2024 -- S 2993 | |
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LC005872 | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2024 | |
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A N A C T | |
RELATING TO STATE AFFAIRS AND GOVERNMENT -- RHODE ISLAND HOUSING | |
RESOURCES ACT OF 1998 | |
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Introduced By: Senators DiPalma, Ciccone, Britto, Zurier, and F. Lombardi | |
Date Introduced: April 16, 2024 | |
Referred To: Senate Housing & Municipal Government | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Section 42-128-8.1 of the General Laws in Chapter 42-128 entitled "Rhode |
2 | Island Housing Resources Act of 1998" is hereby amended to read as follows: |
3 | 42-128-8.1. Housing production and rehabilitation. |
4 | (a) Short title. This section shall be known and may be cited as the “Comprehensive |
5 | Housing Production and Rehabilitation Act of 2004.” |
6 | (b) Findings. The general assembly finds and declares that: |
7 | (1) The state must maintain a comprehensive housing strategy applicable to all cities and |
8 | towns that addresses the housing needs of different populations including, but not limited to, |
9 | workers and their families who earn less than one hundred twenty percent (120%) of median |
10 | income, older citizens, students attending institutions of higher education, low- and very-low |
11 | income individuals and families, and vulnerable populations including, but not limited to, persons |
12 | with disabilities, homeless individuals and families, and individuals released from correctional |
13 | institutions. |
14 | (2) Efforts and programs to increase the production of housing must be sensitive to the |
15 | distinctive characteristics of cities and towns, neighborhoods, and areas and the need to manage |
16 | growth and to pace and phase development, especially in high-growth areas. |
17 | (3) The state in partnership with local communities must remove barriers to housing |
18 | development and update and maintain zoning and building regulations to facilitate the construction, |
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1 | rehabilitation of properties and retrofitting of buildings for use as safe affordable housing. |
2 | (4) Creative funding mechanisms are needed at the local and state levels that provide |
3 | additional resources for housing development, because there is an inadequate amount of federal |
4 | and state subsidies to support the affordable housing needs of Rhode Island’s current and projected |
5 | population. |
6 | (5) Innovative community planning tools, including, but not limited to, density bonuses |
7 | and permitted accessory dwelling units, are needed to offset escalating land costs and project |
8 | financing costs that contribute to the overall cost of housing and tend to restrict the development |
9 | and preservation of housing affordable to very-low income, low-income, and moderate-income |
10 | persons. |
11 | (6) The gap between the annual increase in personal income and the annual increase in the |
12 | median sales price of a single-family home is growing, therefore, the construction, rehabilitation |
13 | and maintenance of affordable, multi-family housing needs to increase to provide more rental |
14 | housing options to individuals and families, especially those who are unable to afford |
15 | homeownership of a single-family home. |
16 | (7) The state needs to foster the formation of cooperative partnerships between |
17 | communities and institutions of higher education to significantly increase the amount of residential |
18 | housing options for students. |
19 | (8) The production of housing for older citizens as well as urban populations must keep |
20 | pace with the next twenty-year (20) projected increases in those populations of the state. |
21 | (9) Efforts must be made to balance the needs of Rhode Island residents with the ability of |
22 | the residents of surrounding states to enter into Rhode Island’s housing market with much higher |
23 | annual incomes at their disposal. |
24 | (c) Strategic plan. The commission, in conjunction with the statewide planning program, |
25 | shall develop by July 1, 2006, a five-year (5) strategic plan for housing, which plan shall be adopted |
26 | as an element of the state guide plan, and which shall include quantified goals, measurable |
27 | intermediate steps toward the accomplishment of the goals, implementation activities, and |
28 | standards for the production and/or rehabilitation of year-round housing to meet the housing needs |
29 | including, but not limited to, the following: |
30 | (1) Older Rhode Islanders, including senior citizens, appropriate, affordable housing |
31 | options; |
32 | (2) Workers, housing affordable at their income level; |
33 | (3) Students, dormitory, student housing and other residential options; |
34 | (4) Low-income and very-low income households, rental housing; |
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1 | (5) Persons with disabilities, appropriate housing; and |
2 | (6) Vulnerable individuals and families, permanent housing, single-room occupancy units, |
3 | transitional housing and shelters. |
4 | (d) As used in this section and for the purposes of the preparation of affordable housing |
5 | plans as specified in chapter 22.2 of title 45, words and terms shall have the meaning set forth in |
6 | chapter 22.2 of title 45, chapter 53 of title 45, and/or § 42-11-10, unless this section provides a |
7 | different meaning or unless the context indicates a different meaning or intent. |
8 | (1) “Affordable housing” means residential housing that has a sales price or rental amount |
9 | that is within the means of a household that is moderate income or less. In the case of dwelling |
10 | units for sale, housing that is affordable means housing in which principal, interest, taxes, which |
11 | may be adjusted by state and local programs for property tax relief, and insurance constitute no |
12 | more than thirty percent (30%) of the gross household income for a household with less than one |
13 | hundred and twenty percent (120%) of area median income, adjusted for family size. Provided, |
14 | however, that exclusively for the residents of New Shoreham, their affordable housing eligibility |
15 | standards shall include households whose adjusted gross income is less than one hundred forty |
16 | percent (140%) of their residents’ median income, adjusted for family size. In the case of dwelling |
17 | units for rent, housing that is affordable means housing for which the rent, heat, and utilities other |
18 | than telephone constitute no more than thirty percent (30%) of the gross annual household income |
19 | for a household with eighty percent (80%) or less of area median income, adjusted for family size. |
20 | (i) Affordable housing shall include all types of year-round housing, including, but not |
21 | limited to: manufactured housing; housing originally constructed for workers and their families; |
22 | accessory dwelling units; housing accepting rental vouchers and/or tenant-based certificates under |
23 | Section 8 of the United States Housing Act of 1937, as amended; and assisted living housing, where |
24 | the sales or rental amount of such housing, adjusted for any federal, state, or municipal government |
25 | subsidy, is less than or equal to thirty percent (30%) of the gross household income of the low |
26 | and/or moderate income occupants of the housing. |
27 | (ii) Mobile and manufactured homes as defined in chapter 44 of title 31 shall also be |
28 | included as affordable housing if such home constitutes a primary residence of the occupant or |
29 | occupants; and such home is located within a community owned by the residents; and such home |
30 | complies with the Manufactured Home Construction and Safety Standards of the United States |
31 | Department of Housing and Urban Development. |
32 | (i)(iii) In that New Shoreham has reached its ten percent (10%) low- and moderate-income |
33 | housing goal, and for so long as they maintain at least ten percent (10%) of their year-round housing |
34 | stock as low- and moderate-income housing as defined in § 45-53-3(4)(ii), and inasmuch as there |
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1 | are provable economic impacts related to the municipalities’ substantial offshore location, |
2 | residential housing units produced for sale in which principal, interest, taxes, which may be |
3 | adjusted by state and local programs for property tax relief, and insurance constitute no more than |
4 | thirty percent (30%) of the gross household income for a household with less than one hundred |
5 | forty percent (140%) of the area median income, adjusted for family size, shall be counted towards |
6 | the municipalities’ low- and moderate-income housing inventory as defined in § 45-53-3(9). |
7 | (2) “Affordable housing plan” means a plan prepared and adopted by a town or city either |
8 | to meet the requirements of chapter 53 of title 45 or to meet the requirements of § 45-22.2-10(f), |
9 | which require that comprehensive plans and the elements thereof be revised to conform with |
10 | amendments to the state guide plan. |
11 | (3) “Approved affordable housing plan” means an affordable housing plan that has been |
12 | reviewed and approved in accordance with § 45-22.2-9. |
13 | (4) “Moderate-income household” means a single person, family, or unrelated persons |
14 | living together whose adjusted gross income is more than eighty percent (80%) but less than one |
15 | hundred twenty percent (120%) of the area median income, adjusted for family size. |
16 | (5) “Seasonal housing” means housing that is intended to be occupied during limited |
17 | portions of the year. |
18 | (6) “Year-round housing” means housing that is intended to be occupied by people as their |
19 | usual residence and/or vacant units that are intended by their owner for occupancy at all times of |
20 | the year; occupied rooms or suites of rooms in hotels are year-round housing only when occupied |
21 | by permanent residents as their usual place of residence. |
22 | (e) The strategic plan shall be updated and/or amended as necessary, but not less than once |
23 | every five (5) years. |
24 | (f) Upon the adoption of the strategic plan as an element of the state guide plan, towns and |
25 | cities shall bring their comprehensive plans into conformity with its requirements, in accordance |
26 | with the timetable set forth in § 45-22.2-10(f); provided, however, that any town that has adopted |
27 | an affordable housing plan in order to comply with the provisions of chapter 53 of title 45, which |
28 | has been approved for consistency pursuant to § 45-22.2-9, shall be deemed to satisfy the |
29 | requirements of the strategic plan for low- and moderate-income housing until such time as the |
30 | town must complete its next required comprehensive community plan update. |
31 | (g) Guidelines. The commission shall advise the state planning council and the state |
32 | planning council shall promulgate and adopt not later than July 1, 2006, guidelines for higher |
33 | density development, including, but not limited to: (1) Inclusionary zoning provisions for low- and |
34 | moderate-income housing with appropriate density bonuses and other subsidies that make the |
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1 | development financially feasible; and (2) Mixed-use development that includes residential |
2 | development, which guidelines shall take into account infrastructure availability; soil type and land |
3 | capacity; environmental protection; water supply protection; and agricultural, open space, historical |
4 | preservation, and community development pattern constraints. |
5 | (h) The statewide planning program shall maintain a geographic information system map |
6 | that identifies, to the extent feasible, areas throughout the state suitable for higher density |
7 | residential development consistent with the guidelines adopted pursuant to subsection (g). |
8 | SECTION 2. Section 45-53-3 of the General Laws in Chapter 45-53 entitled "Low and |
9 | Moderate Income Housing" is hereby amended to read as follows: |
10 | 45-53-3. Definitions. [Effective January 1, 2024.] |
11 | The following words, wherever used in this chapter, unless a different meaning clearly |
12 | appears from the context, have the following meanings: |
13 | (1) “Adjustment(s)” means a request or requests by the applicant to seek relief from the |
14 | literal use and dimensional requirements of the municipal zoning ordinance and/or the design |
15 | standards or requirements of the municipal land development and subdivision regulations. The |
16 | standard for the local review board’s consideration of adjustments is set forth in § 45-53- |
17 | 4(d)(2)(iii)(E)(II). |
18 | (2) “Affordable housing plan” means a component of a housing element, as defined in § |
19 | 45-22.2-4(1), that addresses housing needs in a city or town that is prepared in accordance with |
20 | guidelines adopted by the state planning council, and/or to meet the provisions of § 45-53-4(e)(1) |
21 | and (f). |
22 | (3) “Approved affordable housing plan” means an affordable housing plan that has been |
23 | approved by the director of administration as meeting the guidelines for the local comprehensive |
24 | plan as promulgated by the state planning council; provided, however, that state review and |
25 | approval, for plans submitted by December 31, 2004, shall not be contingent on the city or town |
26 | having completed, adopted, or amended its comprehensive plan as provided for in § 45-22.2-8, § |
27 | 45-22.2-9, or § 45-22.2-12. |
28 | (4) “Comprehensive plan” means a comprehensive plan adopted and approved by a city or |
29 | town pursuant to chapters 22.2 and 22.3 of this title. |
30 | (5) “Consistent with local needs” means reasonable in view of the state need for low- and |
31 | moderate-income housing, considered with the number of low-income persons in the city or town |
32 | affected and the need to protect the health and safety of the occupants of the proposed housing or |
33 | of the residents of the city or town, to promote better site and building design in relation to the |
34 | surroundings, or to preserve open spaces, and if the local zoning or land use ordinances, |
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1 | requirements, and regulations are applied as equally as possible to both subsidized and |
2 | unsubsidized housing. Local zoning and land use ordinances, requirements, or regulations are |
3 | consistent with local needs when imposed by a city or town council after a comprehensive hearing |
4 | in a city or town where: |
5 | (i) Low- or moderate-income housing exists which is: (A) In the case of an urban city or |
6 | town which has at least 5,000 occupied year-round rental units and the units, as reported in the |
7 | latest decennial census of the city or town, comprise twenty-five percent (25%) or more of the year- |
8 | round housing units, and is in excess of fifteen percent (15%) of the total occupied year-round |
9 | rental units; or (B) In the case of all other cities or towns, is in excess of ten percent (10%) of the |
10 | year-round housing units reported in the census. Mobile and/or manufactured homes qualifying as |
11 | affordable housing under the definition of affordable housing in § 42-128-8.1(d), shall each count |
12 | toward one-half percent (0.5%) of year round housing units for purposes of the calculation of low- |
13 | and moderate-income housing units within a city or town, and shall not require a subsidy as a |
14 | requirement to be counted toward the calculation of low- and moderate-income housing units. |
15 | (ii) The city or town has promulgated zoning or land use ordinances, requirements, and |
16 | regulations to implement a comprehensive plan that has been adopted and approved pursuant to |
17 | chapters 22.2 and 22.3 of this title, and the housing element of the comprehensive plan provides |
18 | for low- and moderate-income housing in excess of either ten percent (10%) of the year-round |
19 | housing units or fifteen percent (15%) of the occupied year-round rental housing units as provided |
20 | in subsection (5)(i). |
21 | (iii) Multi-family rental units built under a comprehensive permit may be calculated |
22 | towards meeting the requirements of a municipality’s low- or moderate-income housing inventory, |
23 | as long as the units meet and are in compliance with the provisions of § 45-53-3.1. |
24 | (6) “Infeasible” means any condition brought about by any single factor or combination of |
25 | factors, as a result of limitations imposed on the development by conditions attached to the approval |
26 | of the comprehensive permit, to the extent that it makes it financially or logistically impracticable |
27 | for any applicant to proceed in building or operating low- or moderate-income housing within the |
28 | limitations set by the subsidizing agency of government or local review board, on the size or |
29 | character of the development, on the amount or nature of the subsidy, or on the tenants, rentals, and |
30 | income permissible, and without substantially changing the rent levels and unit sizes proposed by |
31 | the applicant. |
32 | (7) “Letter of eligibility” means a letter issued by the Rhode Island housing and mortgage |
33 | finance corporation in accordance with § 42-55-5.3(a). |
34 | (8) “Local review board” means the planning board as defined by § 45-22.2-4. |
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1 | (9) “Low- or moderate-income housing” shall be synonymous with “affordable housing” |
2 | as defined in § 42-128-8.1, and further means any housing whether built or operated by any public |
3 | agency or any nonprofit organization or by any limited equity housing cooperative or any private |
4 | developer, that is subsidized by a federal, state, or municipal government subsidy under any |
5 | program to assist the construction or rehabilitation of affordable housing and that will remain |
6 | affordable through a land lease and/or deed restriction for ninety-nine (99) years or such other |
7 | period that is either agreed to by the applicant and town or prescribed by the federal, state, or |
8 | municipal government subsidy program but that is not less than thirty (30) years from initial |
9 | occupancy. |
10 | (10) “Meeting local housing needs” means as a result of the adoption of the implementation |
11 | program of an approved affordable housing plan, the absence of unreasonable denial of applications |
12 | that are made pursuant to an approved affordable housing plan in order to accomplish the purposes |
13 | and expectations of the approved affordable housing plan, and a showing that at least twenty percent |
14 | (20%) of the total residential units approved by a local review board or any other municipal board |
15 | in a calendar year are for low- and moderate-income housing as defined in § 42-128-8.1. |
16 | (11) “Monitoring agents” means those monitoring agents appointed by the Rhode Island |
17 | housing resources commission pursuant to § 45-53-3.2 and to provide the monitoring and oversight |
18 | set forth in this chapter, including, but not limited to, §§ 45-53-3.2 and 45-53-4. |
19 | (12) “Municipal government subsidy” means assistance that is made available through a |
20 | city or town program sufficient to make housing affordable, as affordable housing is defined in § |
21 | 42-128-8.1(d)(1); such assistance shall include a combination of, but is not limited to, direct |
22 | financial support, abatement of taxes, waiver of fees and charges, and approval of density bonuses |
23 | and/or internal subsidies, zoning incentives, and adjustments as defined in this section and any |
24 | combination of forms of assistance. |
25 | SECTION 3. This act shall take effect upon passage. |
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EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO STATE AFFAIRS AND GOVERNMENT -- RHODE ISLAND HOUSING | |
RESOURCES ACT OF 1998 | |
*** | |
1 | This act would provide that mobile and manufactured homes be included as affordable |
2 | housing under certain conditions. |
3 | This act would take effect upon passage. |
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LC005872 | |
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