Title 42
State Affairs and Government

CHAPTER 167
Executive Office of Housing

§ 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 division of 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 15 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:

(A) Single-family units;

(B) Accessory dwelling units;

(C) Two-family (2) units;

(D) Three-family (3) units;

(E) Multi-unit sufficiently delineated units;

(F) Mixed use sufficiently delineated units; and

(G) Occupancy and vacancy rates for the prior three (3) years;

(x) A reporting of unit types by ownership including an accounting of all:

(A) Single-family units;

(B) Accessory dwelling units;

(C) Two-family (2) units;

(D) Three-family (3) units;

(E) Multi-unit sufficiently delineated units;

(F) Mixed use sufficiently delineated units; and

(G) 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:

(A) 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;

(B) 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;

(C) 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;

(D) The percentage of cost burden by municipality with population equivalent;

(E) The percentage and number of home financing sources, including all private, federal, state, or other public support;

(F) The disparities in mortgage loan financing by race and ethnicity based on Home Mortgage Disclosure Act data by available geographies;

(G) The annual median gross rent growth for each of the previous five (5) years by municipality; and

(H) 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 15 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.