2026 -- H 7226 | |
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LC003629 | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2026 | |
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A N A C T | |
RELATING TO STATE AFFAIRS AND GOVERNMENT -- RHODE ISLAND HOUSING | |
AND MORTGAGE FINANCE CORPORATION | |
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Introduced By: Representatives Chippendale, Place, Nardone, J. Brien, Newberry, | |
Date Introduced: January 21, 2026 | |
Referred To: House Municipal Government & Housing | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Section 42-55-5 of the General Laws in Chapter 42-55 entitled "Rhode Island |
2 | Housing and Mortgage Finance Corporation" is hereby amended to read as follows: |
3 | 42-55-5. General powers. |
4 | The corporation shall have all of the powers necessary and convenient to carry out and |
5 | effectuate the purposes and provisions of this chapter; including, but without limiting the generality |
6 | of the foregoing, the power to: |
7 | (1) Sue and be sued in its own name; |
8 | (2) Have an official seal and alter it at pleasure; |
9 | (3) Have perpetual succession; |
10 | (4) Maintain an office in the city of Providence or at any other place or places within this |
11 | state as it may designate; |
12 | (5) Adopt and from time to time amend and repeal bylaws, rules, and regulations, not |
13 | inconsistent with this chapter, to carry into effect the powers and purposes of the corporation and |
14 | the conduct of its business, and such bylaws, rules, and regulations may contain provisions |
15 | indemnifying any person who is or was a commissioner, officer, employee, or agent of the |
16 | corporation, or is or was serving at the request of the corporation as a commissioner, director, |
17 | officer, employee, or agent of another corporation, partnership, joint venture, trust, or other |
18 | enterprise, in the manner and to the extent provided in § 7-1.2-814; |
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1 | (6) Make and execute contracts and all other instruments necessary or convenient for the |
2 | exercise of its powers and functions under this chapter; |
3 | (7) Acquire real or personal property, or any interest therein, on either a temporary or long |
4 | term basis in its own name by gift, purchase, transfer, foreclosure, lease, or otherwise, including |
5 | rights or easements in property; to hold, sell, assign, lease, encumber, mortgage, or otherwise |
6 | dispose of any real or personal property or any interest therein; to hold, sell, assign, or otherwise |
7 | dispose of any mortgage interest owned by it or under its control, custody or in its possession; and |
8 | to release or relinquish any right, title, claim, lien, interest, easement, or demand, however acquired, |
9 | including any equity or right of redemption in property foreclosed by it, and to do any of the |
10 | foregoing by public or private sale, with or without public bidding, notwithstanding the provisions |
11 | of any other law; |
12 | (8) Enter into agreements or other transactions with and accept grants and the cooperation |
13 | of the United States or any governmental agency or instrumentality thereof or of the state or any |
14 | governmental agency or instrumentality thereof in furtherance of the purposes of this chapter, |
15 | including, but not limited to, the development, maintenance, operation, and financing of any |
16 | housing development, housing project, or healthcare facility, and to do any and all things necessary |
17 | in order to avail itself of such aid and cooperation; |
18 | (9) Make contracts with the state or any governmental agency thereof, municipalities, and |
19 | counties of the state, the federal government, public corporations or bodies, and private |
20 | corporations or individuals; |
21 | (10) Receive and accept aid or contributions from any source of money, property, labor, or |
22 | other things of value, to be held, used, and applied to carry out the purposes of this chapter subject |
23 | to the conditions upon which the grants and contributions may be made, including, but not limited |
24 | to, gifts or grants from any governmental agency or instrumentality of the United States or this state |
25 | for payment of rent supplements to eligible persons or families or for the payment in whole or in |
26 | part of the interest expense for a housing development, housing project, or healthcare facility or for |
27 | any other purpose consistent with this chapter; |
28 | (11) Provide, contract, or arrange for consolidated processing of any aspect of a housing |
29 | development, housing project, or healthcare facility in order to avoid duplication thereof by either |
30 | undertaking that processing in whole or in part on behalf of any governmental agency, or |
31 | instrumentality of the United States or of this state, or, in the alternative, to delegate the processing |
32 | in whole or in part to any governmental agency or instrumentality; |
33 | (12) Stimulate environmental planning for housing for persons of low and moderate |
34 | income in order to enhance opportunities of those persons for self-development and employment; |
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1 | (13) Employ architects, engineers, attorneys, accountants, housing construction and |
2 | financial experts, and any other advisors, consultants, and agents that may be necessary in its |
3 | judgment and to fix their compensation; |
4 | (14) Procure insurance against any loss in connection with its property and other assets, |
5 | including mortgages and mortgage loans, in any amounts and from any insurers as it deems |
6 | desirable; |
7 | (15) Subject to any agreement with bondholders or note holders, invest monies of the |
8 | corporation not required for immediate use, including proceeds from the sale of any bonds or notes, |
9 | in any securities, obligations, time or other deposit accounts as shall be permitted by law for |
10 | investment or deposit of state funds by the general treasurer and in secured promissory notes held |
11 | by municipal corporations which notes represent the borrowings by third parties of federal grants; |
12 | (16) Include in any borrowing any amount deemed necessary by the corporation to pay |
13 | financing charges, interest on these obligations for any period the corporation shall permit, |
14 | consultant, advisory and legal fees, and those other expenses that are necessary or incident to this |
15 | borrowing; |
16 | (17) Subject to any agreements with bondholders or note holders, to purchase bonds or |
17 | notes of the corporation out of any funds or money of the corporation available for this purpose, |
18 | and to hold, cancel, or resell those bonds or notes; |
19 | (18) Make and publish rules and regulations respecting its lending programs and any other |
20 | rules and regulations that are necessary to effectuate its corporate purposes; |
21 | (19) Make and execute contracts with mortgage bankers or other financial institutions in |
22 | this state for the servicing of mortgages acquired by the corporation pursuant to this chapter, and |
23 | pay the reasonable value of services rendered to the corporation pursuant to these contracts; |
24 | (20) Subject to any agreement with bondholders or note holders, renegotiate, refinance, or |
25 | foreclose, or contract for the foreclosure of, any mortgage in default; waive any default or consent |
26 | to the modification of the terms of any mortgage; commence any action to protect or enforce any |
27 | right conferred upon it by any law, mortgage, contract, or other agreement, and bid for and purchase |
28 | property at any foreclosure or at any other sale, or acquire or take possession of property; operate, |
29 | manage, lease, dispose of, and otherwise deal with this property, in any manner necessary to protect |
30 | the interest of the corporation and the holders of its bonds, notes, and other obligations; |
31 | (21) Borrow money and issue bonds and notes or other evidences of indebtedness; |
32 | (22) Subject to any agreement with bondholders or note holders, consent to any |
33 | modification with respect to rate of interest, time, and payment of any installment of principal or |
34 | interest security or any other term of any contract, mortgage, mortgage loan, mortgage loan |
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1 | commitment, contract, or agreement of any kind to which the corporation is a party; |
2 | (23) Procure or agree to the procurement of insurance or guarantees from the federal |
3 | government or any governmental agency or instrumentality thereof, or from any private insurance |
4 | company, of the payment of any bonds or notes or any other evidences of indebtedness issued by |
5 | the corporation including the power to pay premiums on that insurance; |
6 | (24) Insure long-term mortgage loans made by mortgage lenders approved by the |
7 | corporation to eligible housing sponsors as determined by the corporation. The corporation may |
8 | establish any terms and conditions it deems necessary for the supervision of the holders of |
9 | corporation insured loans and for its insurance program, including the maximum amount which |
10 | may be insured, maximum interest rates, down payment requirements, refinancing terms, insurance |
11 | premium requirements, and remedies on default or foreclosure; |
12 | (25) Make temporary loans, with or without interest, to eligible housing sponsors of single- |
13 | family residential housing units to be owned and occupied by the sponsor to defray down payment |
14 | costs and charges on mortgage loans purchased or made by the corporation; |
15 | (26) Make and undertake to make any and all contracts and agreements, including the |
16 | payment of fees, with mortgage lenders in this state for assistance rendered to the corporation; |
17 | (27) Subject to any agreement with bondholders or note holders, to purchase and make |
18 | commitments for the purchase of, to invest in, and dispose of securities or other obligations issued |
19 | by mortgage lenders to finance residential housing for persons and families of low and moderate |
20 | income, including, but not limited to, securities or other obligations payable from, backed by or |
21 | otherwise evidencing an interest in mortgages securing mortgage loans to finance residential |
22 | housing for persons and families of low and moderate income; |
23 | (28) To the extent permitted under its contract with the holders of bonds, bond anticipation |
24 | notes and other obligations, enter into contracts with any mortgagor containing provisions enabling |
25 | the mortgagor to reduce the rental or carrying charges to families of persons unable to pay the |
26 | regular schedule of charges for housing where, by reason of other income or payment from any |
27 | department, agency, or instrumentality of the United States or this state, the reductions can be made |
28 | without jeopardizing the economic stability of housing being financed; |
29 | (29) Establish any programs of compensation, including deferred compensation and |
30 | retirement plans, as the commissioner may deem appropriate; |
31 | (30) Do any and all things necessary or convenient to carrying out its purposes and exercise |
32 | the powers given and granted in this chapter; |
33 | (31) Issue assurances and guarantees and to secure them with any collateral that the |
34 | corporation may deem appropriate; |
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1 | (32) Notwithstanding any other law to the contrary, to make subsidies in furtherance of its |
2 | corporate purposes, whether in the form of interest cost savings or otherwise, and to require a |
3 | recipient thereof to repay all or any portion of that subsidy upon those terms and conditions that |
4 | the corporation may establish; |
5 | (33) Establish an insurance fund and to insure therefrom, either alone or in conjunction |
6 | with private enterprise, the state, the United States, or any governmental agency or instrumentality |
7 | thereof, mortgage loans or participations whether or not made or acquired by the corporation; |
8 | (34) Establish an equal employment and affirmative action program applicable to direct |
9 | and indirect recipients of funds of the corporation; and |
10 | (35) To administer and manage Section 8 tenant based certificate programs and Section 8 |
11 | rental voucher programs in those municipalities that do not have a local housing authority and in |
12 | those municipalities whose local housing authority elects to contract with Rhode Island housing |
13 | mortgage and finance corporation; and |
14 | (36) To establish, revise, and administer the qualified allocation plan (“QAP”) for the |
15 | allocation of federal Low-Income Housing Tax Credits, and in exercising such authority, to |
16 | prioritize scoring criteria that maximize the production of low- and moderate-income housing, |
17 | including cost-efficiency and the total number of income-restricted units produced, and to limit the |
18 | cumulative weighting of supplemental criteria not directly related to housing production, consistent |
19 | with applicable federal law. |
20 | SECTION 2. This act shall take effect upon passage. |
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LC003629 | |
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EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO STATE AFFAIRS AND GOVERNMENT -- RHODE ISLAND HOUSING | |
AND MORTGAGE FINANCE CORPORATION | |
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1 | This act would expand Rhode Island Housing’s authority to revise the qualified allocation |
2 | plan to prioritize cost-efficient affordable housing production and total units, while reducing the |
3 | scoring weight of non-production-related criteria. |
4 | This act would take effect upon passage. |
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LC003629 | |
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