2026 -- S 2268 SUBSTITUTE A

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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 TOWNS AND CITIES -- LOW AND MODERATE INCOME HOUSING

     Introduced By: Senators Kallman, Bissaillon, DiMario, Gu, Mack, DiPalma, Rogers,
McKenney, and Zurier

     Date Introduced: January 23, 2026

     Referred To: Senate Housing & Municipal Government

     It is enacted by the General Assembly as follows:

     SECTION 1. Chapter 45-53 of the General Laws entitled "Low and Moderate Income

Housing" is hereby amended by adding thereto the following section:

     45-53-17. Faith-based affordable housing development.

     (a) An applicant may submit a single application for a comprehensive permit to build low-

or moderate-income housing on land owned by a religious organization, association, or society, or

a nonprofit organization that is operated, supervised, or controlled by a religious organization,

association, or society (collectively, “faith-based organizations”) in lieu of separate applications to

the applicable local boards. This procedure is available in a city or town regardless of whether the

city or town has low- or moderate-income housing in excess of ten percent (10%) of its year-round

housing units, but is only available for applications that comply with the following criteria:

     (1) At least fifty percent (50%) of the housing to be developed is low- or moderate-income

housing; and

     (2) The land proposed for development is owned or held in trust for use by a faith-based

organization on the date of the comprehensive permit application. For the purposes of this section,

a faith-based organization that subjects a parcel of land to a long-term ground lease of not less than

ninety-nine (99) years shall still be considered to own the land.

     (b) A comprehensive permit application submitted under this section may request

adjustments for ancillary uses that support the mission of the faith-based organization, including,

but not limited to, childcare, educational, and community service facilities, or small-scale

commercial uses not to exceed two thousand (2,000) square feet of gross floor area.

     (c)(1) Any comprehensive permit applicant may elect to apply for and be heard on master

plan review prior to preliminary plan submission consistent with § 45-53-4(d)(2).

     (2) An application submitted under this section is not subject to a public hearing under §45-

53-4(d)(3)(iii)(A). Once an administrative officer has certified a preliminary plan application as

complete or incomplete pursuant to § 45-53-4(d)(3)(ii), the officer shall render a decision on the

application and shall make findings on each of the standards described in § 45-53-4(d)(3)(iii)(E),

where applicable, within ninety (90) days of the date the application is certified complete, or within

a further amount of time that may be consented to by the applicant through the submission of a

written consent. Failure to act within the prescribed period constitutes approval of the preliminary

plan, and a certificate as to the failure to act within the required time and the resulting approval

shall be issued on request of the applicant.

     (3) An application submitted under this section is subject to final plan review as provided

in § 45-53-4(d)(4), except that any requests for major changes (as defined in the local regulations)

shall be submitted to the administrative officer.

     (d) Nothing in this section shall be construed to limit or override the provisions of chapter

45.1 of title 42 (Antiquities Act of Rhode Island), historical area zoning established pursuant to

chapter 24.1 of title 45, or the authority of the Rhode Island Historical Preservation and Heritage

Commission established pursuant to chapter 45 of title 42.

     (e) Nothing in this section shall be construed to permit the demolition of any property listed

in the National Register of Historic Places or the State Register of Historic Places absent written

approval from the state historic preservation officer.

     (f) Housing units offered for rent or sale after having been built under a comprehensive

permit issued under this section remain subject to the federal Fair Housing Act pursuant to 42

U.S.C. § 3607(b) and 24 C.F.R. §§ 100.300-308 and the Rhode Island Fair Housing Practices Act

pursuant to § 34-37-4.1.

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO TOWNS AND CITIES -- LOW AND MODERATE INCOME HOUSING

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     This act would allow faith-based organizations to develop affordable housing on land they

own provided at least 50 % of the housing to be developed is low- or moderate-income housing

and the land is owned or held in trust by the faith-based organization. The act would also allow

faith-based organizations to request adjustments for uses that support the mission of the faith-based

organization, including childcare, education, community service, or small-scale commercial uses.

     This act would take effect upon passage.

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