§ 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) “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.
(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.
(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 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) “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.
History of Section.
P.L. 2008, ch. 441, § 1; P.L. 2008, ch. 477, § 1; P.L. 2025, ch. 278, art. 9, § 9,
effective June 29, 2025.