2017 -- S 0217 | |
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LC000576 | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2017 | |
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A N A C T | |
RELATING TO TOWNS AND CITIES -- LOW AND MODERATE INCOME HOUSING | |
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Introduced By: Senators P Fogarty, Seveney, DiPalma, and Kettle | |
Date Introduced: February 02, 2017 | |
Referred To: Senate Housing & Municipal Government | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Section 45-53-3 of the General Laws in Chapter 45-53 entitled "Low and |
2 | Moderate Income Housing" is hereby amended to read as follows: |
3 | 45-53-3. Definitions. |
4 | The following words, wherever used in this chapter, unless a different meaning clearly |
5 | appears from the context, have the following meanings: |
6 | (1) "Affordable housing plan" means a component of a housing element, as defined in |
7 | subdivision 45-22.2-4(1), to meet housing needs in a city or town that is prepared in accordance |
8 | with guidelines adopted by the state planning council, and/or to meet the provisions of subsection |
9 | 45-53-4(b)(1) and (c). |
10 | (2) "Approved affordable housing plan" means an affordable housing plan that has been |
11 | approved by the director of administration as meeting the guidelines for the local comprehensive |
12 | plan as promulgated by the state planning council; provided, however, that state review and |
13 | approval, for plans submitted by December 31, 2004, shall not be contingent on the city or town |
14 | having completed, adopted, or amended its comprehensive plan as provided for in sections 45- |
15 | 22.2-8, 45-22.2-9, or 45-22.2-12. |
16 | (3) "Comprehensive plan" means a comprehensive plan adopted and approved by a city |
17 | or town pursuant to chapters 22.2 and 22.3 of this title. |
18 | (4) "Consistent with local needs" means reasonable in view of the state need for low and |
19 | moderate income housing, considered with the number of low income persons in the city or town |
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1 | affected and the need to protect the health and safety of the occupants of the proposed housing or |
2 | of the residence of the city or town, to promote better site and building design in relation to the |
3 | surroundings, or to preserve open spaces, and if the local zoning or land use ordinances, |
4 | requirements, and regulations are applied as equally as possible to both subsidized and |
5 | unsubsidized housing. Local zoning and land use ordinances, requirements, or regulations are |
6 | consistent with local needs when imposed by a city or town council after comprehensive hearing |
7 | in a city or town where: |
8 | (i) Low or moderate income housing exists which is: (A) in the case of an urban city or |
9 | town which has at least 5,000 occupied year-round rental units and the units, as reported in the |
10 | latest decennial census of the city or town, comprise twenty-five percent (25%) or more of the |
11 | year-round housing units, is in excess of fifteen percent (15%) of the total occupied year-round |
12 | rental units; or (B) in the case of all other cities or towns, is in excess of ten percent (10%) of the |
13 | year-round housing units reported in the census. For purposes of calculating the percentage of the |
14 | year-round housing units which constitute low or moderate income housing, including, but not |
15 | limited to, calculations to meet the requirements of chapter 22.2 of title 45, the "Rhode Island |
16 | Comprehensive Planning and Land Use Act", mobile and manufactured homes within a mobile |
17 | and manufactured home park which meet the definitions set forth in chapter 44 of title 31, |
18 | "Mobile and Manufactured Homes", may be counted as low or moderate income housing units by |
19 | the city or town. |
20 | (ii) The city or town has promulgated zoning or land use ordinances, requirements, and |
21 | regulations to implement a comprehensive plan which has been adopted and approved pursuant to |
22 | chapters 22.2 and 22.3 of this title, and the housing element of the comprehensive plan provides |
23 | for low and moderate income housing in excess of either ten percent (10%) of the year-round |
24 | housing units or fifteen percent (15%) of the occupied year-round rental housing units as |
25 | provided in subdivision (2)(i). |
26 | (5) "Infeasible" means any condition brought about by any single factor or combination |
27 | of factors, as a result of limitations imposed on the development by conditions attached to the |
28 | approval of the comprehensive permit, to the extent that it makes it impossible for a public |
29 | agency, nonprofit organization, or limited equity housing cooperative to proceed in building or |
30 | operating low or moderate income housing without financial loss, within the limitations set by the |
31 | subsidizing agency of government, on the size or character of the development, on the amount or |
32 | nature of the subsidy, or on the tenants, rentals, and income permissible, and without substantially |
33 | changing the rent levels and unit sizes proposed by the public agency, nonprofit organization, or |
34 | limited equity housing cooperative. |
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1 | (6) "Letter of eligibility" means a letter issued by the Rhode Island housing and mortgage |
2 | finance corporation in accordance with subsection 42-55-5.3(a). |
3 | (7) "Local board" means any town or city official, zoning board of review, planning |
4 | board or commission, board of appeal or zoning enforcement officer, local conservation |
5 | commission, historic district commission, or other municipal board having supervision of the |
6 | construction of buildings or the power of enforcing land use regulations, such as subdivision, or |
7 | zoning laws. |
8 | (8) "Local review board" means the planning board as defined by subdivision 45-22.2- |
9 | 4(26), or if designated by ordinance as the board to act on comprehensive permits for the town, |
10 | the zoning board of review established pursuant to section 45-24-56. |
11 | (9) "Low or moderate income housing" means any housing whether built or operated by |
12 | any public agency or any nonprofit organization or by any limited equity housing cooperative or |
13 | any private developer, that is subsidized by a federal, state, or municipal government subsidy |
14 | under any program to assist the construction or rehabilitation of housing affordable to low or |
15 | moderate income households, as defined in the applicable federal or state statute, or local |
16 | ordinance and that will remain affordable through a land lease and/or deed restriction for ninety- |
17 | nine (99) years or such other period that is either agreed to by the applicant and town or |
18 | prescribed by the federal, state, or municipal government subsidy program but that is not less than |
19 | thirty (30) years from initial occupancy. |
20 | (10) "Meeting housing needs" means adoption of the implementation program of an |
21 | approved affordable housing plan and the absence of unreasonable denial of applications that are |
22 | made pursuant to an approved affordable housing plan in order to accomplish the purposes and |
23 | expectations of the approved affordable housing plan. |
24 | (11) "Municipal government subsidy" means assistance that is made available through a |
25 | city or town program sufficient to make housing affordable, as affordable housing is defined in ยง |
26 | 42-128-8.1(d)(1); such assistance may include, but is not limited to, direct financial support, |
27 | abatement of taxes, waiver of fees and charges, and approval of density bonuses and/or internal |
28 | subsidies, and any combination of forms of assistance. |
29 | SECTION 2. This act shall take effect upon passage. |
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LC000576 | |
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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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1 | This act would allow mobile and manufactured homes which are a part of a mobile and |
2 | manufactured home park to be counted as low and moderate income housing for purposes of |
3 | compliance with the requirements of the city or town's comprehensive land use plan. |
4 | This act would take effect upon passage. |
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LC000576 | |
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