 of the General Laws entitled "Support of Homeless" is hereby |
repealed in its entirety. |
CHAPTER 40-17 |
Support of Homeless |
40-17-1. Legislative findings. |
The general assembly hereby finds that there exists in this state undetermined numbers of |
homeless persons, many of whom suffer from chronic mental illness and disability, and that this |
condition exists among families and among individuals of all age groups without regard to ethnic |
or racial heritage or sex. The existence of this condition is declared to be detrimental to the health, |
safety, and welfare of the homeless individuals themselves and to the state. |
40-17-2. Agency established. |
(a) There is hereby created a permanent council to be called the "interagency council on |
homelessness" consisting of eighteen (18) members and two (2) ex-officio members: |
(1) One of whom shall be the chief of the office of housing and community development, |
or his or her designee, who shall chair the interagency council on homelessness; |
(2) One of whom shall be the director of the department of administration, or his or her |
designee; |
(3) One of whom shall be the chair of the housing resources commission, or his or her |
designee; |
(4) One of whom shall be the director of the department of human services, or his or her |
designee; |
(5) One of whom shall be the director of the department of health, or his or her designee; |
(6) One of whom shall be the director of the department of children, youth and families, or |
his or her designee; |
(7) One of whom shall be the director of the office of healthy aging, or his or her designee; |
(8) One of whom shall be the director of behavioral healthcare, developmental disabilities |
and hospitals, or his or her designee; |
(9) One of whom shall be director of the department of labor and training, or his or her |
designee; |
(10) One of whom shall be the director of the department of corrections, or his or her |
designee; |
(11) One of whom shall be the commissioner of the department of elementary and |
secondary education, or his or her designee; |
(12) One of whom shall be the director of the Rhode Island housing and mortgage finance |
corporation, or his or her designee; |
(13) One of whom shall be the director of the emergency management agency, or his or |
her designee; |
(14) One of whom shall be a representative from the Rhode Island office of veterans |
services, or his or her designee; |
(15) One of whom shall be the public defender, or his or her designee; |
(16) One of whom shall be the Medicaid director within the department of human services, |
or his or her designee; |
(17) One of whom shall be the secretary of the executive office of health and human |
services, or his or her designee; |
(18) One of whom shall be the lieutenant governor, or his or her designee; |
(19) One of whom shall be an ex-officio member who shall be from the Providence |
Veterans Administration Medical Center who specializes in health care for homeless veterans; and |
(20) One of whom shall be an ex-officio member who shall be the chair, or his or her |
designee, of the interagency council on homelessness advisory council as described in this chapter |
herein. |
(b) Forthwith upon the effective date of this chapter, the members of the commission shall |
meet at the call of the chair and organize. Vacancies in the commission shall be filled in like manner |
as the original appointment. |
(c) The department of administration is hereby directed to provide suitable quarters and |
staff for the commission. |
(d) All departments and agencies of the state shall furnish advice and information, |
documentary, and otherwise to the commission and its agents as is deemed necessary or desirable |
by the commission to facilitate the purposes of this chapter. |
40-17-3. Duties and responsibilities of council. |
The duties and responsibilities of the council shall be: |
(1) To participate in the process of developing a strategic plan to end homelessness aligned |
with the federal strategic plan to end homelessness that will serve to reduce the number of homeless |
individuals and families in Rhode Island; |
(2) To coordinate services for the homeless among state agencies and instrumentalities, |
community-based organizations, faith-based organizations, volunteer organizations, advocacy |
groups, and businesses; |
(3) To coordinate services not specifically for the homeless, but from which the homeless |
may benefit, among state agencies and instrumentalities, community-based organizations, faith- |
based organizations, volunteer organizations, advocacy groups, and businesses; and |
(4) To identify and seek to remedy gaps in services, specifically in the area of making |
provisions for the availability, use, and permanent funding stream for permanent supportive |
housing. |
40-17-4. Meeting and reporting requirements. |
Meeting and reporting requirements are as follows: |
(1) The council shall meet regularly; |
(2) The council, in conjunction with the housing resources commission, shall provide the |
strategic plan and specific recommendations to prevent and end homelessness to the governor, |
senate president, speaker of the house, the senate committee on housing and municipal government, |
and the house corporations committee by February 1, 2012; |
(3) The council shall provide a report on funding available during calendar year 2011 for |
services, facilities, programs, or otherwise for people who are homeless. Said report shall be |
provided to the senate president, speaker of the house, senate fiscal advisor, and house fiscal advisor |
by January 31, 2012; |
(4) The council shall report annually to the governor and the general assembly, no later |
than March 2013, and annually thereafter, on the progress made in achieving the goals and |
objectives set forth in the strategic plan; on the current number of homeless individuals, families, |
and children; and any other pertinent information. |
40-17-5. Advisory council established. |
(a) There is hereby created a permanent advisory council to the interagency council on |
homelessness containing representation of advocates; service providers; members of the veteran |
community, including housing providers and a current or former homeless veteran; current and/or |
former members of the homeless community; as well as representatives specifically affiliated with |
youth homelessness. All new members shall be chosen and approved by majority vote of the |
members present at an official meeting. At no time shall there be less than three (3) representatives |
of the homeless community, current or former. The chair shall be elected by a majority of the |
members. |
(b) The purpose of the council is to inform the interagency council on homelessness on the |
current status and issues facing the homeless throughout Rhode Island. |
SECTION 3. Sections 42-55-4, 42-55-5.4 and 42-55-24.1 of the General Laws in Chapter |
42-55 entitled "Rhode Island Housing and Mortgage Finance Corporation" are hereby amended to |
read as follows: |
42-55-4. Creation of corporation — Composition — Personnel — Compensation. |
(a) There is authorized the creation and establishment of a public corporation of the state, |
having a distinct legal existence from the state and not constituting a department of the state |
government, with the politic and corporate powers as are set forth in this chapter to be known as |
the "Rhode Island housing and mortgage finance corporation" to carry out the provisions of this |
chapter. The corporation is constituted a public instrumentality exercising public and essential |
governmental functions, and the exercise by the corporation of the powers conferred by this chapter |
shall be deemed and held to be the performance of an essential governmental function of the state. |
It is the intent of the general assembly by the passage of this chapter to authorize the incorporation |
of a public corporation and instrumentality and agency of the state for the purpose of carrying on |
the activities authorized by this chapter, and to vest the corporation with all of the powers, authority, |
rights, privileges, and titles that may be necessary to enable it to accomplish these purposes. This |
chapter shall be liberally construed in conformity with the purpose expressed. |
(b) The powers of the corporation shall be vested in seven (7) commissioners consisting of |
the secretary of housing, who shall serve as chair of the corporation, or the secretary's designee; the |
director of administration, or the director's designee; the general treasurer, or the general treasurer's |
designee; the director of business regulation, or the director's designee; and four (4) members to be |
appointed by the governor with the advice and consent of the senate who shall among them be |
experienced in all aspects of housing design, development, finance, management, and state and |
municipal finance. On or before July 1, 1973, the governor shall appoint one member to serve until |
the first day of July, 1974, and until his or herthe member’s successor is appointed and qualified, |
one member to serve until the first day of July, 1975, and until his or herthe member’s successor |
is appointed and qualified, one member to serve until the first day of July, 1976, and until his or |
herthe member’s successor is appointed and qualified, one member to serve until the first day of |
July, 1977, and until his or herthe member’s successor is appointed and qualified. During the |
month of June, 1974, and during the month of June annually thereafter, the governor shall appoint |
a member to succeed the member whose term will then next expire to serve for a term of four (4) |
years commencing on the first day of July then next following and until his or herthe member’s |
successor is appointed and qualified. A vacancy in the office of a commissioner, other than by |
expiration, shall be filled in like manner as an original appointment, but only for the unexpired |
portion of the term. If a vacancy occurs when the senate is not in session, the governor shall appoint |
a person to fill the vacancy, but only until the senate shall next convene and give its advice and |
consent to a new appointment. A member shall be eligible to succeed him or herselfthemself. The |
governor shall designate a member of the corporation to serve as chairperson. Any member of the |
corporation may be removed by the governor for misfeasance, malfeasance, or willful neglect of |
duty. |
(c) The commissioners shall elect from among their number a vice-chairperson annually |
and those other officers as they may determine. Meetings shall be held at the call of the chairperson |
or whenever two (2) commissioners so request. Four (4) commissioners of the corporation shall |
constitute a quorum and any action taken by the corporation under the provisions of this chapter |
may be authorized by resolution approved by a majority but not less than three (3) of the |
commissioners present at any regular or special meeting. No vacancy in the membership of the |
corporation shall impair the right of a quorum to exercise all of the rights and perform all of the |
duties of the corporation. |
(d) Commissioners shall receive no compensation for the performance of their duties, but |
each commissioner shall be reimbursed for the commissioner's reasonable expenses incurred in |
carrying out the commissioner's duties under this chapter. |
(e) Notwithstanding the provisions of any other law, no officer or employee of the state |
shall be deemed to have forfeited or shall forfeit his or hertheir office or employment by reason of |
his or hertheir acceptance of membership of the corporation or his or hertheir service to the |
corporation. |
(f) The commissioners shall employ an executive director who shall also be the secretary |
and who shall administer, manage, and direct the affairs and business of the corporation, subject to |
the policies, control, and direction of the commissioners. The commissioners may employ technical |
experts and other officers, agents, and employees, permanent and temporary, and fix their |
qualifications, duties, and compensation. These employed persons shall not be subject to the |
provisions of the classified service. The commissioners may delegate to one or more of their agents |
or employees those administrative duties they may deem proper. |
(g) The secretary shall keep a record of the proceedings of the corporation and shall be |
custodian of all books, documents, and papers filed with the corporation and of its minute book and |
seal. The secretary, or the secretary's designee, or the designee of the board of commissioners, shall |
have authority to cause to be made copies of all minutes and other records and documents of the |
corporation and to give certificates under the seal of the corporation to the effect that the copies are |
true copies and all persons dealing with the corporation may rely upon the certificates. |
(h) Before entering into his or hertheir duties, each commissioner of the corporation shall |
execute a surety bond in the penal sum of fifty thousand dollars ($50,000) and the executive director |
shall execute a surety bond in the penal sum of one hundred thousand dollars ($100,000) or, in lieu |
of this, the chairperson of the corporation shall execute a blanket bond covering each commissioner, |
the executive director and the employees or other officers of the corporation, each surety bond to |
be conditioned upon the faithful performance of the duties of the office or offices covered, to be |
executed by a surety company authorized to transact business in this state as surety and to be |
approved by the attorney general and filed in the office of the secretary of state. The cost of each |
bond shall be paid by the corporation. |
(i) Notwithstanding any other law to the contrary, it shall not be or constitute a conflict of |
interest for a director, officer, or employee of any financial institution, investment banking firm, |
brokerage firm, commercial bank or trust company, architecture firm, insurance company, or any |
other firm, person, or corporation to serve as a member of the corporation. If any commissioner, |
officer, or employee of the corporation shall be interested either directly or indirectly, or shall be a |
director, officer, or employee of or have an ownership interest in any firm or corporation interested |
directly or indirectly in any contract with the corporation, including any loan to any housing |
sponsor or healthcare sponsor, that interest shall be disclosed to the corporation and shall be set |
forth in the minutes of the corporation and the commissioner, officer, or employee having an |
interest therein shall not participate on behalf of the corporation in the authorization of this contract. |
42-55-5.4. Renewable energy in housing developments. |
On or before July 1, 2009, the corporation shall establish, in appropriate housing |
development programs it administers, criteria for priority consideration of housing development |
proposals which include renewable energy features which are demonstrated to be cost-effective |
and can be implemented in a reasonable period of time. Effective January 1 2026, the executive |
office of housing, in collaboration with the corporation, shall develop criteria. |
42-55-24.1. Allocation of tax credits. |
The corporation shall be the sole and exclusive agent for the allocation of all federal tax |
credits for low-income housing under 26 U.S.C. § 42. The corporation shall have all of the powers |
necessary to effectuate those allocations, including without limitation, the power to adopt rules, |
regulations, and policies regarding those allocations. Notwithstanding the foregoing and any other |
provision of law, effective January 1, 2026, the qualified allocation plan required by 26 U.S.C. § |
42 shall be developed by the executive office of housing in consultation with the corporation. |
SECTION 4. Section 42-55-22.3 of the General Laws in Chapter 42-55 entitled "Rhode |
Island Housing and Mortgage Finance Corporation" is hereby repealed. |
42-55-22.3. Emergency housing assistance. |
The department of human services shall administer the emergency housing assistance |
program in accordance with the Rhode Island housing and mortgage finance corporation rules and |
regulations and contracts with community action program agencies, as those rules and regulations |
may be currently in force and effect. In so far as the board of directors may authorize funds for the |
support of this program, the receipt of those funds shall be deposited as general revenues and |
appropriated to the department of human services for the support of the program. |
SECTION 5. Chapter 42-64.34 of the General Laws entitled "The Department of Housing" |
is hereby repealed in its entirety. |
CHAPTER 42-64.34 |
The Department of Housing |
42-64.34-1. Department established. |
Effective January 1, 2023, there is hereby established within the executive branch of the |
state government a department of housing. The head of the department shall be the secretary of |
housing, who shall be appointed by the governor with the advice and consent of the senate. The |
position of secretary is hereby created in the unclassified service. The secretary shall hold office at |
the pleasure of the governor. Before entering upon the discharge of duties, the secretary shall take |
an oath to faithfully execute the duties of the office. The secretary of housing shall: |
(i) Prior to hiring, have completed and earned a minimum of a master's graduate degree in |
the field of urban planning, economics, or a related field of study or possess a juris doctor law |
degree. Preference shall be provided to candidates having earned an advanced degree consisting of |
an L.L.M. law degree or Ph.D. in urban planning or economics. Qualified candidates must have |
documented five (5) years' full-time experience employed in the administration of housing policy |
and/or development; |
(ii) Be responsible for overseeing all housing initiatives in the state of Rhode Island and |
developing a housing plan, including, but not limited to, the development of affordable housing |
opportunities to assist in building strong community efforts and revitalizing neighborhoods; |
(iii) Coordinate with all agencies directly related to any housing initiatives and participate |
in the promulgation of any regulation having an impact on housing including, but not limited to, |
the Rhode Island housing and mortgage finance corporation, the coastal resources management |
council (CRMC), and state departments including, but not limited to: the department of |
environmental management (DEM), the department of business regulation (DBR), the department |
of transportation (DOT) and statewide planning, and the Rhode Island housing resources |
commission; |
(iv) Coordinate with the housing resources commission to formulate an integrated housing |
report to include findings and recommendations to the governor, speaker of the house, senate |
president, each chamber's finance committee, and any committee whose purview is reasonably |
related to, including, but not limited to, issues of housing, municipal government, and health on or |
before April 15, 2025, and annually thereafter. This report shall include, but not be limited to, the |
following: |
(A) The total number of housing units in the state with per community counts; |
(B) Every three (3) years, beginning in 2026 and contingent upon funding for data |
collection, an assessment of the suitability of existing housing stock in meeting accessibility needs |
of residents; |
(C) The occupancy and vacancy rate of the units referenced in subsection (a)(4)(iv)(A); |
(D) The change in the number of units referenced in subsection (a)(4)(iv)(A), for each of |
the prior three (3) years in figures and as a percentage; |
(E) The number of net new units in development and number of units completed in the |
previous calendar year; |
(F) For each municipality the number of single-family, two-family (2), and three-family |
(3) units, and multi-unit housing delineated sufficiently to provide the lay reader a useful |
description of current conditions, including a statewide sum of each unit type; |
(G) Every three (3) years, beginning in 2026, a projection of the number of units required |
to meet estimated population growth and based upon household formation rates; |
(H) A comparison of regional and other similarly situated state funding sources that support |
housing development including a percentage of private, federal, and public support; |
(I) A reporting of unit types by number of bedrooms for rental properties including an |
accounting of all: |
(I) Single-family units; |
(II) Accessory dwelling units; |
(III) Two-family (2) units; |
(IV) Three-family (3) units; |
(V) Multi-unit sufficiently delineated units; |
(VI) Mixed use sufficiently delineated units; and |
(VII) Occupancy and vacancy rates for the prior three (3) years; |
(J) A reporting of unit types by ownership including an accounting of all: |
(I) Single-family units; |
(II) Accessory dwelling units; |
(III) Two-family (2) units; |
(IV) Three-family (3) units; |
(V) Multi-unit sufficiently delineated units; |
(VI) Mixed use sufficiently delineated units; and |
(VII) Occupancy and vacancy rates for the prior three (3) years; |
(K) A reporting of the number of applications submitted or filed for each community |
according to unit type and an accounting of action taken with respect to each application to include, |
approved, denied, appealed, approved upon appeal, and if approved, the justification for each |
appeal approval; |
(L) A reporting of permits for each community according to affordability level that were |
sought, approved, denied, appealed, approved upon appeal, and if approved, the justification for |
each approval; |
(M) A reporting of affordability that shall include the following: |
(I) The percent and number of units of extremely low-, very low-, low-, moderate-, fair- |
market rate, and above moderate-income; including the average and median costs of those units; |
(II) The percent and number of units of extremely low-, very low-, low-, and moderate- |
income housing units by municipality required to satisfy the ten percent (10%) requirement |
pursuant to chapter 24 of title 45; including the average and median costs of those units; |
(III) The percent and number of units for the affordability levels above moderate-income |
housing, including a comparison to fair-market rent; including the average and median costs of |
those units; |
(IV) The percentage of cost burden by municipality with population equivalent; |
(V) The percentage and number of home financing sources, including all private, federal, |
state, or other public support; |
(VI) The disparities in mortgage loan financing by race and ethnicity based on Home |
Mortgage Disclosure Act data by available geographies; |
(VII) The annual median gross rent growth for each of the previous five (5) years by |
municipality; and |
(VIII) The annual growth in median owner-occupied home values for each of the previous |
five (5) years by municipality; |
(N) A reporting of municipal healthy housing stock by unit type and number of bedrooms |
and providing an assessment of the state's existing housing stock and enumerating any risks to the |
public health from that housing stock, including, but not limited to: the presence of lead, mold, safe |
drinking water, disease vectors (insects and vermin), and other conditions that are an identifiable |
health detriment. Additionally, the report shall provide the percentage of the prevalence of health |
risks by age of the stock for each community by unit type and number of bedrooms; and |
(O) A recommendation shall be included with the report required under this section that |
shall provide consideration to any and all populations, ethnicities, income levels, and other relevant |
demographic criteria determined by the secretary, and with regard to any and all of the criteria |
enumerated elsewhere in the report separately or in combination, provide recommendations to |
resolve any issues that provide an impediment to the development of housing, including specific |
data and evidence in support of the recommendation. All data and methodologies used to present |
evidence are subject to review and approval of the chief of revenue analysis, and that approval shall |
include an attestation of approval by the chief to be included in the report; |
(P) Municipal governments shall provide the department of housing's requested data |
relevant to this report on or before February 15, 2025, and annually thereafter; |
(v) Have direct oversight over the office of housing and community development (OHCD); |
(vi) On or before November 1, 2022, and on or before December 31, 2024, develop a |
housing organizational plan to be provided to the general assembly that includes a review, analysis, |
and assessment of functions related to housing of all state departments, quasi-public agencies, |
boards, and commissions. Provided, further, the secretary, with the input from each department, |
agency, board, and commission, shall include in the plan comprehensive options, including the |
advantages and disadvantages of each option and recommendations relating to the functions and |
structure of the department of housing, including suggested statutory revisions; |
(vii) Establish rules and regulations as set forth in § 45-24-77. |
42-64.34-2. Powers and duties. |
(a) The department of housing shall be the state's lead agency for housing, homelessness, |
and community development in the state of Rhode Island. |
(b) The secretary of housing shall have the following powers and duties: |
(1) All powers and duties pursuant to this chapter; |
(2) To supervise the work of the department of housing and to act as its chief administrative |
officer; |
(3) To coordinate the administration and financing of various departments or offices within |
the department of housing; |
(4) To serve as the governor's chief advisor and liaison to federal policymakers on housing, |
homelessness, and community development as well as the principal point of contact on any such |
related matters; |
(5) To coordinate the housing, homelessness, and community development programs of |
the state of Rhode Island and its departments, agencies, commissions, corporations, and |
subdivisions; |
(6) To employ such personnel and contracts for such consulting services as may be required |
to perform the powers and duties conferred upon the secretary of housing; |
(7) To oversee and direct the administration of funds that may be appropriated from time |
to time to the department of housing; and |
(8) Creation of a written guide for consumers relating to the rights and duties of landlords |
and tenants pursuant to chapter 18 of title 34, which the secretary shall update at minimum on an |
biennial basis. The guide shall be posted on the website of the department of housing and shall be |
published in both English and Spanish. |
(c) In addition to such other powers as may otherwise be delegated elsewhere to the |
department of housing, the department is hereby expressly authorized, by and through the secretary |
of housing: |
(1) To purchase, receive, lease, or otherwise acquire, own, hold, improve, use, and |
otherwise deal in and with, real or personal property, or any interest in real or personal property, |
wherever situated; |
(2) To accept any gifts or grants or loans of funds or property or financial or other aid in |
any form from the federal government or any agency or instrumentality of the federal government, |
or from the state or any agency or instrumentality of the state, or from any other source and to |
comply, subject to the provisions of this chapter, with the terms and conditions of the gifts, grants, |
or loans; |
(3) Subject to the provisions of § 37-2-1 et seq., to negotiate and to enter into contracts, |
agreements, and cooperative agreements with agencies and political subdivisions of the state, not- |
for-profit corporations, for-profit corporations, and other partnerships, associations, and persons |
for any lawful purpose necessary and desirable to effectuate the purposes of the department of |
housing; and |
(4) To carry out this chapter and perform the duties of the general laws and public laws |
insofar as those provisions relate to any regulatory areas within the jurisdiction of the department |
of housing. |
42-64.34-3. Rules and regulations. |
The secretary of housing may promulgate such rules and regulations in accordance with |
the provisions of chapter 35 of this title as are necessary and proper to carry out the duties assigned |
to the secretary or to the department of housing by this title or any other provision of law. |
42-64.34-4. Severability. |
If any provision of this chapter or the application thereof to any person or circumstance is |
held invalid, such invalidity shall not affect other provisions or applications of the chapter; which |
can be given effect without the invalid provision or application, and to this end the provisions of |
this chapter are declared to be severable. |
SECTION 6. Sections 42-128-1, 42-128-2, 42-128-2.1, 42-128-3, 42-128-6, 42-128-7, 42- |
128-8.1, 42-128-11, 42-128-13, 42-128-14 and 42-128-17 of the General Laws in Chapter 42-128 |
entitled "Rhode Island Housing Resources Act of 1998" are hereby amended to read as follows: |
42-128-1. Findings. |
(a) Rhode Island has an older housing stock that contributes invaluably to community |
character, and in order to maintain the stability of neighborhoods and to sustain health communities, |
it is necessary to have programs for housing and community development and revitalization. |
(b) Rhode Island has an active private sector that is engaged in supplying housing. |
(c) Rhode Island has an active nonprofit housing sector, which can, if provided adequate |
support, assist low- and moderate-income persons and works to improve conditions in |
neighborhoods and communities. |
(d) Housing that is not adequately maintained is a source of blight in communities and a |
cause of public health problems. Public health and safety are impaired by poor housing conditions; |
poisoning from lead paint and respiratory disease (asthma) are significant housing-related health |
problems in Rhode Island. |
(e) There is an increasing need for supported living arrangements for the elderly and a |
continuing need for supported living arrangements for persons who are disabled and/or homeless. |
(f) Fair housing, and the potential of unequal treatment of individuals based on race, |
ethnicity, age, disability, and family, must be given continuing attention. |
(g) Housing costs consume a disproportionate share of income for many Rhode Islanders; |
housing affordability is a continuing problem, especially for first-time home buyers and lower and |
moderate income renters; the high cost of housing adversely affects the expansion of Rhode Island's |
economy. Housing affordability and availability affect conditions of homelessness. The high cost |
of housing and the lack of affordable, decent housing for low-income households is a source of |
hardship for very low-income persons and families in Rhode Island. |
(h) The Rhode Island housing and mortgage finance corporation, which has provided more |
than two decades of assistance in addressing issues of both the affordability of home ownership |
and rental housing and the preservation of the housing stock for low and moderate income persons, |
is facing future funding shortfalls and must either increase revenues or reduce programs in order to |
remain viable. |
(i)(h) The federal government has been reducing its commitment to housing since 1981, |
and there is no indication that earlier levels of federal support for housing will be restored. |
(j)(i) Public housing authorities, which rely on federal support that is being reconsidered, |
have been and continue to be an important housing resource for low-income families and the |
elderly. |
(k) Rhode Island, unlike most other states, does not have an agency or department of state |
government with comprehensive responsibility for housing. |
(l)(j) It is necessary and desirable in order to protect that public health and to promote the |
public welfare, to establish a housing resources agency and a housing resources commission an |
executive office of housing and an advisory council on housing and homelessness for the purposes |
of advising the executive office of housing on improving housing conditions, promoting housing |
affordability, engaging in community development activities, preventing and ending homelessness, |
and assisting the urban, suburban, and rural communities of the state. |
42-128-2. Rhode Island housing resources agency created Rhode Island housing |
resources and homelessness restricted receipt account created. |
There is created within the executive department a housing resources agency with the |
following purposes, organization, and powers: |
(1) Purposes. |
(i) To provide coherence to the housing programs of the state of Rhode Island and its |
departments, agencies, commissions, corporations, and subdivisions. |
(ii) To provide for the integration and coordination of the activities of the Rhode Island |
housing and mortgage finance corporation and the Rhode Island housing resources commission. |
(2) Coordinating committee — Created — Purposes and powers. |
(i) The coordinating committee of the housing resources agency shall be comprised of the |
chairperson of the Rhode Island housing and mortgage finance corporation; the chairperson of the |
Rhode Island housing resources commission; the director of the department of administration, or |
the designee of the director; and the executive director of the Rhode Island housing and mortgage |
finance corporation. The chairperson of the Rhode Island housing resources commission shall be |
chairperson of the coordinating committee. |
(ii) The coordinating committee: |
(A) Shall develop and implement, with the approval of the Rhode Island housing and |
mortgage finance corporation and the Rhode Island housing resources commission, a memorandum |
of agreement describing the fiscal and operational relationship between the Rhode Island housing |
and mortgage finance corporation and the Rhode Island housing resources commission and shall |
define which programs of federal assistance will be applied for on behalf of the state by the Rhode |
Island housing and mortgage finance corporation and the Rhode Island housing resources |
commission. |
(B) Is authorized and empowered to negotiate and to enter into contracts and cooperative |
agreements with agencies and political subdivisions of the state, not-for-profit corporations, for- |
profit corporations, and other partnerships, associations, and persons for any lawful purpose |
necessary and desirable to effect the purposes of this chapter, subject to the provisions of chapter 2 |
of title 37 as applicable. |
(3) There is hereby established a restricted receipt account within the general fund of the |
state known as the Housing Resources and Homelessness restricted receipt account. Funds from |
this account shall be administered by the department executive office of housing through the |
housing resources commission until such time as subsection (4) of this section takes effect and shall |
be used to provide for housing and homelessness initiatives including housing production, lead |
hazard abatement, housing rental subsidy, housing retention assistance, and homelessness services |
and prevention assistance with priority to veterans. The executive office of housing will consider |
input from the advisory council on housing and homelessness on the use of the restricted receipt |
funds. |
(4) Effective December 31, 2024, or after fulfillment of the reporting requirements |
established under § 42-64.34-1(vi), whichever is later, the restricted receipt account established |
under subsection (3) of this section shall be administered by the department of housing in |
consultation with the housing resources commission. Funds in this account will be used in |
accordance with the uses established in subsection (3) of this section. |
42-128-2.1. Housing Production Fund. |
(a) There is hereby established a restricted receipt account within the general fund of the |
state, to be known as the housing production fund. Funds from this account shall be administered |
by the Rhode Island housing and mortgage finance corporation, subject to executive office of |
housing. The executive office of housing will adopt program and reporting guidelines, and consider |
the input of the advisory council on housing and homelessness, adopted by the coordinating |
committee of the Rhode Island housing resources commission for housing production initiatives, |
including: |
(1) Financial assistance by loan, grant, or otherwise, for the planning, production, or |
preservation of affordable housing in Rhode Island for households earning not more than eighty |
percent (80%) of area median income; and |
(2) Technical and financial assistance for cities and towns to support increased local |
housing production, including by reducing regulatory barriers and through the housing incentives |
for municipalities program. |
(b) In administering the housing production fund, the Rhode Island housing and mortgage |
finance corporation executive office of housing shall give priority to households either exiting |
homelessness or earning not more than thirty percent (30%) of area median income. |
42-128-3. Rhode Island Housing and Mortgage Finance Corporation. |
The Rhode Island housing and mortgage finance corporation established by chapter 55 of |
this title shall remain an independent corporation and shall serve as the housing finance and |
development division of the Rhode Island housing resources agency entity for the state. |
42-128-6. Commission — Membership and terms — Officers — Expenses — |
Meetings Rhode Island advisory council on housing and homelessness -- Membership and |
terms -- Officers -- Meetings. |
(a) There hereby is created the advisory council on housing and homelessness which shall |
have the powers and duties set forth in this chapter. |
(a)(1)(b) Membership. The commission advisory council on housing and homelessness |
shall have twenty-eight (28) up to twenty (20) members as follows: the directors of the departments |
of administration, business regulation, healthy aging, health, human services, behavioral |
healthcare, developmental disabilities and hospitals, the chairperson of the Rhode Island housing |
and mortgage finance corporation, and the attorney general, shall be ex officio members; the |
president of the Rhode Island Bankers Association, or the designee of the president; the president |
of the Rhode Island Mortgage Banker's Association, or the designee of the president; the president |
of the Rhode Island Realtors Association, or the designee of the president; the executive director |
of the Rhode Island Housing Network; the executive director of the Rhode Island Coalition for the |
Homeless; the president of the Rhode Island Association of Executive Directors for Housing, or |
the designee of the president; the executive director of operation stand down; and thirteen (13) |
members appointed by the governor who have knowledge of, and have a demonstrated interest in, |
housing issues as they affect low- and moderate-income people, appointed by the governor with |
the advice and consent of the senate: one of whom shall be the chairperson, one of whom shall be |
the representative of the homeless; one of whom shall be a representative of a community |
development corporation; one of whom shall be the representative of an agency addressing lead |
poisoning issues; one of whom shall be a local planner; one of whom shall be a local building |
official; one of whom shall be a representative of fair housing interests; one of whom shall be |
representative of an agency advocating the interest of racial minorities; one of whom shall be a |
representative of the Rhode Island Builders Association; one of whom shall be a representative of |
a Rhode Island city or town with a population below twenty-five thousand (25,000) people |
according to data from the United States Census Bureau; one of whom shall be a representative of |
a community development intermediary that provides financing and technical assistance to housing |
nonprofits; one of whom shall be a nonprofit developer; and one of whom shall be a senior housing |
advocate and people experiencing homelessness. The members will collectively represent a broad |
and diverse range of perspectives including, but not limited to, people with lived experience of |
homelessness, tenants, landlords, nonprofit developers, for-profit developers, homelessness |
services providers, public housing authorities, representatives of municipalities, builders, building |
officials, fair housing interests, and community development intermediaries. |
(2)(1) The terms of appointed members shall be three (3) years, except for the original |
appointments, the term of four (4) of whom shall be one year and the term of four (4) of whom |
shall be two (2) years; no. No member may serve more than two (2) successive terms. |
(b)(c) Officers. The governor shall appoint the chairperson of the commission, who shall |
not be an ex officio member, with the advice and consent of the senate council. The commission |
council shall elect annually a vice-chairperson, who shall be empowered to preside at meetings in |
the absence of the chairperson, and a secretary. |
(c)(d) Expenses. The members of the commission shall serve without compensation, but |
shall be reimbursed for their reasonable actual expenses necessarily incurred in the performance of |
their duties. |
(d)(e) Meetings. Meetings of the commission council shall be held upon the call of the |
chairperson, or five (5) members of the commission, or according to a schedule that may be |
annually established by the commission; provided, however, that the commission shall meet at least |
once quarterly at least quarterly, or more frequently upon the request of the secretary of housing. |
A majority of members of the commission council, not including vacancies, shall constitute a |
quorum, and no vacancy in the membership of the commission council shall impair the right of a |
quorum to exercise all the rights and perform all of the duties of the commission council. |
42-128-7. General powers Powers and duties of the advisory council on housing and |
homelessness. |
The commission shall have the following powers, together with all powers incidental to or |
necessary for the performance of those set forth in this chapter: |
(1) To sue and be sued. |
(2) To negotiate and to enter into contracts, agreements, and cooperative agreements with |
agencies and political subdivisions of the state, not-for-profit corporations, for-profit corporations, |
and other partnerships, associations, and persons for any lawful purpose necessary and desirable to |
effect the purposes of this chapter. |
(3) To adopt bylaws and rules for the management of its affairs and for the exercise of its |
powers and duties, and to establish the committees, workgroups, and advisory bodies that from |
time to time may be deemed necessary. |
(4) To receive and accept grants or loans as may be made by the federal government, and |
grants, donations, contributions, and payments from other public and private sources. |
(5) To grant or loan funds to agencies and political subdivisions of the state or to private |
groups to effect the purposes of this chapter; provided that, in each funding round, there must be a |
material award that benefits a Rhode Island city or town with a population below twenty-five |
thousand (25,000) people according to data from the United States Census Bureau. |
(6) To secure the cooperation and assistance of the United States and any of its agencies, |
and of the agencies and political subdivisions of this state in the work of the commission. |
(7) To establish, charge, and collect fees and payments for its services. |
(a) The advisory council on housing and homelessness shall have the power and duty: |
(1) To consider and make recommendations on all matters submitted to the council by the |
executive office of housing, the interagency council on housing production and preservation, or the |
interagency council on homelessness.; |
(2) To advise and make recommendations to the executive office of housing on the |
preparation and promulgation of guidelines, rules and regulations.; |
(3) To advise on the development of state housing and homelessness strategic plans and |
review updates on progress in achieving the goals of the strategic plans.; and |
(4) To assemble subcommittees or task forces, at the request of the secretary of the |
executive office of housing, to review emerging or priority needs and make relevant |
recommendations to the executive office of housing, the interagency council on housing production |
and preservation, or the interagency council on homelessness. |
42-128-8.1. Housing production and rehabilitation. |
(a) Short title. This section shall be known and may be cited as the "Comprehensive |
Housing Production and Rehabilitation Act of 2004." |
(b) Findings. The general assembly finds and declares that: |
(1) The state must maintain a comprehensive housing strategy applicable to all cities and |
towns that addresses the housing needs of different populations including, but not limited to, |
workers and their families who earn less than one hundred twenty percent (120%) of median |
income, older citizens, students attending institutions of higher education, low- and very-low |
income individuals and families, and vulnerable populations including, but not limited to, persons |
with disabilities, homeless individuals and families, and individuals released from correctional |
institutions. |
(2) Efforts and programs to increase the production of housing must be sensitive to the |
distinctive characteristics of cities and towns, neighborhoods, and areas and the need to manage |
growth and to pace and phase development, especially in high-growth areas. |
(3) The state in partnership with local communities must remove barriers to housing |
development and update and maintain zoning and building regulations to facilitate the construction, |
rehabilitation of properties and retrofitting of buildings for use as safe affordable housing. |
(4) Creative funding mechanisms are needed at the local and state levels that provide |
additional resources for housing development, because there is an inadequate amount of federal |
and state subsidies to support the affordable housing needs of Rhode Island's current and projected |
population. |
(5) Innovative community planning tools, including, but not limited to, density bonuses |
and permitted accessory dwelling units, are needed to offset escalating land costs and project |
financing costs that contribute to the overall cost of housing and tend to restrict the development |
and preservation of housing affordable to very-low income, low-income, and moderate-income |
persons. |
(6) The gap between the annual increase in personal income and the annual increase in the |
median sales price of a single-family home is growing, therefore, the construction, rehabilitation |
and maintenance of affordable, multi-family housing needs to increase to provide more rental |
housing options to individuals and families, especially those who are unable to afford |
homeownership of a single-family home. |
(7) The state needs to foster the formation of cooperative partnerships between |
communities and institutions of higher education to significantly increase the amount of residential |
housing options for students. |
(8) The production of housing for older citizens as well as urban populations must keep |
pace with the next twenty-year (20) projected increases in those populations of the state. |
(9) Efforts must be made to balance the needs of Rhode Island residents with the ability of |
the residents of surrounding states to enter into Rhode Island's housing market with much higher |
annual incomes at their disposal. |
(c) Strategic plan. The commission executive office of housing, in conjunction with the |
statewide planning program, shall develop by July 1, 2006 every five (5) years, a five-year (5) |
strategic plan for housing, which plan shall be adopted as an element of the state guide plan, and |
which shall include quantified goals, measurable intermediate steps toward the accomplishment of |
the goals, implementation activities, and standards for the production and/or rehabilitation of year- |
round housing to meet the housing needs including, but not limited to, the following: |
(1) Older Rhode Islanders, including senior citizens, appropriate, affordable housing |
options; |
(2) Workers, housing affordable at their income level; |
(3) Students, dormitory, student housing and other residential options; |
(4) Low-income and very-low income households, rental housing; |
(5) Persons with disabilities, appropriate housing; and |
(6) Vulnerable individuals and families, permanent housing, single-room occupancy units, |
transitional housing and shelters. |
(d) As used in this section and for the purposes of the preparation of affordable housing |
plans as specified in chapter 22.2 of title 45, words and terms shall have the meaning set forth in |
chapter 22.2 of title 45, chapter 53 of title 45, and/or § 42-11-10, unless this section provides a |
different meaning or unless the context indicates a different meaning or intent. |
(1) "Affordable housing" means residential housing that has a sales price or rental amount |
that is within the means of a household that is of moderate income or less. In the case of dwelling |
units for sale, housing that is affordable means housing in which principal, interest, taxes, which |
may be adjusted by state and local programs for property tax relief, and insurance constitute no |
more than thirty percent (30%) of the gross household income for a household with less than one |
hundred and twenty percent (120%) of area median income, adjusted for family size. Provided, |
however, that exclusively for the residents of New Shoreham, their affordable housing eligibility |
standards shall include households whose adjusted gross income is less than one hundred forty |
percent (140%) of their residents' median income, adjusted for family size. In the case of dwelling |
units for rent, housing that is affordable means housing for which the rent, heat, and utilities other |
than telephone constitute no more than thirty percent (30%) of the gross annual household income |
for a household with eighty percent (80%) or less of area median income, adjusted for family size. |
(i) Affordable housing shall include all types of year-round housing, including, but not |
limited to: manufactured housing; housing originally constructed for workers and their families; |
accessory dwelling units; housing accepting utilizing rental vouchers and/or tenant-based |
certificates under Section 8 of the United States Housing Act of 1937, as amended; and assisted |
living housing, where the sales or rental amount of such housing, adjusted for any federal, state, or |
municipal government subsidy, is less than or equal to thirty percent (30%) of the gross household |
income of the low and/or moderate income occupants of the housing. |
(ii) Mobile and manufactured homes shall be included as affordable housing if such home |
constitutes a primary residence of the occupant or occupants; and such home is located within a |
community owned by the residents or the land containing the home is owned by the occupant or |
occupants; and such home was constructed after June 15, 1976; and such home complies with the |
Manufactured Home Construction and Safety Standards of the United States Department of |
Housing and Urban Development. |
(iii) In that New Shoreham has reached its ten percent (10%) low- and moderate-income |
housing goal, and for so long as they maintain at least ten percent (10%) of their year-round housing |
stock as low- and moderate-income housing as defined in § 45-53-3(5)(ii), and inasmuch as there |
are provable economic impacts related to the municipalities' substantial offshore location, |
residential housing units produced for sale in which principal, interest, taxes, which may be |
adjusted by state and local programs for property tax relief, and insurance constitute no more than |
thirty percent (30%) of the gross household income for a household with less than one hundred |
forty percent (140%) of the area median income, adjusted for family size, shall be counted towards |
the municipalities' low- and moderate-income housing inventory as defined in § 45-53-3(9). |
(2) "Affordable housing plan" means a plan prepared and adopted by a town or city either |
to meet the requirements of chapter 53 of title 45 or to meet the requirements of § 45-22.2-10(f), |
which require that comprehensive plans and the elements thereof be revised to conform with |
amendments to the state guide plan. |
(3) "Approved affordable housing plan" means an affordable housing plan that has been |
reviewed and approved in accordance with § 45-22.2-9. |
(4) "Moderate-income household" means a single person, family, or unrelated persons |
living together whose adjusted gross income is more than eighty percent (80%) but less than one |
hundred twenty percent (120%) of the area median income, adjusted for family size. |
(5) "Seasonal housing" means housing that is intended to be occupied during limited |
portions of the year. |
(6) "Year-round housing" means housing that is intended to be occupied by people as their |
usual residence and/or vacant units that are intended by their owner for occupancy at all times of |
the year; occupied rooms or suites of rooms in hotels are year-round housing only when occupied |
by permanent residents as their usual place of residence. |
(e) The strategic plan shall be updated and/or amended as necessary, but not less than once |
every five (5) years. |
(f) Upon the adoption of the strategic plan as an element of the state guide plan, towns and |
cities shall bring their comprehensive plans into conformity with its requirements, in accordance |
with the timetable set forth in § 45-22.2-10(f); provided, however, that any town that has adopted |
an affordable housing plan in order to comply with the provisions of chapter 53 of title 45, which |
has been approved for consistency pursuant to § 45-22.2-9, shall be deemed to satisfy the |
requirements of the strategic plan for low- and moderate-income housing until such time as the |
town must complete its next required comprehensive community plan update. |
(g) Guidelines. The commission executive office of housing shall advise the state planning |
council and the state planning council, with the approval of the secretary of housing, shall |
promulgate and adopt not later no less than July 1, 2006 every five (5) years, guidelines for higher |
density development, including, but not limited to: (1) Inclusionary zoning provisions for low- and |
moderate-income housing with appropriate density bonuses and other subsidies that make the |
development financially feasible; and (2) Mixed-use development that includes residential |
development, which guidelines shall take into account infrastructure availability; soil type and land |
capacity; environmental protection; water supply protection; and agricultural, open space, historical |
preservation, and community development pattern constraints. |
(h) The statewide planning program shall maintain a geographic information system map |
that identifies, to the extent feasible, areas throughout the state suitable for higher density |
residential development consistent with the guidelines adopted pursuant to subsection (g). |
42-128-11. Executive director — Employees Administrative support. |
The governor shall appoint from qualified candidates, with the advice of the coordinating |
committee, an executive director, who shall not be subject to the provisions of chapter 4 of title 36, |
and who shall serve as the state housing commissioner and may also serve in the executive office |
of commerce as the deputy secretary of housing. The commission shall also cause to be employed |
staff and technical and professional consultants as may be required to carry out the powers and |
duties set forth in this chapter. All staff, including the executive director, may be secured through |
a memorandum of agreement with the Rhode Island housing and mortgage finance corporation, or |
any other agency or political subdivision of the state with the approval of the relevant agency or |
political subdivision, as provided for in § 42-128-2(2)(ii). Any person who is in the civil service |
and is transferred to the commission may retain civil service status executive office of housing shall |
provide administrative support and staffing for the advisory council on housing and homelessness |
to carry out its responsibilities. |
42-128-13. Open meetings law. |
The housing resources agency, the coordinating committee, and the housing resources |
commission advisory council on housing and homelessness and any committee, council, or |
advisory body created by the commission council shall conform to the provisions of chapter 46 of |
this title. |
42-128-14. Public records law. |
The housing resources agency, the coordinating committee, and the housing resources |
commission advisory council on housing homelessness and any committee, council, or advisory |
body created by the commission council shall conform to the provisions of chapter 2 of title 38. |
42-128-17. Severability and liberal construction. |
If any provision of this chapter or the application of any provision to any person or |
circumstance is held invalid, the invalidity shall not affect other provisions or applications of the |
chapter, which can be given effect without the invalid provision or application, and to this end the |
provisions of this chapter are declared to be severable. The provisions of this chapter shall be |
construed liberally in order to accomplish the purposes of the chapter, and where any specific power |
is given to the commission executive office of housing or the advisory council on housing and |
homelessness, the statement shall not be deemed to exclude or impair any power otherwise in this |
chapter conferred upon the commission executive office of housing or the advisory council on |
housing and homelessness. |
SECTION 7. Sections 42-128-4, 42-128-5, 42-128-8, 42-128-9, 42-128-10, 42-128-12, 42- |
128-15 and 42-128-16 of the General Laws in Chapter 42-128 entitled "Rhode Island Housing |
Resources Act of 1998" are hereby repealed. |
42-128-4. Rhode Island housing resources commission. |
The Rhode Island housing resources commission shall be an agency within the executive |
department with responsibility for developing plans, policies, standards, and programs and |
providing technical assistance for housing. |
42-128-5. Purposes. |
The purposes of the commission shall be: |
(1) To develop and promulgate state policies, and plans, for housing and housing |
production and performance measures for housing programs established pursuant to state law. |
(2) To coordinate activities among state agencies and political subdivisions pertaining to |
housing. |
(3) To promote the stability of and quality of life in communities and neighborhoods. |
(4) To provide opportunities for safe, sanitary, decent, adequate, and affordable housing in |
Rhode Island. |
(5) To encourage public-private partnerships that foster the production, rehabilitation, |
development, maintenance, and improvement of housing and housing conditions, especially for |
low and moderate income people. |
(6) To foster and support nonprofit organizations, including community development |
corporations, and their associations and intermediaries, that are engaged in providing housing- |
related services. |
(7) To encourage and support partnerships between institutions of higher education and |
neighborhoods to develop and retain quality, healthy housing and sustainable communities. |
(8) To facilitate private for-profit production and rehabilitation of housing for diverse |
populations and income groups. |
(9) To provide, facilitate, and/or support the provisions of technical assistance. |
42-128-8. Powers and duties. |
In order to provide housing opportunities for all Rhode Islanders, to maintain the quality |
of housing in Rhode Island, and to coordinate and make effective the housing responsibilities of |
the agencies and subdivisions of the state, the commission shall have the following powers and |
duties: |
(1) Policy, planning, and coordination of state housing functions. The commission shall |
have the power and duty: |
(i) To prepare and adopt the state's plans for housing; provided, however, that this provision |
shall not be interpreted to contravene the prerogative of the state planning council to adopt a state |
guide plan for housing. |
(ii) To prepare, adopt, and issue the state's housing policy. |
(iii) To conduct research on and make reports regarding housing issues in the state. |
(iv) To advise the governor and general assembly on housing issues and to coordinate |
housing activities among government agencies and agencies created by state law or providing |
housing services under government programs. |
(2) Establish, implement, and monitor state performance measures and guidelines for |
housing programs. The commission shall have the power and the duty: |
(i) To promulgate performance measures and guidelines for housing programs conducted |
under state law. |
(ii) To monitor and evaluate housing responsibilities established by state law, and to |
establish a process for annual reporting on the outcomes of the programs and investments of the |
state in housing for low- and moderate-income people. |
(iii) To hear and resolve disputes pertaining to housing issues. |
(3) Administer the programs pertaining to housing resources that may be assigned by state |
law. The commission shall have the power and duty to administer programs for housing, housing |
services, and community development, including, but not limited to, programs pertaining to: |
(i) Abandoned properties and the remediation of blighting conditions. |
(ii) Lead abatement and to manage a lead hazard abatement program in cooperation with |
the Rhode Island housing and mortgage finance corporation. |
(iii) Services for the homeless. |
(iv) Rental assistance. |
(v) Community development. |
(vi) Outreach, education and technical assistance services. |
(vii) Assistance, including financial support, to nonprofit organizations and community |
development corporations. |
(viii) Tax credits that assist in the provision of housing or foster community development |
or that result in support to nonprofit organizations performing functions to accomplish the purposes |
of this chapter. |
(ix) The Supportive Services Program, the purpose of which is to help prevent and end |
homelessness among those who have experienced long-term homelessness and for whom certain |
services in addition to housing are essential. State funding for this program may leverage other |
resources for the purpose of providing supportive services. Services provided pursuant to this |
subsection may include, but not be limited to: assistance with budgeting and paying rent; access to |
employment; encouraging tenant involvement in facility management and policies; medication |
monitoring and management; daily living skills related to food, housekeeping, and socialization; |
counseling to support self-identified goals; referrals to mainstream health, mental health, and |
treatment programs; and conflict resolution. |
In the administration of the programs in this subsection, the commission shall award, in |
each funding round, a material award that benefits a Rhode Island city or town with a population |
below twenty-five thousand (25,000) people according to data from the United States Census |
Bureau. |
42-128-9. Offices within the commission. |
There shall be, as a minimum, the following offices within the commission: the office of |
policy and planning, the office of housing program performance and evaluation, the office of |
homelessness services and emergency assistance, and the office of community development, |
programs and technical assistance. The commission may establish by rule such other offices, |
operating entities, and committees as it may deem appropriate. |
42-128-10. Appropriations. |
The general assembly shall annually appropriate any sums it may deem necessary to enable |
the commission to carry out its assigned purposes; and the state controller is authorized and directed |
to draw his or her orders upon the general treasurer for the payment of any sums appropriated or so |
much as may be from time to time required, upon receipt by him or her of proper vouchers approved |
by the chairperson or the executive director. |
42-128-12. Coordination with other state agencies. |
State agencies, departments, authorities, corporations, boards, commissions, and political |
subdivisions shall cooperate with the commission in the conduct of its activities, and specifically: |
the Rhode Island historical preservation and heritage commission shall advise the commission on |
issues of historical preservation standards as they pertain to housing and the use of historical |
preservation programs to improve housing and to enhance community character; the statewide |
planning program, created pursuant to § 42-11-10, shall advise the commission on issues of |
planning in general and land use controls and shall revise the state guide plan, as necessary, to |
achieve consistency with official state plans and policies for housing adopted by the commission, |
and the department of business regulation shall advise the commission on issues of business |
regulation affecting housing, shall review its regulations and practices to determine any |
amendments, changes, or additions that might be appropriate to advance the purposes of this |
chapter, and shall designate an official within the department to serve as liaison to, and the contact |
person for, the commission on issues related to housing. |
42-128-15. Administrative procedures act. |
The commission may adopt any rules, including measurable standards, in accordance with |
the provisions of chapter 35 of this title that may be necessary to the purposes of this chapter. |
42-128-16. Annual report. |
The commission shall submit for each calendar year by March 1 of the next year a report |
to the governor and the general assembly on its activities and its findings and recommendations |
regarding housing issues, which report by census tract, shall include the number and dollar amount |
of its programs and an assessment of health-related housing issues, including the incidence of lead |
poisoning. |
SECTION 8. Sections 42-128.1-4, 42-128.1-5, 42-128.1-6, 42-128.1-7, 42-128.1-8, 42- |
128.1-9 and 42-128.1-13 of the General Laws in Chapter 42-128.1 entitled "Lead Hazard |
Mitigation" are hereby amended to read as follows: |
42-128.1-4. Definitions. |
The following definitions shall apply in the interpretation and enforcement of this chapter: |
(1) "At-risk occupant" means a person under six (6) years of age, or a pregnant woman, |
who has been a legal inhabitant in a dwelling unit for at least thirty (30) days; provided, however, |
that a guest of any age shall not be considered an occupant for the purposes of this chapter. |
(2) "Designated person" means either: (i) A property owner, or the agent of the property |
owner, who has completed a housing resources commission department of health approved |
awareness seminar on lead hazards and their control; or (ii) A person trained and certified as either |
a lead hazard mitigation inspector, an environmental lead inspector, or a lead hazard inspection |
technician. |
(3) "Dwelling" or "dwelling unit" means an enclosed space used for living and sleeping by |
human occupants as a place of residence, including, but not limited to: a house, an apartment, or |
condominium, but, for the purpose of this chapter, shall not include hotels or "temporary housing." |
(4) "Elderly housing" means a federal, state, or local program that is specifically designed |
and operated to assist elderly persons, sixty-two (62) years of age, or older, as set forth in a |
regulatory agreement or zoning ordinance. |
(5) "Environmental lead-poisoning level" means a confirmed, venous blood lead level as |
defined pursuant to § 23-24.6-4. |
(6) "Lead abated" means a dwelling and premises that are lead free or lead safe, as those |
terms are defined in chapter 24.6 of title 23. |
(7) "Lead free" means that a dwelling, dwelling unit, or premises contains no lead, or |
contains lead in amounts less than the maximum-acceptable environmental lead levels established |
by regulation by the Rhode Island department of health. |
(8) "Lead hazard mitigation compliance" means an independent clearance inspection and |
certificate, as specified in this subsection (8), undertaken to determine whether the lead hazard |
mitigation measures have been completed. Said inspection shall be valid for two (2) years, or until |
the next turnover of the dwelling unit, whichever period is longer. The requirements for a clearance |
review inspection shall be met either by an independent clearance inspection or a visual inspection |
as set forth in this subsection (8): |
(i) An "independent clearance inspection" means an inspection performed by a person who |
is not the property owner or an employee of the property owner and who is authorized by the |
housing resources commission department of health to conduct independent clearance inspections, |
which shall include: (A) A visual inspection to determine that the lead hazard controls have been |
met,; and (B) Dust testing in accordance with rules established by the department of health and |
consistent with federal standards. A certificate of conformance shall be issued by the person who |
conducted the inspection on the passage of the visual inspection and the required dust testing. An |
independent clearance inspection shall be required at unit turnover or once in a twenty-four-month |
(24) period, whichever period is the longer. If the tenancy of an occupant is two (2) years or greater, |
the certificate of conformance shall be maintained by a visual inspection as set forth in subsection |
(8)(ii) of this section. |
(ii) A "visual inspection" means a visual inspection by a property owner or designated |
person to determine that the lead hazard controls have been met. If the designated person concluded |
that the lead hazard controls specified in this chapter have been met, the designated person may |
complete an Affidavit of Completion of Visual Inspection. The affidavit shall be valid upon its |
being notarized within thirty (30) days after the completion of the visual inspection and shall set |
forth: |
(A) The date and location that the designated person took the lead-hazard-control |
awareness seminar; |
(B) The date and findings of the lead hazard evaluation; |
(C) The date and description of the lead hazard control measures undertaken; |
(D) The date of the visual inspection; and |
(E) The name and signature of the designated person and date of the Affidavit of |
Completion of Visual Inspection. |
An Affidavit of Completion of Visual Inspection shall be valid for two (2) years after the |
date it was notarized, or until unit turnover, whichever time period is the longer, and shall be kept |
by the property owner for a minimum of five (5) years. |
(iii) Presumptive compliance. A property owner of ten (10) or more dwelling units shall be |
eligible to obtain a certificate of presumptive compliance from the housing resources commission |
department of health provided that the following conditions are met: (A) The dwelling units were |
constructed after 1960 or after 1950 on federally owned or leased lands; (B) There are no major, |
outstanding minimum-housing violations on the premises; (C) The property owner has no history |
of repeated lead poisonings; and (D) Independent clearance inspections have been conducted on at |
least five percent (5%) of the dwelling units, not less than two (2) dwelling units and at least ninety |
percent (90%) of the independent clearance inspections were passed. "Repeated lead poisoning," |
for purposes of this paragraph, shall mean a lead poisoning rate of less than one-half percent (.5%) |
per dwelling-unit year, with dwelling-unit years being calculated by multiplying the number of |
dwelling units owned by the property owner by the number of years of ownership since 1992. Major |
minimum housing violations shall be defined by rule by the housing resources commission |
department of health. The housing resources commission department of health shall not arbitrarily |
withhold its approval of applications for presumptive compliance. A certificate of presumptive |
compliance shall be deemed to be satisfactory for purposes of demonstrating compliance with the |
requirements of this chapter. If a unit qualifies for a presumptive compliance certificate, by itself |
having passed an independent clearance inspection at least once, that unit's compliance may be |
maintained by a visual inspection as set forth in this chapter. |
(9) "Lead hazard mitigation inspector" means either a person approved by the housing |
resources commission department of health to perform independent clearance inspections under |
this chapter or inspections required by 24 C.F.R., Part 35, Subpart M [24 C.F.R. § 35.1200 et seq.], |
or approved by the department of health to conduct inspections pursuant to chapter 24.6 of title 23. |
Lead hazard mitigation inspectors performing independent clearance inspections shall not |
have any interest, financial or otherwise, direct or indirect, or engage in any business or |
employment with regards to: |
(i) The dwelling unit that is the subject of an independent clearance inspection; or |
(ii) The contractor performing lead hazard control work in the dwelling unit; or |
(iii) The laboratory that is used to analyze environmental lead samples for the independent |
clearance inspection unless the lead hazard mitigation inspector discloses the inspector's |
relationship with the laboratory to the person requesting the inspection and on the inspection report. |
Employees of public agencies and quasi-public agencies that hold a financial interest in the |
property may perform independent clearance inspections. |
(10) "Lead hazard mitigation standards" means standards adopted by the housing resources |
commission department of health for a dwelling unit and associated common areas that provide |
for: |
(i) A continuing and ongoing responsibility for lead hazard control that includes: (A) |
Repair of deteriorated paint; (B) Correction of dust-generating conditions, such as friction or impact |
areas; (C) Provision of cleanable surfaces to eliminate harmful dust loading; (D) Correction of soil |
lead hazards; (E) Safe work practices; |
(ii) At unit turnover: (A) The provision of information on lead hazards and their avoidance |
and control to tenants; (B) Documentation of lead hazard mitigation compliance; (C) An explicit |
process for notification by tenants to property owners of instances of deterioration in conditions |
effecting lead hazards; and |
(iii) Maintenance of "lead hazard control." "Lead hazard control" means those portions of |
the lead hazard mitigation standard pertaining to repair of deteriorating paint; correction of dust- |
generating conditions; provision of cleanable surfaces; and correction of soil lead hazards that can |
be identified by visual inspection as provided for in subsection (8)(ii) or through inspections |
conducted in accordance with chapter 24.2 of title 45, "Minimum Housing Standards," and chapter |
24.3 of title 45, "Housing Maintenance and Occupancy Code." |
(11) "Lead poisoned" means a confirmed venous blood lead level established by the |
department of health pursuant to § 23-24.6-4(3). |
(12) "Lead safe" means that a dwelling, dwelling unit, or premises has undergone |
sufficient, lead-hazard reduction to ensure that no significant, environment lead hazard is present |
and includes, but is not limited to, covering and encapsulation and is evidenced by a lead-safe |
certificate issued by the department of health. |
(13) "Property owner" means any person who, alone or jointly or severally with others: |
(i) Shall have legal title to any dwelling, dwelling unit, or structure, with or without |
accompanying actual possession of it; or |
(ii) Shall have charge, care, or control of any dwelling, dwelling unit, or structure as owner |
or agent of the owner, or an executor, administrator, trustee, or guardian of the estate of the owner. |
Any person representing the actual owner shall be bound to comply with the provisions of this |
chapter, and of rules and regulations adopted pursuant to this chapter, to the same extent as if that |
person were the owner. |
(iii) Notwithstanding the foregoing, no holder of a mortgage or other lien holder who, in |
enforcing a security interest, acquires title by foreclosure or deed in lieu of foreclosure shall be |
considered a property owner for purposes of this chapter, if the holder transfers the title within one |
year after the date the title is acquired; provided, however, if the mortgagee or lien holder, |
subsequent to acquiring title, is notified of a lead hazard under chapter 24.6 of title 23 or § 42- |
128.1-8(a)(5), then and in that event, the mortgagee or lien holder shall take any steps to reduce the |
lead hazard that shall be required under the provisions of chapter 24.6 of title 23 or this chapter, as |
applicable. |
(14) "Temporary housing" means any seasonal place of residence that is rented for no more |
than one hundred (100) days per calendar year to the same tenant, where no lease renewal or |
extension can occur, and any emergency shelter intended for night-to-night accommodation. |
(15) "Tenant turnover" means the time at which all existing occupants vacate a unit and all |
new occupants move into the unit. |
42-128.1-5. Housing resources commission — Powers and duties with respect to lead |
hazard mitigation Department of health -- Powers and duties with respect to lead hazard |
mitigation. |
(a) General powers and duties. The housing resources commission department of health |
shall implement and put into full force and effect the powers, duties, and responsibilities assigned |
to it by this chapter, and shall serve as the lead state agency for lead hazard mitigation, planning, |
education, technical assistance, and coordination of state projects and state financial assistance to |
property owners for lead hazard mitigation. |
(b) Regulatory guidelines. In developing and promulgating rules and regulations as |
provided for in this chapter, the housing resources commission department of health shall consider, |
among other things: (1) theThe effect on efforts to reduce the incidence of lead poisoning,; (2) |
theThe ease and cost of implementation,; (3) theThe impact on the ability to conduct real estate |
transactions fairly and expeditiously,; (4) consistencyConsistency with federal standards, such that |
the differences between basic federal standards and Rhode Island standards for lead hazard |
mitigation are, to the extent practicable, minimized,; and (5) theThe direction of effort to locations |
and housing types, which due to age, condition, and prior history of lead poisoning are more likely |
to be the location of lead poisoning. Said regulations shall include a definition of "turnover" of a |
dwelling unit and a means for tenants to voluntarily notify property owners of the legal tenancy of |
an "at-risk" occupant. |
(c) Comprehensive strategic plan. In order to establish clear goals for increasing the |
availability of housing in which lead hazards have been mitigated, to provide performance |
measures by which to assess progress toward achieving the purposes of this chapter, and to facilitate |
coordination among state agencies and political subdivisions with responsibilities for housing and |
housing quality for lead poisoning reduction and for the availability of insurance coverage |
described in this chapter, the housing resources commission established by chapter 128 of this title |
shall adopt by April 1, 2003, a four-year (4), comprehensive strategic plan for reducing the |
incidence of childhood lead poisoning, for increasing the supply of lead-safe housing, and for |
assuring that pre-1978 in rental housing throughout the state lead hazards have been mitigated. |
Effective July 1, 2025, the department of health will assume responsibility for the comprehensive |
strategic plan. |
(1) Plan elements. The plan as a minimum shall include elements pertaining to: |
(i) Educating people with regard to lead hazards and how they can be avoided, mitigated, |
and/or abated; |
(ii) Programs to assist low- and moderate-income owners of property to eliminate lead |
hazards and to achieve lead-safe conditions; |
(iii) Coordination of the enforcement of laws pertaining to lead hazard control, mitigation, |
and abatement including the Lead Poisoning Prevention Act, chapter 24.6 of title 23, and minimum |
housing codes and standards; |
(iv) Coordination of efforts with local governments and other agencies to improve housing |
conditions; |
(v) Financing lead abatement efforts in Rhode Island, including, but not limited to, |
assistance to low- and moderate-income property owners, education and outreach, and enforcement |
by state and local officials; and |
(vi) An assessment of the availability of insurance for lead hazard liability, which shall be |
designed and implemented in cooperation with the department of business regulation. |
(2) Implementation program. The comprehensive strategic plan shall include an |
implementation program, which shall include performance measurers and a program of specific |
activities that are proposed to be undertaken to accomplish the purposes of this chapter and to |
achieve goals and elements set forth by the plan. The implementation program shall be updated |
annually according to a schedule set forth in the plan. |
(3) Reporting. The commission department of health shall report annually to the governor |
and the general assembly, no later than March of each year, on the progress made in achieving the |
goals and objectives set forth in the plan, which report may be integrated with or issued in |
conjunction with the report of the council on environmental lead submitted pursuant to § 23-24.6- |
6. |
42-128.1-6. Education. |
(a) In order to achieve the purposes of this chapter, a statewide, multifaceted, ongoing |
educational program designed to meet the needs of tenants, property owners, realtors and real estate |
agents, insurers and insurance agents, local building officials, and health providers and caregivers |
is hereby established. |
(b) The governor, in conjunction with the department of health and the housing resources |
commission, shall sponsor a series of public service announcements on radio, television, and print |
media about the nature of lead hazards, the importance of lead hazard control and mitigation, and |
the purposes and responsibilities set forth in this chapter. In developing and coordinating this public |
information initiative the sponsors shall seek the participation and involvement of private industry |
organizations, including those involved in real estate, insurance, mortgage banking, and pediatrics. |
(c) Within sixty (60) days after the regulations set forth in § 42-128.1-7 for lead hazard |
control and mitigation go into effect, the housing resources commission in conjunction with the |
The department of health shall: |
(1) Create culturally and linguistically appropriate material outlining the rights and |
responsibilities of parties affected by this chapter; |
(2) Establish guidelines and a trainer's manual for a not more than three (3) hours lead |
hazard control awareness seminar for rental property owners or designated persons, which shall be |
forwarded to all public and private colleges and universities in Rhode Island, to other professional |
training facilities, and to professional associations and community organizations with a training |
capacity, with the stipulation this seminar be offered for a maximum fee of fifty dollars ($50.00) |
per participant. The housing resources commission department of health shall approve the |
proposals to offer the seminar from institutions, provided those proposals are consistent with the |
guidelines. An electronic version of this awareness seminar shall be created and approved by the |
housing resources commission department of health for computer internet access. Said awareness |
seminar shall also be produced and made available in both VHS and DVD format for rental or |
purchase at a reasonable cost not to exceed five dollars ($5.00) for the rental version and fifteen |
dollars ($15.00) for the purchased version. Said seminar shall be available to tenants, property |
owners, and other interested parties. |
(3) Adopt rules for the dissemination of information about the requirements of this chapter |
to all prospective owners of pre-1978 dwellings during the real estate transaction, settlement, or |
closing; |
(4) Solicit requests, to the extent that these partnerships are not already established, to enter |
into ongoing, funded partnerships, to provide specific counseling information services to tenants |
and affected parties on their rights and responsibilities with regard to lead hazards and lead |
poisoning. |
(d) The department of business regulation shall, with regard to its responsibilities for the |
profession of real estate brokers and salespersons, adopt rules, with the concurrence of the housing |
resources commission and the department of health which shall be effective not later than June 30, |
2004: (1) requiringRequiring proof of reasonable familiarity with the knowledge of duties and |
responsibilities under the provisions of the Lead Poisoning Prevention Act, chapter 24.6 of title 23, |
and this chapter, for the licensure or renewal of licenses of real estate brokers and salespersons in |
accordance with § 5-20.5-6 after July 1, 2004; and (2) providingProviding, pursuant to § 5-20.5- |
18, an educational program for real estate brokers and salespersons regarding such duties and |
responsibilities. |
(e) The housing resources commission, in conjunction with the department of health, |
department of health is hereby authorized to develop, offer, engage in, contract for, and/or provide |
any other educational or informational programs that they may deem necessary to accomplish the |
purposes of this chapter, including, but not limited to: programs to assist families to find housing |
that is lead free, lead safe, or lead hazard mitigated or abated; and to train lead hazard mitigation |
inspectors and local building officials and persons engaged in renovating and/or improving housing |
about controlling or mitigating lead hazards in pre-1978 housing. Said programs shall provide |
information about lead hazard mitigation requirements at retail hardware and paint stores and |
home-improvement centers, including, as a minimum, signs of sufficient size with large enough |
lettering to be easily seen and read, which contains the following language: |
WARNING |
Use of abrasive material (sandpaper, steel wool, drill disks and pads, etc.) in your home to |
remove paint may increase the risk of childhood lead poisoning. For more information please |
contact the Rhode Island housing resources commission or department of health. |
42-128.1-7. Lead hazard mitigation rules. |
The housing resources commission shall adopt, no later than April 1, 2003, rules: |
(1) For housing constructed prior to 1978, which require property owners to certify at the |
time of transfer that the dwelling and/or premises meet the requirements for lead hazard mitigation |
or lead hazard abatement, or that the party or parties acquiring the property are notified of the |
potential lead hazards, and at the time of rental of units that the requirements for meeting the |
appropriate standards have been met; |
(2) For a lead hazard mitigation standard; |
(3) For any training, certification, or licensing necessary to carry out the provisions of this |
chapter; |
(4) For a process to receive, investigate, and decide whether the correction of a lead hazard, |
pursuant to § 42-128.1-8(a)(3) and (d) was satisfactory. These rules shall establish an expeditious |
procedure to determine whether the allegation of unsatisfactory correction has merit. The process |
may be integrated with or make use of the technical assistance service provided for in § 42-128.1- |
13; and |
(5) For a process to grant a variance to § 42-128.1-8(a)(3), (a)(5), and (b), where there |
exists a hardship as to financing lead hazard mitigation, or where materials, personnel, or weather |
delays the mitigation completion; and |
(6) Effective July 1, 2025, the department of health will assume responsibility for § 42- |
128.1-7. The rules promulgated pursuant to this section shall remain in full force and effect and |
shall be enforced by the department of health until such time as the rules are properly transferred |
to the department of health's title within the Rhode Island code of regulations. |
42-128.1-8. Duties of property owners of pre-1978 rental dwellings. |
(a) Property owners of pre-1978 rental dwellings, which have not been made lead safe or |
have not been lead hazard abated shall comply with all the following requirements: |
(1) Learn about lead hazards by taking a lead hazard awareness seminar, himself or |
herselfthemself or through a designated person; |
(2) Evaluate the dwelling unit and premises for lead hazards consistent with the |
requirements for a lead hazard control evaluation; |
(3) Correct identified lead hazards by meeting and maintaining the lead hazard mitigation |
standard; |
(4) Provide tenants: (i) Basic information about lead hazard control; (ii) A copy of the |
independent clearance inspection; and (iii) Information about how to give notice of deteriorating |
conditions; and |
(5) Correct lead hazards within thirty (30) days after notification from the tenant of a |
dwelling unit with an at-risk occupant, or as provided for by § 34-18-22. |
(b) New property owners of a pre-1978 rental dwelling that is occupied by an at-risk |
occupant shall have up to sixty (60) days to meet requirements for lead hazard mitigation, if those |
requirements were not met by the previous owner at the time of transfer, provided that the new |
property owner has the property visually inspected within thirty (30) business days after assuming |
ownership to determine conformity with the lead hazard control standard. |
(c) The requirements for lead hazard mitigation shall apply to the first change in ownership |
or tenancy after November 1, 2005; provided further, that unless requested and agreed to by an at- |
risk occupant, meeting the lead hazard mitigation standard shall not be construed to authorize a |
property owner to compel or cause a person, who is in tenancy on January 1, 2004, and remains in |
tenancy continuously thereafter, to vacate a rental unit temporarily or otherwise. |
(d) If the tenant receives no response to the notification to the property owner of |
deteriorating conditions affecting lead hazards, if the response is in the tenant's opinion |
unsatisfactory, or if the remedy performed is in the tenant's opinion unsatisfactory, the tenant may |
request a review of the matter by the housing resources commission department of health. After its |
review of the matter, the housing resources commission department of health shall either send |
notice to the property owner in which notice shall be issued in a manner substantially similar to a |
notice of violation issued by the director pursuant to the Housing Maintenance Code, chapter 24.3 |
of title 45, or promptly inform the tenant of the reasons why the notice is not being issued. |
(e) Notwithstanding the foregoing, the provisions of this chapter shall not apply to common |
areas in condominium complexes that are owned and operated by condominium associations, or to |
pre-1978 rental dwelling units that are: |
(1) Lead-safe or lead free; |
(2) Temporary housing; or |
(3) Elderly housing. |
(4) [Deleted by P.L. 2023, ch. 103, § 1 and P.L. 2023, ch. 104, § 1.] |
(f) The department of health shall report to the legislature annually on the number of |
children who are lead poisoned in any of the exempted dwelling units as referred to in subsection |
(e) of this section. |
(g) Nothing contained herein shall be construed to prevent an owner who is seeking to |
obtain lead liability insurance coverage in the policy from complying with the provisions of this |
chapter, by securing and maintaining a valid and in force letter of compliance or conformance in |
force. |
42-128.1-9. Insurance coverage. |
(a) The department of business regulation shall, by January 1, 2003, establish a uniform |
policy with regard to exclusion for lead poisoning and shall adopt any rules and requirements that |
may be necessary to assure the availability of insurance coverage for losses and damages caused |
by lead poisoning, in accordance with the provisions of this chapter, which policy and rules shall |
apply to liability coverage available to property owners. The department of business regulation |
shall have the authority and is empowered, consistent with the requirements of chapter 35 of this |
title, to promulgate rules and regulations, which shall enable it to compile and analyze data and to |
make determinations with regard to the availability of and rates for lead liability coverage. |
(b) Except as otherwise provided by this chapter, no insurance company licensed or |
permitted by the department of business regulation to provide liability coverage to rental property |
owners shall exclude, after October 31, 2005, coverage for losses or damages caused by lead |
poisoning. The department of business regulation shall not permit, authorize, or approve any |
exclusion for lead poisoning, except as specifically provided for by this chapter, that was not in |
effect as of January 1, 2000, and all previously approved exclusions shall terminate October 31, |
2005. As of November 1, 2005, coverage for lead poisoning shall be included in the policy or |
offered by endorsement, as set forth in this section. |
(c) All insurers issuing commercial lines insurance policies and personal lines insurance |
policies covering pre-1978 rental housing in compliance with: (i) theThe requirements of this |
chapter for lead hazard mitigation; (ii) withWith the requirements of chapter 24.6 of title 23 for |
lead safe housing, within the state of Rhode Island; or (iii) relyingRelying on a valid certificate of |
compliance or conformance shall, effective November 1, 2005, include in the policy coverage for |
liability for injury, damage, or death resulting from occurrences of lead poisoning in an amount |
equal to and no less than the underlying policy limits for personal injury/bodily injury coverage |
provided under the policy so issued to a residential rental property owner. The property owner shall, |
if requested by the insurer, present to the insurance company, either: (1) proofProof of certificate |
of compliance of an independent clearance inspection and of any affidavit of visual inspection |
required to maintain the validity of the independent clearance inspection; (2) proofProof of meeting |
the mitigation standard in the form of a clearance exam showing that lead hazards are mitigated; or |
(3) proofProof of abatement. This proof shall be prima facie evidence of compliance with the |
requirements of this chapter. In any subsequent renewal, the insurer may require any continuing |
proof whenever the certificate is expiring, has expired, or is otherwise invalidated. |
(d) For residential rental properties that have not been brought into compliance with the |
requirements for lead hazard mitigation pursuant to this chapter or for lead hazard reduction |
pursuant to chapter 24.6 of title 23 or that do not have a valid certificate of compliance or |
conformance, effective November 1, 2005, for residential rental property owners who own or |
owned a substantial legal or equitable interest in one property and have had no more than one un- |
remediated dwelling unit at which a child was poisoned prior to November 1, 2005, and for |
residential property owners who own or owned more than one property and have had no more than |
two (2) un-remediated dwelling units at which a child was poisoned prior to November 1, 2005, an |
insurance company, which provides liability insurance to a residential rental property owner, shall |
either offer lead liability coverage for bodily injury, which shall be equal to the underlying limits |
of liability coverage for the property, by endorsement, or shall assist the insured in placing lead |
liability coverage through the program commonly known as the Rhode Island FAIR Plan either |
directly or through one of the insurance company's agents or brokers, and the Rhode Island FAIR |
Plan shall make available liability coverage for damages caused by lead poisoning to the class of |
property owners described in this subsection. If the insured seeks lead liability coverage with the |
FAIR Plan, the FAIR Plan may use reasonable underwriting guidelines, as approved by the |
department of business regulation, to underwrite the property. Any property owner who fails to |
remediate a property, after a notice of violation subsequent to October 31, 2005, and any property |
that is not remediated after notice of a violation subsequent to October 31, 2005, shall not be eligible |
to receive an offer of coverage and shall be subject to cancellation and nonrenewal of that coverage |
if the property is not found to be in compliance with the lead law within ninety (90) days of the |
date of issuance of the notice by the director, or the housing resources commission, as applicable. |
(e) Rates for lead poisoning liability coverage, as specified in subsections (c) and (d) of |
this section, shall be approved by the department of business regulation, notwithstanding any limits |
on rate approval authority established by the provisions of chapter 65 of title 27 and subject to the |
provisions of §§ 27-44-6 and 27-44-7, using the following standards: |
(1) That they are not excessive, inadequate, or unfairly discriminatory; |
(2) That consideration is given to: |
(i) Past and prospective loss experience within the state of Rhode Island; |
(ii) A reasonable margin for profits and contingencies; |
(iii) Past and prospective expenses specifically applicable to the state of Rhode Island: |
(iv) Any other data, including data compiled in other states, especially regarding |
experience data for lead liability coverage, that the department may deem necessary; and |
(v) Past history of the owner with regard to lead poisoning or any associated violations. |
(f) The department of business regulation shall have the authority and is empowered, |
consistent with the requirements of chapter 35 of this title, to promulgate rules and regulations to |
enable it to compile and analyze data and to make determinations with regard to the availability of |
and rates for lead liability coverage. In order to effect the purposes of this section insurers shall file, |
on or before October 1, 2004, the proposed language of endorsements for lead liability coverage |
and the proposed rates for that coverage with the department. |
(g) All endorsements, rates, forms, and rules for lead liability coverage approved by the |
department of business regulation to be effective on or after July 1, 2004, are hereby extended to |
be effective November 1, 2005. Prior to November 1, 2005, insurers and advisory organizations |
shall continue to utilize all endorsements, rates, forms, and rules in effect on June 30, 2004, for lead |
liability coverage. The department shall not approve any new endorsements, rates, forms, or rules |
for lead liability coverage in pre-1978 residential rental properties unless the filings are submitted |
in accordance with the provisions of this act. The department is hereby authorized to promulgate |
reasonable rules and regulations to carry out the provisions of this section. |
42-128.1-13. Rhode Island lead hazard technical assistance service. |
(a) Establishment and purposes. |
(1) The Rhode Island housing resources commission department of health shall establish a |
"Rhode Island lead hazard technical assistance service" program for the purposes of providing |
technical assistance to property owners to achieve compliance with this chapter and the Lead |
Poisoning Prevention Act, chapter 24.6 of title 23. |
(2) The services of the program shall subject to appropriation, include, but shall not be |
limited to: evaluation of the need for lead hazard mitigation in a dwelling; review of independent |
inspection results; identification of and arranging funding for conducting lead hazard abatement |
and mitigation, and supplying any materials, assistance, and services that may be needed by |
property owners to achieve compliance with this chapter and the Lead Poisoning Prevention Act in |
an affordable manner. |
(b) Historic properties. On or before November 1, 2005, the housing resources commission |
The department of health, in conjunction with the historical preservation and heritage commission, |
shall initiate the following activities to assist owners of historic properties to comply with the |
provisions of this chapter: (i) provideProvide technical assistance; (ii) identifyIdentify financial |
resources available for compliance; and (iii) seekSeek additional resources for this purpose. |
(c) Cooperation with Rhode Island housing and mortgage finance corporation. The housing |
resources commission department of health is hereby authorized to cooperate with the Rhode Island |
housing and mortgage finance corporation in putting the provisions of this section into effect, and |
the Rhode Island housing and mortgage finance corporation is hereby authorized to exercise its |
powers under § 42-55-5.1 to provide for the implementation of this section. |
(d) Exercise of powers. The housing resources commission is hereby expressly authorized |
to exercise any or all of its general powers set forth in § 42-128-7 to accomplish the purpose of this |
section. |
SECTION 9. Sections 42-128.2-1, 42-128.2-3, 42-128.2-4, 42-128.2-6 and 42-128.2-8 of |
the General Laws in Chapter 42-128.2 entitled "Expedited Permitting for Affordable Housing" are |
hereby amended to read as follows: |
42-128.2-1. Findings. |
The general assembly finds and declares that: |
(1) The availability of affordable housing is a critical concern to the current well-being and |
the future prosperity of the people of Rhode Island; |
(2) All towns in Rhode Island, with an obligation to do so, have adopted affordable housing |
plans as required by P.L. 2004, ch. 286 and 324; and |
(3) The housing resources commission in conjunction with the statewide planning program |
has adopted a strategic plan for affordable housing as required by "The Comprehensive Housing |
Production and Rehabilitation Act of 2004"; |
(4) The people of Rhode Island in 2006 approved a bond issue to support the development |
of affordable housing in the state; and |
(5)(3) The slowness and uncertainty of securing permits and regulatory approval from state |
agencies can impair the viability of affordable housing development, make such development more |
expensive, and can jeopardize federal and other monies. |
42-128.2-3. Definitions. |
As used in this chapter, unless the context clearly indicates otherwise, the following words |
and phrases shall have the following meanings: |
(1) "Affordable housing plan" means a component of a housing element, as defined in |
subsection 45-22.2-4(33), to meet housing needs in a city or town that is prepared in accordance |
with guidelines adopted by the state planning council, and/or to meet the provisions of § 45-53- |
4(e)(1) and (f). |
(2) "Associate director" means the associate director of the department of administration |
for planning. |
(3) "Chairperson" means the chairperson of the housing resources commission. |
(4)(3) "Comprehensive plan" means a comprehensive plan adopted and approved by a city |
or town pursuant to chapters 22.2 and 22.3 of title 45. |
(5)(4) "Determination of probable consistency" means a determination by the associate |
director that an eligible affordable housing project appears to be consistent with applicable |
provisions of state plans pertaining to affordable housing development; a determination of probable |
consistency shall not be deemed to be a conclusive, final, or biding determination of conformity |
with such plans or with any specific requirements adopted pursuant to such plans. |
(6)(5) "Eligible affordable housing project" means low- or moderate-income housing or |
housing development in which at least twenty-five percent (25%) of the dwelling units are low- or |
moderate-income housing whether built or operated by any public agency or any nonprofit |
organization or by any limited equity housing cooperative or any private developer, that is |
subsidized by a federal, state, or municipal government subsidy under any program to assist the |
construction or rehabilitation of housing affordable to low- or moderate-income households, as |
defined in the applicable federal or state statute, or local ordinance and that will remain affordable |
through a land lease and/or deed restriction for ninety-nine (99) years or such other period that is |
either agreed to by the applicant and town or prescribed by the federal, state, or municipal |
government subsidy program but that is not less than thirty (30) years from initial occupancy. |
(6) "Executive office of housing" means the executive office of housing established by |
chapter 167 of this title. |
(7) "Housing project of critical concern" means an eligible affordable housing project |
designated by the housing resources commission executive office of housing to be significant, in |
its operational stage, by its ability to advance affordable goals set forth in duly approved plans for |
affordable housing and to help alleviate affordable housing shortages in Rhode Island. |
(8) "Housing resources commission" means the housing resources commission established |
by chapter 128 of this title. |
(9)(8) "Person" means any natural person, company, corporation, partnership, or any type |
of business entity. |
(9) "Secretary" means the secretary of housing established by chapter 167 of this title. |
(10) "State agency" means any office, department, board, commission, bureau, division, |
authority, public corporation, agency, or instrumentality of the state; the term "state agency" shall |
not be deemed to include any department, office, or agency of a city or town. |
(11) "Statewide planning" means the statewide planning program established by § 42-11- |
10. |
42-128.2-4. Request for status as a housing project of critical concern. |
A person may apply to the Rhode Island housing resources commission executive office |
of housing and request that a project be classified as a project of critical housing concern. Said |
request shall contain a description of how the project is consistent with applicable provisions of |
state plans pertaining to affordable housing developments. Not more than five (5) days after the |
receipt of such request, the chairperson, or the executive director acting on behalf of the |
chairperson, secretary shall refer the request to statewide planning for review of the probable |
consistency of the project with the applicable provisions of the state guide plan. The associate |
director shall issue a determination of probable consistency to the chairperson secretary within |
twenty (20) days. If the associate director has made a determination of probable consistency, the |
Rhode Island housing resources commission executive office of housing shall render a written |
decision on the request within sixty (60) days of the filing and receipt of the request. If the project |
is found to be a housing project of critical concern, the Rhode Island housing resources commission |
executive office of housing may issue a certificate of critical housing concern. A certificate of |
critical housing concern shall expire two (2) years from the date of issuance. |
42-128.2-6. Action by state agency. |
(a) Within three (3) months of the submission of a substantially complete application, the |
state agency must render a written report on the status of the application. The report shall contain |
information, which will enable the person to make a sound business decision as to whether or not |
to pursue the application. The report shall be sent to the applicant. |
(b) If the application is not granted, then the state agency shall on the fourth (4th), fifth |
(5th), and sixth (6th) months of the anniversary of submission render a written report on the status |
of the application. If at the end of the sixth (6th) month, a decision has not been rendered on the |
application, then, in addition to the applicant, a copy of the written report shall be rendered monthly |
thereafter to the associate director of the department of administration for planning and the Rhode |
Island housing resources commission secretary until a decision to accept or reject the application |
has been made. |
42-128.2-8. Rulemaking. |
The housing resources commission, at a regular quarterly meeting executive office of |
housing shall promulgate rules and regulations in accordance with chapter 35 of this title to |
implement this chapter, including, but not limited to, provisions to define an application and criteria |
to determine the significance of any application in meeting the purposes of this act. |
SECTION 10. Sections 42-128.3-3, 42-128.3-4, 42-128.3-5, 42-128.3-6, 42-128.3-7, 42- |
128.3-8 and 42-128.3-9 of the General Laws in Chapter 42-128.3 entitled "Housing Incentives for |
Municipalities" are hereby amended to read as follows: |
42-128.3-3. Purposes. |
The coordinating committee executive office of housing is authorized and empowered to |
carry out the program for the following purposes: |
(1) To foster and maintain strong collaborations with municipalities in the state. |
(2) To support and assist municipalities in promoting housing production that adequately |
meets the needs of Rhode Island's current and future residents. |
(3) To make diverse, high-quality, and accessible housing options readily available to |
residents within their local communities. |
(4) To enable residents to live near convenient public transit and other commercial and |
cultural resources. |
(5) To make development decisions fair, predictable, and cost-effective. |
(6) To foster distinctive, attractive, and resilient communities, while preserving the state's |
open space, farmland, and natural beauty. |
42-128.3-4. Definitions. |
As used in this chapter: |
(1) "Coordinating committee" means the Rhode Island housing resources coordinating |
committee established pursuant to § 42-128-2(2). |
(2)(1) "Eligible locations" means an area designated by the coordinating committee |
executive office of housing as a suitable site for a housing incentive district by virtue of its |
infrastructure, existing underutilized facilities, or other advantageous qualities, including (i) |
Proximity to public transit centers, including commuter rail, bus, and ferry terminals; or (ii) |
Proximity to areas of concentrated development, including town and city centers or other existing |
commercial districts. |
(3)(2) "Eligible student" means an individual who (i) Lives in a newly constructed dwelling |
unit within a housing incentive district, to the extent that the unit could not have been realized under |
the underlying zoning; and (ii) Attends a school in the city or town. |
(3) "Executive office of housing" means the executive office of housing established |
pursuant to § 42-167-1. |
(4) "Housing incentive district" means an overlay district adopted by a city or town |
pursuant to this chapter. A housing incentive district is intended to encourage residential |
development and must permit minimum residential uses. A housing incentive district may |
accommodate uses complementary to the primary residential uses, as deemed appropriate by the |
adopting city or town; however, the majority of development on lots within a housing incentive |
district must be residential. Land development plans within a housing incentive district shall be |
treated as minor land development plans, as defined by § 45-23-32, unless otherwise specified by |
ordinance. |
(5) "School impact offset payments" means a payment to a city or town to help offset |
increased municipal costs of educating eligible students. |
42-128.3-5. Adoption of housing incentive districts. |
(a) In its zoning ordinance, a city or town may adopt a housing incentive district in any |
eligible location. |
(b) The adoption, amendment, or repeal of such ordinance shall be in accordance with the |
provisions of chapter 24 of title 45. |
(c) A housing incentive district shall comply with this chapter and any minimum |
requirements established by the coordinating committee executive office of housing. |
(d) The zoning ordinance for each housing incentive district shall specify the procedure for |
land development and subdivision review within the district in accordance with this chapter and |
the regulations of the coordinating committee executive office of housing. |
(e) Nothing in this chapter shall affect a city or town's authority to amend its zoning |
ordinances under chapter 24 of title 45. |
42-128.3-6. Assistance to municipalities. |
The coordinating committee executive office of housing is authorized and empowered, at |
its discretion, to provide all manner of support and assistance to municipalities in connection with |
fostering local housing production, including, but not limited to: |
(1) Providing technical assistance for the preparation, adoption, or implementation of laws, |
regulations, or processes related to residential development; and |
(2) Authorizing the Rhode Island housing and mortgage finance corporation to issue school |
impact offset payments to participating municipalities; and |
(3) Coordinating state provided technical assistance and supports for municipalities for all |
matters related to housing development and housing preservation. |
42-128.3-7. Rules and regulations — Reports. |
(a) The coordinating committee executive office of housing is hereby authorized to |
promulgate rules and regulations as are necessary to fulfill the purposes of this chapter, including, |
but not limited to, provisions relating to: application criteria; eligible locations for housing |
incentive districts; minimum requirements for housing incentive districts; eligible students for the |
calculation of school impact offset payments; and the amount and method of payment to cities and |
towns for school impact offset payments. |
(b) The coordinating committee executive office of housing shall include in its annual |
report shall be provided to the governor, the secretary of commerce, speaker of the house of |
representatives, and the president of the senate. |
42-128.3-8. Program integrity. |
Program integrity being of paramount importance, the coordinating committee executive |
office of housing shall establish procedures to ensure ongoing compliance with the terms and |
conditions of the program established herein, including procedures to safeguard the expenditure of |
public funds and to ensure that the funds further the purposes of the program. |
42-128.3-9. Cooperation. |
Any department, agency, council, board, or other public instrumentality of the state shall |
cooperate with the coordinating committee executive office of housing in relation to the |
implementation, execution, and administration of the program created under this chapter. |
SECTION 11. Title 42 of the General Laws entitled "STATE AFFAIRS AND |
GOVERNMENT" is hereby amended by adding thereto the following chapter: |
CHAPTER 167 |
EXECUTIVE OFFICE OF HOUSING |
42-167-1. Executive office of housing established. |
Effective January 1, 2023, there is hereby established within the executive branch of the |
state government an executive office of housing with the responsibility for developing plans, |
policies, standards, programs, interagency coordination, and providing technical assistance for |
housing and homelessness. The executive office of housing shall be the state's lead agency for |
addressing issues related to housing, homelessness, and community development in the state of |
Rhode Island. |
42-167-2. Purposes. |
(a) The purposes of the executive office of housing shall be: |
(1) To develop and promulgate state policies, and plans, for housing and housing |
production and performance measures for housing programs established pursuant to state law.; |
(2) To coordinate activities among state agencies and political subdivisions pertaining to |
housing.; |
(3) To promote the stability of and quality of life in communities and neighborhoods.; |
(4) To provide opportunities for safe, sanitary, decent, adequate, and affordable housing in |
Rhode Island.; |
(5) To encourage public-private partnerships that foster the production, rehabilitation, |
development, maintenance, and improvement of housing and housing conditions, especially for |
low- and moderate-income people.; |
(6) To foster and support nonprofit organizations, including community development |
corporations, and their associations and intermediaries, that are engaged in providing housing- |
related services.; |
(7) To encourage and support partnerships between institutions of higher education and |
neighborhoods to develop and retain quality, healthy housing and sustainable communities.; |
(8) To facilitate private for-profit production and rehabilitation of housing for diverse |
populations and income groups.; and |
(9) To provide, facilitate, and/or support the provisions of technical assistance. |
42-167-3. Powers and duties of the executive office of housing. |
In order to provide housing opportunities for all Rhode Islanders, to maintain the quality |
of housing in Rhode Island, and to coordinate and make effective the housing responsibilities of |
the agencies and subdivisions of the state, the executive office of housing shall have the following |
powers and duties: |
(1) Policy, planning, and coordination of state housing functions: |
(i) To prepare and adopt the state's plans for housing, including but not limited to, any |
statewide housing and homelessness plan; provided, however, that this provision shall not be |
interpreted to contravene the prerogative of the state planning council to adopt a state guide plan |
for housing; |
(ii) To prepare, adopt, and issue the state's housing and homelessness policy; |
(iii) To conduct research on and make reports regarding housing issues in the state; and |
(iv) To advise the governor and general assembly on housing issues and to coordinate |
housing activities among government agencies and agencies created by state law or providing |
housing services under government programs; |
(2) Establish, implement, and monitor state performance measures and guidelines for |
housing programs: |
(i) To promulgate performance measures and guidelines for housing programs conducted |
under state law; |
(ii) To monitor and evaluate housing responsibilities established by state law, and to |
establish a process for annual reporting on the outcomes of the programs and investments of the |
state in housing for low- and moderate-income people; and |
(iii) To hear and resolve disputes pertaining to housing issues; |
(3) Administer the programs pertaining to housing resources that may be assigned by state |
law. The executive office of housing shall have the power and duty to administer programs for |
housing, housing services, and community development including, but not limited to, programs |
pertaining to: |
(i) Abandoned properties and the remediation of blighting conditions; |
(ii) Services for the homeless; |
(iii) Rental assistance; |
(iv) Community development; |
(v) Outreach, education, and technical assistance services; |
(vi) Assistance, including financial support, to nonprofit organizations and community |
development corporations; |
(vii) Tax credits that assist in the provision of housing or foster community development |
or that result in support to nonprofit organizations performing functions to accomplish the purposes |
of this chapter; and |
(viii) The supportive services program, the purpose of which is to help prevent and end |
homelessness among those who have experienced long-term homelessness and for whom certain |
services in addition to housing are essential. State funding for this program may leverage other |
resources for the purpose of providing supportive services. Services provided pursuant to this |
subsection may include, but not be limited to: assistance with budgeting and paying rent; access to |
employment; encouraging tenant involvement in facility management and policies; medication |
monitoring and management; daily living skills related to food, housekeeping, and socialization; |
counseling to support self-identified goals; referrals to mainstream health, mental health, and |
treatment programs; and conflict resolution; |
(4) Lead abatement and management. The executive office of housing will provide funding |
to support the administration of a lead hazard abatement program managed by the Rhode Island |
department of health in cooperation with the Rhode Island housing and mortgage finance |
corporation. |
(5) The regulations promulgated under title 860 of the Rhode Island code of regulations |
will remain in full force and effect and shall be enforced by the executive office of housing until |
such a time as the rules are properly transferred to the executive office of housing's title within the |
Rhode Island code of regulations, notwithstanding any other transfers authorized under § 42-128.1- |
7. |
42-167-4. Secretary of housing. |
The head of the executive office of housing shall be the secretary of housing, who shall be |
appointed by the governor with the advice and consent of the senate. The position of secretary of |
housing is hereby created in the unclassified service. The secretary of housing shall hold office at |
the pleasure of the governor. Before entering upon the discharge of duties, the secretary shall take |
an oath to faithfully execute the duties of the office. The secretary of housing shall: |
(1) Prior to hiring, have completed and earned a minimum of a master's graduate degree in |
the field of urban planning, economics, or a related field of study or possess a juris doctor law |
degree. Preference shall be provided to candidates having earned an advanced degree consisting of |
an L.L.M. law degree or Ph.D. in urban planning or economics. Qualified candidates must have |
documented five (5) years' full-time experience employed in the administration of housing policy |
and/or development; |
(2) Be responsible for overseeing all housing and homelessness policy and planning |
initiatives in the state of Rhode Island and developing a housing plan, including, but not limited to, |
the development of affordable housing opportunities to assist in building strong community efforts |
and revitalizing neighborhoods; |
(3) Coordinate with all agencies directly related to any housing and homelessness |
initiatives and participate in the promulgation of any regulation having an impact on housing and |
homelessness including, but not limited to, the Rhode Island housing and mortgage finance |
corporation, the coastal resources management council (CRMC), and state departments including, |
but not limited to: the department of environmental management (DEM), the department of |
business regulation (DBR), the department of transportation (DOT) and statewide planning; |
(4) Formulate an integrated housing report to include findings and recommendations to the |
governor, speaker of the house, senate president, each chamber's finance committee, and any |
committee whose purview is reasonably related to, including, but not limited to, issues of housing, |
municipal government, and health on or before April 15th annually. This report shall include, but |
not be limited to, the following: |
(i) The total number of housing units in the state with per community counts; |
(ii) Every three (3) years, beginning in 2026 and contingent upon funding for data |
collection, an assessment of the suitability of existing housing stock in meeting accessibility needs |
of residents; |
(iii) The occupancy and vacancy rate of the units referenced in subsection (4)(i); |
(iv) The change in the number of units referenced in subsection (4)(i), for each of the prior |
three (3) years in figures and as a percentage; |
(v) The number of net new units in development and number of units completed in the |
previous calendar year; |
(vi) For each municipality the number of single-family, two-family (2), and three-family |
(3) units, and multi-unit housing delineated sufficiently to provide the lay reader a useful |
description of current conditions, including a statewide sum of each unit type; |
(vii) Every three (3) years, beginning in 2026, a projection of the number of units required |
to meet estimated population growth and based upon household formation rates; |
(viii) A comparison of regional and other similarly situated state funding sources that |
support housing development including a percentage of private, federal, and public support; |
(ix) A reporting of unit types by number of bedrooms for rental properties including an |
accounting of all: |
(I) Single-family units; |
(II) Accessory dwelling units; |
(III) Two-family (2) units; |
(IV) Three-family (3) units; |
(V) Multi-unit sufficiently delineated units; |
(VI) Mixed use sufficiently delineated units; and |
(VII) Occupancy and vacancy rates for the prior three (3) years; |
(x) A reporting of unit types by ownership including an accounting of all: |
(I) Single-family units; |
(II) Accessory dwelling units; |
(III) Two-family (2) units; |
(IV) Three-family (3) units; |
(V) Multi-unit sufficiently delineated units; |
(VI) Mixed use sufficiently delineated units; and |
(VII) Occupancy and vacancy rates for the prior three (3) years; |
(xi) A reporting of the number of applications submitted or filed for each community |
according to unit type and an accounting of action taken with respect to each application to include, |
approved, denied, appealed, approved upon appeal, and if approved, the justification for each |
appeal approval; |
(xii) A reporting of permits for each community according to affordability level that were |
sought, approved, denied, appealed, approved upon appeal, and if approved, the justification for |
each approval; |
(xiii) A reporting of affordability that shall include the following: |
(I) The percent and number of units of extremely low-, very low-, low-, moderate-, fair- |
market rate, and above moderate-income; including the average and median costs of those units; |
(II) The percent and number of units of extremely low-, very low-, low-, and moderate- |
income housing units by municipality required to satisfy the ten percent (10%) requirement |
pursuant to chapter 24 of title 45; including the average and median costs of those units; |
(III) The percent and number of units for the affordability levels above moderate-income |
housing, including a comparison to fair-market rent; including the average and median costs of |
those units; |
(IV) The percentage of cost burden by municipality with population equivalent; |
(V) The percentage and number of home financing sources, including all private, federal, |
state, or other public support; |
(VI) The disparities in mortgage loan financing by race and ethnicity based on Home |
Mortgage Disclosure Act data by available geographies; |
(VII) The annual median gross rent growth for each of the previous five (5) years by |
municipality; and |
(VIII) The annual growth in median owner-occupied home values for each of the previous |
five (5) years by municipality; |
(xiv) A reporting of municipal healthy housing stock by unit type and number of bedrooms |
and providing an assessment of the state's existing housing stock and enumerating any risks to the |
public health from that housing stock, including, but not limited to: the presence of lead, mold, safe |
drinking water, disease vectors (insects and vermin), and other conditions that are an identifiable |
health detriment. Additionally, the report shall provide the percentage of the prevalence of health |
risks by age of the stock for each community by unit type and number of bedrooms; |
(xv) A recommendation shall be included with the report required under this section that |
shall provide consideration to any and all populations, ethnicities, income levels, and other relevant |
demographic criteria determined by the secretary, and with regard to any and all of the criteria |
enumerated elsewhere in the report separately or in combination, provide recommendations to |
resolve any issues that provide an impediment to the development of housing, including specific |
data and evidence in support of the recommendation. All data and methodologies used to present |
evidence are subject to review and approval of the chief of revenue analysis, and that approval shall |
include an attestation of approval by the chief to be included in the report; and |
(xvi) Municipal governments shall provide the executive office of housing's requested data |
relevant to this report on or before February 15th annually; |
(5) Establish rules and regulations as set forth in § 45-24-77; |
(6) On or before July 1, 2026 and every three years thereafter, create a statewide strategic |
plan to prevent, address, and end homelessness, considering input from the advisory council on |
housing and homelessness, the interagency council on homelessness, and the Rhode Island |
continuum of care created pursuant to Part 578 of Subchapter C of Chapter V of Subtitle B of Title |
24 of the Code of Federal Regulations; |
(7) Coordinate with the Rhode Island continuum of care on funding and programming to |
address homelessness; and |
(8) On or before January 1, 2027, and annually thereafter, develop a calculation of the |
percentage of low- and moderate-income housing units, for each city and town to accurately reflect |
the percentage of low- and moderate-income housing units in each city and town, and publish a |
chart showing the number of eligible units for each city and town, the basis for the determination |
of each type of unit and any other information the secretary of the executive office of housing |
deems relevant. The chart shall then be forwarded to the respective city or town, which shall have |
thirty (30) days to suggest modifications or revisions. Thereafter, and after review of any proposed |
modifications, the secretary of housing shall, in writing, certify the chart for that year. The chart, |
together with supporting documentation, shall be kept in the possession of the executive office of |
housing, and shall be available for public inspection and copying. |
42-167-5. Powers and duties of the secretary of housing. |
(a) The secretary of housing shall have the following powers and duties: |
(1) All powers and duties pursuant to § 42-167-3 and § 42-167-4; |
(2) To supervise the work of the executive office of housing and to act as its chief |
administrative officer; |
(3) To coordinate the administration and financing of various departments or offices within |
the executive office of housing; |
(4) To serve as the governor's chief advisor and liaison to federal policymakers on housing, |
homelessness, and community development as well as the principal point of contact on any such |
related matters; |
(5) To coordinate the housing, homelessness, and community development programs of |
the state of Rhode Island and its departments, agencies, commissions, corporations, and |
subdivisions. All departments, agencies, commissions, corporations, and subdivisions shall |
cooperate with the executive office of housing to facilitate the purposes of this chapter; |
(6) To employ such personnel and contracts for such consulting services as may be required |
to perform the powers and duties conferred upon the secretary of the executive office of housing; |
(7) To oversee and direct the administration of funds that may be appropriated from time |
to time to the executive office of housing; |
(8) Creation of a written guide for consumers relating to the rights and duties of landlords |
and tenants pursuant to chapter 18 of title 34, which the secretary shall update at minimum on a |
biennial basis. The guide shall be posted on the website of the executive office of housing and shall |
be published in both English and Spanish; and |
(9) To chair the Rhode Island housing mortgage and finance corporation; to chair the |
interagency council on homelessness; and to chair the interagency council on housing production |
and preservation. |
(b) In addition to such other powers as may otherwise be delegated elsewhere to the |
executive office of housing, the executive office of housing is hereby expressly authorized, by and |
through the secretary of housing: |
(1) To purchase, receive, lease, or otherwise acquire, own, hold, improve, use, and |
otherwise deal in and with, real or personal property, or any interest in real or personal property, |
wherever situated; |
(2) To accept any gifts or grants or loans of funds or property or financial or other aid in |
any form from the federal government or any agency or instrumentality of the federal government, |
or from the state or any agency or instrumentality of the state, or from any other source and to |
comply, subject to the provisions of this chapter, with the terms and conditions of the gifts, grants, |
or loans; |
(3) Subject to the provisions of § 37-2-1 et seq., to negotiate and to enter into contracts, |
agreements, and cooperative agreements with agencies and political subdivisions of the state, not- |
for-profit corporations, for-profit corporations, and other partnerships, associations, and persons |
for any lawful purpose necessary and desirable to effectuate the purposes of the executive office of |
housing; and |
(4) To carry out this chapter and perform the duties of the general laws and public laws |
insofar as those provisions relate to any regulatory areas within the jurisdiction of the executive |
office of housing. |
42-167-6. Rules and regulations. |
The secretary of the executive office of housing may promulgate such rules and regulations |
in accordance with the provisions of chapter 35 of this title as are necessary and proper to carry out |
the duties assigned to the secretary of the executive office of housing or to the executive office of |
housing by this title or any other provision of law. |
42-167-7. Coordination with other state agencies. |
State agencies, departments, authorities, corporations, boards, commissions, and political |
subdivisions shall cooperate with the executive office of housing in the conduct of its activities, |
and specifically: the Rhode Island historical preservation and heritage commission shall advise the |
executive office of housing on issues of historical preservation standards as they pertain to housing |
and the use of historical preservation programs to improve housing and to enhance community |
character; the statewide planning program, created pursuant to § 42-11-10, shall advise the |
executive office of housing on issues of planning in general and land use controls and shall revise |
the state guide plan, as necessary, to achieve consistency with official state plans and policies for |
housing adopted by the executive office on housing, and the department of business regulation shall |
advise the executive office of housing on issues of business regulation affecting housing, shall |
review its regulations and practices to determine any amendments, changes, or additions that might |
be appropriate to advance the purposes of this chapter. |
42-167-8. Severability. |
If any provision of this chapter or the application thereof to any person or circumstance is |
held invalid, such invalidity shall not affect other provisions or applications of the chapter; which |
can be given effect without the invalid provision or application, and to this end the provisions of |
this chapter are declared to be severable. |
42-167-9. Renaming. |
Wherever in the general or public laws, or any rule or regulation, any reference to the |
"office of housing and community development" or "department of housing" shall appear, it shall |
mean the executive office of housing created pursuant to this chapter. |
SECTION 12. Title 42 of the General Laws entitled "STATE AFFAIRS AND |
GOVERNMENT" is hereby amended by adding thereto the following chapter: |
CHAPTER 167.1 |
INTERAGENCY COUNCIL ON HOMELESSNESS |
42-167.1-1. Legislative findings. |
The general assembly hereby finds that there exists in this state undetermined numbers of |
homeless persons, many of whom suffer from chronic mental illness and disability, and that this |
condition exists among families and among individuals of all age groups without regard to ethnic |
or racial heritage or sex. The existence of this condition is declared to be detrimental to the health, |
safety, and welfare of the homeless individuals themselves and to the state. |
42-167.1-2. Establishment of Council. |
(a) There is hereby created a permanent council to be called the "Interagency Council on |
Homelessness" consisting of seventeen (17) members: |
(1) One of whom shall be the secretary of housing, or his or herthe secretary’s designee, |
who shall chair the council; |
(2) One of whom shall be the director of the department of human services, or his or herthe |
director’s designee; |
(3) One of whom shall be the director of the department of health, or his or herthe |
director’s designee; |
(4) One of whom shall be the director of the department of children, youth and families, or |
his or herthe director’s designee; |
(5) One of whom shall be the director of the office of healthy aging, or his or herthe |
director’s designee; |
(6) One of whom shall be the director of behavioral healthcare, developmental disabilities |
and hospitals, or his or herthe director’s designee; |
(7) One of whom shall be director of the department of labor and training, or his or herthe |
director’s designee; |
(8) One of whom shall be the director of the department of corrections, or his or herthe |
director’s designee; |
(9) One of whom shall be the commissioner of the department of elementary and secondary |
education, or his or herthe commissioner’s designee; |
(10) One of whom shall be the director of the Rhode Island housing and mortgage finance |
corporation, or his or herthe director’s designee; |
(11) One of whom shall be the director of the emergency management agency, or his or |
herthe director’s designee; |
(12) One of whom shall be a representative from the office of veterans' affairs, or his or |
hertheir designee; |
(13) One of whom shall be the public defender, or his or herthe public defender’s |
designee; |
(14) One of whom shall be the Medicaid director within the executive office of health and |
human services, or his or herthe director’s designee; |
(15) One of whom shall be the secretary of the executive office of health and human |
services, or his or herthe secretary’s designee; |
(16) One of whom shall be the chair of the continuum of care created pursuant to Part 578 |
of Subchapter C of Chapter V of Subtitle B of Title 24 of the Code of Federal Regulations, or his |
or herthe chair’s designee; and |
(17) One of whom shall be the lieutenant governor, or his or herthe lieutenant governor’s |
designee. |
(b) Forthwith upon the effective date of this chapter, the members of the council shall meet |
at the call of the chair and organize. Vacancies in the council shall be filled in like manner as the |
original appointment. A majority of seats filled shall constitute a quorum. |
(c) The executive office of housing is hereby directed to provide administrative support for |
the council. |
(d) All departments and agencies of the state shall furnish advice and information, |
documentary, and otherwise to the council and its agents as is deemed necessary or desirable by |
the council to facilitate the purposes of this chapter. |
42-167.1-3. Duties and responsibilities of council. |
The duties and responsibilities of the council shall include, but not be limited to: |
(1) Advise on and participate in the process led by the executive office of housing pursuant |
to § 42-167-1 to develop a strategic plan to end homelessness that will serve to reduce the number |
of homeless individuals and families in Rhode Island; |
(2) Coordinate services for the homeless among state agencies and instrumentalities, |
community-based organizations, faith-based organizations, volunteer organizations, advocacy |
groups, and businesses; |
(3) Coordinate services not specifically for the homeless, but from which the homeless may |
benefit, among state agencies and instrumentalities, community-based organizations, faith-based |
organizations, volunteer organizations, advocacy groups, and businesses; |
(4) Identify and seek to remedy gaps in services, specifically in the area of making |
provisions for the availability, use, and permanent funding stream for permanent supportive |
housing; |
(5) Identify gaps in services that contribute to the occurrence and persistence of |
homelessness, with the aim of addressing such gaps in a timely and effective manner; |
(6) Work to reduce the inflow of individuals and families into the homeless emergency |
response system through proactive, preventative measures; |
(7) Align policies and programs across governmental agencies to maximize available |
resources, remove barriers to accessing supports, and improve the effectiveness of homelessness |
prevention and response systems; and |
(8) Provide recommendations for addressing the unique needs of homeless individuals |
during emergency situations, including but not limited to, extreme winter weather, pandemics, or |
natural disasters, ensuring timely and appropriate responses to such events. |
42-167.1-4. Meeting and reporting requirements. |
Meeting and reporting requirements are as follows: |
(1) The council shall meet at least quarterly upon the call of the chair to fulfill its duties |
and responsibilities. The frequency of meetings may be adjusted based on the needs of the council; |
(2) The council shall report annually to the governor and the general assembly, no later |
than March of each year, on the progress made in achieving the goals and objectives set forth in |
the strategic plan; on the current number of homeless individuals, families, and children; and any |
other pertinent information; and |
(3) The council shall conform to the provisions of chapter 46 of this title. |
42-167.1-5. Advisory council. |
The Interagency Council on Homelessness will be advised by the Advisory Council on |
Housing and Homelessness. |
SECTION 13. Title 42 of the General Laws entitled "STATE AFFAIRS AND |
GOVERNMENT" is hereby amended by adding thereto the following chapter: |
CHAPTER 167.2 |
INTERAGENCY COUNCIL ON HOUSING PRODUCTION AND PRESERVATION |
42-167.2-1. Establishment of the interagency council on housing production and |
preservation. |
(a) There is hereby created a permanent council to be called the "Interagency Council on |
Housing Production and Preservation" consisting of twelve (12) members: |
(1) One of whom shall be the director of the Rhode Island housing and mortgage finance |
corporation, or his or herthe director’s designee; |
(2) One of whom shall be the director of the department of business regulation, or his or |
herthe director’s designee; |
(3) One of whom shall be the director of the department of environmental management, or |
his or herthe director’s designee; |
(4) One of whom shall be the secretary of the executive office of commerce, or his or herthe |
secretary’s designee; |
(5) One of whom shall be the director of the department of labor and training, or his or her |
designeethe director’s designee; |
(6) One of whom shall be the director of the department of health, or his or herthe |
director’s designee; |
(7) One of whom shall be the director of the office of healthy aging; or his or herthe |
director’s designee; |
(8) One of whom shall be the director of the office of veterans services, or his or herthe |
director’s designee; |
(9) One of whom shall be the director of the department of behavioral health, |
developmental disabilities, and hospitals, or his or herthe director’s designee; |
(10) One of whom shall be the executive director of the Rhode Island infrastructure bank, |
or his or herthe executive director’s designee; |
(11) One of whom shall be the director of the department of administration, or his or herthe |
director’s designee; and |
(12) One of whom shall be the secretary of the executive office of housing, or his or herthe |
secretary’s designee, who shall be the chair of the council. |
(b) The council may invite additional entities to participate as necessary in meetings in a |
non-voting capacity, including but not limited to: |
(1) The public finance management board; |
(2) The historical preservation and heritage commission; and |
(3) The office of postsecondary commissioner. |
(c) The executive office of housing will provide administrative support to the council. |
42-167.2-2. Purpose. |
The purpose of the council is to work collaboratively across state departments and agencies |
to promote the development and preservation of housing across affordability levels, including low- |
and moderate-income (LMI) and market-rate housing, and tenure, including rental and |
homeownership opportunities. |
42-167.2-3. Duties and responsibilities. |
(a) The council's responsibilities shall include, but are not limited to: |
(1) Reducing barriers to the development of housing and streamlining the process to |
facilitate housing production; |
(2) Aligning state policies and programs to address the short- and long-term housing needs |
of all Rhode Islanders, and ensuring that actions taken support the state housing plan's goals; |
(3) Addressing housing preservation efforts by identifying and implementing strategies to |
maintain and rehabilitate existing housing stock, particularly affordable housing; |
(4) Collaborating on initiatives related to healthy homes, ensuring that housing production |
and preservation efforts contribute to safe and healthy living environments; |
(5) Projecting future housing needs within the state, with a particular focus on identifying |
and prioritizing the types of housing required to meet the needs of priority populations, including |
but not limited to low-income families, seniors, veterans, and individuals with disabilities; |
(6) Strategizing on how to support economic development, job creation, and community |
development through housing opportunities; and |
(7) Identifying opportunities to promote homeownership, particularly for first-generation |
homebuyers. |
42-167.2-4. Advisory recommendations. |
The council will be advised by the Advisory Council on Housing and Homelessness. |
42-167.2-5. Meeting requirements. |
(a) The council shall meet at least quarterly to fulfill its duties and responsibilities. The |
frequency of meetings may be adjusted based on the needs of the council. |
(b) Forthwith upon the effective date of this chapter, the members of the council shall meet |
at the call of the chair and organize. A majority of seats filled shall constitute a quorum. |
(c) The council shall conform to the provisions of chapter 46 of this title. |
SECTION 14. Section 44-5.1-3 of the General Laws in Chapter 44-5.1 entitled "Real Estate |
Nonutilization Tax" is hereby amended to read as follows: |
44-5.1-3. Imposition of tax. |
(a) Providence. The city of Providence is empowered to impose a tax upon the privilege of |
utilizing property as vacant and abandoned property within the city during any privilege year |
commencing with the privilege year beginning January 1, 1984, and every privilege year thereafter. |
The tax shall be in addition to any other taxes authorized by the general or public laws. |
(b) Pawtucket. The city of Pawtucket is empowered to impose a tax upon the privilege of |
utilizing property as vacant and abandoned property within the city during any privilege year |
commencing with the privilege year beginning January 1, 1997, and every privilege year thereafter. |
The tax shall be in addition to any other taxes authorized by the general or public laws. |
(c) Cranston. The city of Cranston is empowered to impose a tax upon the privilege of |
utilizing property as vacant and abandoned property within the city during any privilege year |
commencing with the privilege year beginning January 1, 1997, and every privilege year thereafter. |
The tax shall be in addition to any other taxes authorized by the general or public laws. |
(d) North Providence. The town of North Providence is empowered to impose a tax upon |
the privilege of utilizing property as vacant and abandoned property within the town during any |
privilege year commencing with the privilege year beginning January 1, 2001, and every privilege |
year thereafter. The tax shall be in addition to any other taxes authorized by the general or public |
laws. |
(e) East Providence. The city of East Providence is empowered to impose a tax upon the |
privilege of utilizing property as vacant and abandoned property within the city during any privilege |
year commencing with the privilege year beginning January 1, 2000, and every privilege year |
thereafter. The tax shall be in addition to any other taxes authorized by the general or public laws. |
(f) Woonsocket. The city of Woonsocket is empowered to impose a tax upon the privilege |
of utilizing property as vacant and abandoned property within the city during any privilege year |
commencing with the privilege year beginning January 1, 2000, and every privilege year thereafter. |
The tax shall be in addition to any other taxes authorized by the general or public laws. |
(g) Cities and towns. Any city or town not previously empowered is empowered to impose |
a tax upon the privilege of utilizing vacant and abandoned property within the city or town during |
any privilege year commencing with the privilege year beginning January 1, 2002, and every |
privilege year thereafter. The tax shall be in addition to any other taxes authorized by the general |
or public laws. |
(h) Implementing ordinance. Cities and towns that are empowered to impose this tax and |
who choose to impose this tax shall adopt an implementing ordinance. The ordinance shall: |
(1) Designate a municipal entity responsible for determining which properties are vacant |
and abandoned; |
(2) Establish the mechanism by which the tax is imposed and how the tax is removed from |
the property once the property has been rehabilitated; |
(3) Designate a reviewing entity to review and approve a development plan submitted by |
a nonprofit housing organization or an abutter; |
(4) Empower the tax assessor to abate the tax if it is imposed in error or if a nonprofit |
housing organization or an abutter acquires the property for rehabilitation and submits a |
development plan that complies with the provisions of subdivision (i)(2) of this section; |
(i) Exemptions. |
(1) The non-utilization tax authorized by this chapter shall not be imposed on property |
owned by an abutter or a nonprofit housing organization if: |
(i) The abutter or nonprofit housing organization submits a proposed development plan |
which has been approved by the Rhode Island housing resources commission executive office of |
housing or Rhode Island housing and mortgage finance corporation to the reviewing entity; |
(ii) The proposed development plan contains a reasonable timetable for the development |
or reuse of the property; and |
(iii) The reviewing entity determines that the proposed development plan is in accordance |
with the approved comprehensive plan of the city or town and approves it. |
(2) The reviewing entity shall deliver a copy of the approved development plan to the tax |
assessor who shall certify the property as exempt from the non-utilization tax. |
(3) Failure of the nonprofit housing organization or abutter, without good cause, to carry |
out the development or reuse of the property in accordance with the timetable set forth in the |
approved development plan shall result in the property being subject to the non-utilization tax as |
of the first date of assessment following the expiration of the timetable in the approved development |
plan. |
(4) The decision of the reviewing entity denying approval of a development plan may be |
appealed as provided in § 44-5.1-6. |
SECTION 15. Section 44-30.3-1 of the General Laws in Chapter 44-30.3 entitled |
"Residential Lead Abatement Income Tax Credit" is hereby amended to read as follows: |
44-30.3-1. Residential lead abatement tax relief — Limitation. |
(a) Appropriations from the general fund for property tax relief provided by this chapter |
are in the amount of two hundred and fifty thousand dollars ($250,000) for the year commencing |
on July 1, 2004, and for each subsequent fiscal year. |
(b) A claimant shall be entitled to tax relief for residential lead removal or lead hazard |
reduction when he or shethe claimant: (1) obtainsObtains a housing resources commission |
department of health regulated certificate of conformance for mitigation, pursuant to chapter 24.6 |
of title 23; or (2) obtainsObtains a department of health regulated lead safe certificate for |
abatement, pursuant to chapter 24.6 of title 23. The lead paint tax relief shall only apply to |
residential premises. Residential premises shall include single-family homes, individual |
condominiums, and individual units in either apartment buildings or multi-family homes. |
(c) The tax relief shall be equal to the amount actually paid for the required lead abatement |
or lead hazard mitigation up to a maximum of one thousand five hundred dollars ($1,500) per |
dwelling unit for mitigation and up to five thousand dollars ($5,000) per dwelling unit for |
abatement, as specified under subsection (b) above. In the event that: (1) multipleMultiple owners |
of the dwelling unit; or (2) owner(s)Owner(s) along with the renter(s)/lessee(s) of the dwelling unit |
have jointly incurred costs and paid for the lead abatement/lead hazard mitigation, each individual |
must apply for relief as a separate claimant, and must include all required proof of payment and |
certifications, based on their respective contributions to the cost of lead abatement/lead hazard |
mitigation. |
SECTION 16. Section 45-24-46.1 of the General Laws in Chapter 45-24 entitled "Zoning |
Ordinances" is hereby amended to read as follows: |
45-24-46.1. Inclusionary zoning. [Effective January 1, 2025.] |
(a) A zoning ordinance requiring the inclusion of affordable housing as part of a |
development shall provide that the housing will be affordable housing, as defined in § 42-128- |
8.1(d)(1); that the affordable housing will constitute not less than fifteen percent (15%) of the total |
units proposed for the development; and that the units will remain affordable for a period of not |
less than thirty (30) years from initial occupancy enforced through a land lease and/or deed |
restriction enforceable by the municipality and the state of Rhode Island. A zoning ordinance that |
requires the inclusion of affordable housing as part of a development shall specify the threshold in |
which the inclusion of affordable housing is required, but in no event shall a minimum threshold |
triggering the inclusion of affordable housing be higher than ten (10) dwelling units. The total |
number of units for the development may include less than fifteen percent (15%) affordable units |
after the density bonus described in subsection (c) of this section is determined. |
(b) A zoning ordinance that includes inclusionary zoning may provide that the affordable |
housing must be built on-site or it may allow for one or more alternative methods of production, |
including, but not limited to: off-site construction or rehabilitation; donation of land suitable for |
development of the required affordable units; and/or the payment of a fee in lieu of the construction |
or provision of affordable housing units. |
(c) Density bonus, zoning incentives, and municipal subsidies. For all projects subject |
to inclusionary zoning, subject to applicable setback, lot width, or frontage requirements or the |
granting of relief from the same, a municipality shall allow the addition of one market rate unit for |
each affordable unit required and the minimum lot area per dwelling unit normally required in the |
applicable zoning district shall be reduced by that amount necessary to accommodate the |
development. Larger density bonuses for the provision of an increased percentage of affordable |
housing in a development may be provided by a municipality in the zoning ordinance. The total |
number of units for the development shall equal the number originally proposed, including the |
required affordable units, plus the additional units that constitute the density bonus. Local |
regulations shall provide for reasonable relief from dimensional requirements to accommodate the |
bonus density under this section. A municipality shall provide, and an applicant may request, |
additional zoning incentives and/or municipal government subsidies as defined in § 45-53-3 to |
offset differential costs of affordable units. Available zoning incentives and municipal government |
subsidies may be listed in the zoning ordinance, but shall not be an exclusive list. |
(d) Fee-in-lieu. To the extent a municipality provides an option for the payment of a fee- |
in-lieu of the construction or provision of affordable housing, and an application seeks to utilize |
fee-in-lieu, the use of such fee shall be the choice of the developer or builder applied on a per-unit |
basis and may be used for new developments, purchasing property and/or homes, rehabilitating |
properties, or any other manner that creates additional low- or moderate-income housing as defined |
in § 45-53-3(9). |
(1) Eligibility for density bonus. Notwithstanding any other provisions of this chapter, an |
application that utilizes a fee-in-lieu, off-site construction or rehabilitation, or donation of land |
suitable for development of the required affordable units shall not be eligible for the density bonus |
outlined in this section. |
(2) An application that seeks to utilize a fee-in-lieu of the construction or provision of |
affordable housing must be reviewed by the planning board or commission and is not eligible for |
administrative review under the Rhode Island Land Development and Subdivision Review |
Enabling Act of 1992, codified at §§ 45-23-25 — 45-23-74. |
(3) Amount of fee-in-lieu. For affordable single-family homes and condominium units, the |
per-unit fee shall be the difference between the maximum affordable sales price for a family of four |
(4) earning eighty percent (80%) of the area median income as determined annually by the U.S. |
Department of Housing and Urban Development and the average cost of developing a single unit |
of affordable housing. The average cost of developing a single unit of affordable housing shall be |
determined annually based on the average, per-unit development cost of affordable homes financed |
by Rhode Island housing and mortgage finance corporation (RIHMFC) over the previous three (3) |
years, excluding existing units that received preservation financing. |
(i) Notwithstanding subsection (d)(3) of this section, in no case shall the per-unit fee for |
affordable single-family homes and condominium units be less than forty thousand dollars |
($40,000). |
(4) Use of fee-in-lieu. The municipality shall deposit all in-lieu payments into restricted |
accounts that shall be allocated and spent only for the creation and development of affordable |
housing within the municipality serving individuals or families at or below eighty percent (80%) |
of the area median income. The municipality shall maintain a local affordable housing board to |
oversee the funds in the restricted accounts and shall allocate the funds within three (3) years of |
collection. The municipality shall include in the housing element of their local comprehensive plan |
and shall pass by ordinance, the process it will use to allocate the funds. |
(e) As an alternative to the provisions of subsection (d), the municipality may elect to |
transfer in-lieu payments promptly upon receipt or within the three-year (3) period after receipt. A |
municipality shall transfer all fee-in-lieu payments that are not allocated within three (3) years of |
collection, including funds held as of July 1, 2024 2025, to RIHMFC the executive office of housing |
for the purpose of developing affordable housing within that community. Funds shall be deposited |
into the Housing Production Fund established pursuant to § 42-128-2.1. |
(f) Both the municipalities and RIHMFC shall report annually with the first report due |
December 31, 2024, to the general assembly, the secretary of housing, and the housing resources |
commission the amount of fees in lieu collected by community, the projects that were provided |
funding with the fees, the dollar amounts allocated to the projects, and the number of units created. |
SECTION 17. Sections 45-53-3, 45-53-3.2, 45-53-11, 45-53-12 and 45-53-15 of the |
General Laws in Chapter 45-53 entitled "Low and Moderate Income Housing" are hereby amended |
to read as follows: |
45-53-3. Definitions. |
The following words, wherever used in this chapter, unless a different meaning clearly |
appears from the context, have the following meanings: |
(1) "Adjustment(s)" means a request or requests by the applicant to seek relief from the |
literal use and dimensional requirements of the municipal zoning ordinance and/or the design |
standards or requirements of the municipal land development and subdivision regulations. The |
standard for the local review board's consideration of adjustments is set forth in § 45-53- |
4(d)(2)(iii)(E)(II). |
(2) "Affordable housing plan" means a component of a housing element, as defined in § |
45-22.2-4(1), that addresses housing needs in a city or town that is prepared in accordance with |
guidelines adopted by the state planning council, and/or to meet the provisions of § 45-53-4(e)(1) |
and (f). |
(3) "Approved affordable housing plan" means an affordable housing plan that has been |
approved by the director of administration as meeting the guidelines for the local comprehensive |
plan as promulgated by the state planning council; provided, however, that state review and |
approval, for plans submitted by December 31, 2004, shall not be contingent on the city or town |
having completed, adopted, or amended its comprehensive plan as provided for in § 45-22.2-8, § |
45-22.2-9, or § 45-22.2-12. |
(4) "Comprehensive plan" means a comprehensive plan adopted and approved by a city or |
town pursuant to chapters 22.2 and 22.3 of this title. |
(5) "Consistent with local needs" means reasonable in view of the state need for low- and |
moderate-income housing, considered with the number of low-income persons in the city or town |
affected and the need to protect the health and safety of the occupants of the proposed housing or |
of the residents of the city or town, to promote better site and building design in relation to the |
surroundings, or to preserve open spaces, and if the local zoning or land use ordinances, |
requirements, and regulations are applied as equally as possible to both subsidized and |
unsubsidized housing. Local zoning and land use ordinances, requirements, or regulations are |
consistent with local needs when imposed by a city or town council after a comprehensive hearing |
in a city or town where: |
(i) Low- or moderate-income housing exists which is: (A) In the case of an urban city or |
town which has at least 5,000 occupied year-round rental units and the units, as reported in the |
latest decennial census of the city or town, comprise twenty-five percent (25%) or more of the year- |
round housing units, and is in excess of fifteen percent (15%) of the total occupied year-round |
rental units; or (B) In the case of all other cities or towns, is in excess of ten percent (10%) of the |
year-round housing units reported in the census. |
(ii) The city or town has promulgated zoning or land use ordinances, requirements, and |
regulations to implement a comprehensive plan that has been adopted and approved pursuant to |
chapters 22.2 and 22.3 of this title, and the housing element of the comprehensive plan provides |
for low- and moderate-income housing in excess of either ten percent (10%) of the year-round |
housing units or fifteen percent (15%) of the occupied year-round rental housing units as provided |
in subsection (5)(i). |
(iii) Multi-family rental units built under a comprehensive permit may be calculated |
towards meeting the requirements of a municipality's low- or moderate-income housing inventory, |
as long as the units meet and are in compliance with the provisions of § 45-53-3.1. |
(6) "Infeasible" means any condition brought about by any single factor or combination of |
factors, as a result of limitations imposed on the development by conditions attached to the approval |
of the comprehensive permit, to the extent that it makes it financially or logistically impracticable |
for any applicant to proceed in building or operating low- or moderate-income housing within the |
limitations set by the subsidizing agency of government or local review board, on the size or |
character of the development, on the amount or nature of the subsidy, or on the tenants, rentals, and |
income permissible, and without substantially changing the rent levels and unit sizes proposed by |
the applicant. |
(7) "Letter of eligibility" means a letter issued by the Rhode Island housing and mortgage |
finance corporation in accordance with § 42-55-5.3(a). |
(8) "Local review board" means the planning board as defined by § 45-22.2-4. |
(9) "Low- or moderate-income housing" shall be synonymous with "affordable housing" |
as defined in § 42-128-8.1, and further means any type of housing whether built or operated by any |
public agency or any nonprofit organization or by any limited equity housing cooperative or any |
private developer, that is subsidized by a federal, state, or municipal government subsidy under any |
program to assist the construction or rehabilitation of affordable housing and that will remain |
affordable through a land lease and/or deed restriction for ninety-nine (99) years or such other |
period that is either agreed to by the applicant and town or prescribed by the federal, state, or |
municipal government subsidy program but that is not less than thirty (30) years from initial |
occupancy. |
(i) Any housing unit that qualifies under this subsection (9) and under § 42-128-8.1 shall |
be counted as one whole unit toward the municipality's requirement for low- or moderate-income |
housing. |
(ii) Any mobile or manufactured home(s) that meet the requirements of § 42-128- |
8.1(d)(1)(ii) but are not subsidized by a federal, state, or municipal government subsidy and/or do |
not have a deed restriction or land lease as described in this subsection (9), shall count as one-half |
(½) of one unit for the purpose of the calculation of the total of low- or moderate-income year- |
round housing within a city or town, as long as a municipality contracts with a monitoring agent to |
verify that the requirements of § 42-128-8.1(d)(1)(ii) are met for these units. Such units shall not |
be required to meet the income verification requirements of § 42-128-8.1. The monitoring agent |
shall provide a listing of the eligible units to Rhode Island Housing, who shall provide a report as |
to the qualifying mobile or manufactured homes under this subsection (9) to the governor, speaker |
of the house of representatives, senate president, and secretary of housing on an annual basis, |
beginning on or before December 31, 2025. |
(iii) Low- or moderate-income housing also includes rental property located within a |
municipality that is secured with a federal government rental assistance voucher. |
(iv) For the period beginning on or after July 1, 2024, any housing unit that qualifies as |
low- or moderate-income housing under this subsection (9) and under § 42-128-8.1 and any rental |
property secured with a federal government rental assistance voucher that does not otherwise meet |
the other requirements to qualify as low- or moderate-income housing under this section shall be |
counted as one whole unit toward the municipality's requirement for low- or moderate-income |
housing, as long as a municipality confirms with the issuing authority that the voucher is in good |
standing and active. |
(10) "Meeting local housing needs" means as a result of the adoption of the implementation |
program of an approved affordable housing plan, the absence of unreasonable denial of applications |
that are made pursuant to an approved affordable housing plan in order to accomplish the purposes |
and expectations of the approved affordable housing plan, and a showing that at least twenty percent |
(20%) of the total residential units approved by a local review board or any other municipal board |
in a calendar year are for low- and moderate-income housing as defined in § 42-128-8.1. |
(11) "Monitoring agents" means those monitoring agents appointed by the Rhode Island |
housing resources commission executive office of housing pursuant to § 45-53-3.2 and to provide |
the monitoring and oversight set forth in this chapter, including, but not limited to, §§ 45-53-3.2 |
and 45-53-4. |
(12) "Municipal government subsidy" means assistance that is made available through a |
city or town program sufficient to make housing affordable, as affordable housing is defined in § |
42-128-8.1(d)(1); such assistance shall include a combination of, but is not limited to, direct |
financial support, abatement of taxes, waiver of fees and charges, and approval of density bonuses |
and/or internal subsidies, zoning incentives, and adjustments as defined in this section and any |
combination of forms of assistance. |
45-53-3.2. Approved monitoring agent program. |
(a) There is hereby established an approved monitoring agent program (the "program"). |
Effective July 1, 2022, the Rhode Island housing resources commission (the "commission") |
established pursuant to chapter 128 of title 42 shall appoint and oversee approved monitoring agents |
as part of this program. |
(b) On or before July 1, 2023, the commission shall promulgate rules and regulations |
pursuant to chapter 35 of title 42 ("administrative procedures") for the implementation of the |
program, which shall include a process for the selection and approval of monitoring agents. These |
rules and regulations shall be prepared to ensure the selection and appointment of organizations |
that shall be capable of monitoring and ensuring that municipally subsidized housing developments |
remain affordable, and that income-eligible buyers and tenants are occupying these units. The |
commission shall appoint these monitoring agents, who shall serve for terms of not more than five |
(5) consecutive years; provided that, the term of an approved monitoring agent may be renewed by |
the commission. |
(c) As used in this section, the term "LMI" means low- and moderate-income housing and |
includes area median-income levels as established by the U.S. Department of Housing and Urban |
Development ("HUD"). |
(d) Specific duties of approved monitoring agents shall include, but not be limited to, the |
following: |
(1) To oversee, monitor, and ensure that tenants in LMI rental units meet income limits |
annually and that monthly rental rates are consistent with the low- and moderate-income guidelines |
and the recorded deed restrictions; |
(2) To oversee, monitor, and ensure that LMI homeownership units continue to serve as |
the owners' year-round principal residences; monitor and ensure that any proposed refinance of a |
LMI unit during the period in which a deed restriction is in effect is in compliance with program |
requirements: in the case of the resale of any LMI unit during the period in which a deed restriction |
is in effect, the maximum sales price is consistent with the recorded deed restriction and that the |
proposed buyer of the LMI unit meets the income limits as defined within the recorded deed |
restriction; |
(3) To oversee, monitor and ensure any LMI accessory dwelling unit being counted is in |
compliance with the following requirements: |
(i) An annual lease; and |
(ii) The accessory dwelling unit is occupied by a household whose income does not exceed |
eighty percent (80%) of the area median income (AMI), adjusted for family size; and |
(iii) The cost of rent, heat, and utilities other than telephone, cable, and internet, based on |
the number of the bedrooms in the unit does not exceed thirty percent (30%) of the gross annual |
household income for a household with eighty percent (80%) or less of area median income, |
adjusted for family size as certified by the selected approved monitoring agent; |
(4) Any other provision contained in chapter 24 of this title that reasonably relates to |
affordable housing compliance and enforcement; and |
(5) Such other duties as the commission sets forth in its rules and regulations for the |
monitoring agents. |
(e) The commission shall also promulgate rules and regulations providing for the terms of |
engagement of the approved monitoring agents, standards for approval and recertification of the |
approved monitoring agents, and establish reporting requirements for the approved monitoring |
agents to the commission. |
(f) Commencing on or before January 1, 2023, and on or before January 1 thereafter, the |
commission shall prepare a report on the approved monitoring agent program to the governor, the |
speaker of the house, the president of the senate, and the secretary of housing. Effective July 1, |
2025, all responsibilities of the commission related to the program shall be transferred to the |
executive office of housing. |
45-53-11. Annual comprehensive permit report. |
(a) The department executive office of housing ("executive office") shall maintain records |
and shall prepare a report ("report") on an annual basis to be submitted to the speaker of the house, |
and the president of the senate, and the housing resources commission. The report shall also be |
made available on the department's executive office's website for a period of at least three (3) years, |
and shall also be deemed to be a public record. The report shall be due on or before March 15, of |
each year, commencing in calendar year 2023. |
(b) The report required by this section shall contain the following for the preceding twelve- |
month (12) calendar period covered by the report: |
(1) The number of letters of eligibility issued for low- and moderate-income housing for |
applications made pursuant to this chapter and § 42-55-5.3, the federal, state, and municipal subsidy |
programs under which they were eligible, and the number of proposed subsidized units involved, |
by city and town, during the preceding calendar year, as provided by the Rhode Island housing |
corporation. |
(2) The status of each comprehensive permit application for which a letter of eligibility |
was issued disaggregated by municipality. |
(3) The number of comprehensive permit applications that have had building permits |
issued, including the number of market rate housing units, the number of low- and moderate- |
income housing units, and the AMI restrictions associated both pursuant to § 45-53-4, aggregated |
by the total number of such applications in the state and disaggregated by each municipality in the |
state. |
(4) The number of comprehensive permit applications that have had certificates of |
occupancy issued, aggregated by the total number of such applications in the state and |
disaggregated by each municipality in the state. |
(c) Each municipality shall annually provide to the department executive office the |
information on comprehensive permit activity described in subsection (b) of this section by |
February 1. |
45-53-12. Annual report. |
(a) The Rhode Island housing corporation established pursuant to chapter 55 of title 42 (the |
"corporation") shall collect data on the number of Section 8 Housing Choice Vouchers, as |
authorized by 42 U.S.C. § 1437(f) ("vouchers"), that are received and utilized by the public housing |
authorities (PHA) and agencies. |
(b)(a) The office of housing and community development (OHCD) executive office of |
housing shall prepare a report ("report") on an annual basis to the general assembly, the housing |
resources commission, the Rhode Island housing and mortgage finance corporation, and the |
division of statewide planning, and the secretary of housing. The report required by this section |
shall be made available on the OHCD executive office of housing website for a period of at least |
three (3) years, and shall be deemed to be a public record. The report shall be due on or before |
March 1 April 15 of each year, commencing in the calendar year 2023. |
(c)(b) The annual report required by this section shall contain the following information |
for the twelve-month (12) calendar period covered by the report commencing January 1, 2022, |
through December 31, 2022, and annually thereafter on an aggregated and disaggregated basis by |
each public housing authority: |
(1) The total amount of fees in lieu collected by each municipality from developers in lieu |
of development of low- and moderate-income housing as defined in § 45-24-46.1, the projects that |
were provided funding by the fees, the amounts allocated to the projects, and the number of units |
created. The information required by this subsection shall be provided by all municipalities directly |
to the executive office of housing. |
(2) The number of unfunded vouchers that result either due to cost of rent or due to an |
unavailability of housing units amount of "leasing potential" as defined by the United States |
Department of Housing and Urban Development. The information required by this subsection shall |
be provided by all public housing authorities or agencies directly to the office of housing and |
community development (OHCD) executive office of housing. |
(3) The total number of vouchers received and utilized by all public housing authorities in |
the state during the preceding calendar year. |
(4) The administrative fees received and utilized by the public housing authorities to |
administer the vouchers. |
(d)(c) As used herein, the term "public housing authority and agency" means and includes |
any public housing authority or agency established under chapter 25 of this title or chapter 26 of |
this title. |
45-53-15. Annual reports. |
(a) The Rhode Island housing and mortgage finance corporation established pursuant to § |
42-55-4 (the "corporation") shall provide the annual reports pursuant to subsections (b) and (c) of |
this section to the speaker of the house, the president of the senate, the housing resources |
commission, the division of statewide planning, and the secretary of housing. Reports shall be made |
available on the corporation's website for a period of at least three (3) years, and shall be deemed |
to be a public record. Reports shall be due on or before March 15, of each year, commencing in the |
calendar year 2023. |
(b) Report on Rhode Island housing and mortgage finance corporation housing |
development and preservation activity. This report shall include the following information: |
(1) The identity of projects that have been provided funding by the corporation for housing |
development or preservation and that closed on that financing by December 31 of the previous |
calendar year; |
(2) The total aggregate of funds, in dollar amounts, that have been provided to projects by |
the corporation for housing development or preservation and that closed on that financing by |
December 31, of the previous calendar year, as well as those amounts disaggregated by each |
project; and |
(3) The number of housing units that received funding from the corporation for housing |
development or preservation that received a certificate of occupancy in the previous calendar year, |
both in total and disaggregated by project. |
(c) Report on tax payments made by affordable housing developments to municipalities |
pursuant to § 44-5-13.11. This report shall include data aggregated by all the municipalities and |
disaggregated by each individual municipality on the total amount of fees collected in the previous |
calendar year by municipalities on any assessment and taxation made pursuant to § 44-5-13.11. |
(d) With regard to the report in subsection (c) of this section, all municipalities in the state |
shall annually submit to the corporation by January 15, of each year, the total amount of fees |
collected in the previous calendar year by the municipality on any assessment and taxation made |
pursuant to § 44-5-13.11 disaggregated by individual development. |
SECTION 18. Section 45-53-13 of the General Laws in Chapter 45-53 entitled "Low and |
Moderate Income Housing" is hereby repealed. |
45-53-13. Annual status report on appeals. |
(a) The Rhode Island housing resources commission established pursuant to chapter 128 |
of title 42 (the "commission") shall maintain accurate records and shall prepare an annual status |
report ("status report") on all active cases and appeals pending before the state housing appeals |
board (the "board"). The status report shall be forwarded to the secretary of housing, the speaker of |
the house, and the president of the senate. Each report shall also be made available on the |
commission's website for a period of at least three (3) years, and shall also be deemed to be a public |
record. The report shall be due on or before March 15 of each year, commencing in the calendar |
year 2023. |
(b) The report required by this section shall contain the following information for the |
twelve-month (12) calendar period covered by the report: |
(1) The total number of appeals pending before the board; |
(2) The number of appeals for which a decision has been rendered, have been settled by |
agreement, or have otherwise been disposed of during the previous calendar year; |
(3) The number of board decisions which were appealed in the previous calendar year and |
the status of those cases; and |
(4) The length of time for the board to decide appeals in the previous calendar year |
aggregated by: |
(i) Appeals decided by the board within six (6) months; |
(ii) Appeals decided by the board within six (6) to nine (9) months; and |
(iii) Appeals decided by the board in more than nine (9) months. |
SECTION 19. This article shall take effect upon passage. |