2019 -- S 0148

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2019

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A N   A C T

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

     Introduced By: Senators DiPalma, Seveney, Morgan, Coyne, and Euer

     Date Introduced: January 24, 2019

     Referred To: Senate Housing & Municipal Government

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 45-53-3 of the General Laws in Chapter 45-53 entitled "Low and

Moderate Income Housing" is hereby amended to read as follows:

     45-53-3. Definitions.

     The following words, wherever used in this chapter, unless a different meaning clearly

appears from the context, have the following meanings:

     (1) "Affordable housing plan" means a component of a housing element, as defined in

subdivision 45-22.2-4(1), 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 subsection

45-53-4(b)(1) and (c).

     (2) "Approved affordable housing plan" means an affordable housing plan that has been

approved by the director of administration as meeting the guidelines for the local comprehensive

plan as promulgated by the state planning council; provided, however, that state review and

approval, for plans submitted by December 31, 2004, shall not be contingent on the city or town

having completed, adopted, or amended its comprehensive plan as provided for in sections 45-

22.2-8, 45-22.2-9, or 45-22.2-12.

     (3) "Comprehensive plan" means a comprehensive plan adopted and approved by a city

or town pursuant to chapters 22.2 and 22.3 of this title.

     (4) "Consistent with local needs" means reasonable in view of the state need for low and

moderate income housing, considered with the number of low income persons in the city or town

affected and the need to protect the health and safety of the occupants of the proposed housing or

of the residence of the city or town, to promote better site and building design in relation to the

surroundings, or to preserve open spaces, and if the local zoning or land use ordinances,

requirements, and regulations are applied as equally as possible to both subsidized and

unsubsidized housing. Local zoning and land use ordinances, requirements, or regulations are

consistent with local needs when imposed by a city or town council after comprehensive hearing

in a city or town where:

     (i) Low or moderate income housing exists which is: (A) in the case of an urban city or

town which has at least 5,000 occupied year-round rental units and the units, as reported in the

latest decennial census of the city or town, comprise twenty-five percent (25%) or more of the

year-round housing units, is in excess of fifteen percent (15%) of the total occupied year-round

rental units; or (B) in the case of all other cities or towns, is in excess of ten percent (10%) of the

year-round housing units reported in the census. For purposes of calculating the percentage of the

year-round housing units which constitute low or moderate income housing, including, but not

limited to, calculations to meet the requirements of chapter 22.2 of title 45, ("Rhode Island

comprehensive planning and land use act"), mobile and manufactured homes within a mobile and

manufactured home park which meet the definitions set forth in chapter 44 of title 31, ("mobile

and manufactured homes"), may be counted as low or moderate income housing units by the city

or town.

     (ii) The city or town has promulgated zoning or land use ordinances, requirements, and

regulations to implement a comprehensive plan which has been adopted and approved pursuant to

chapters 22.2 and 22.3 of this title, and the housing element of the comprehensive plan provides

for low and moderate income housing in excess of either ten percent (10%) of the year-round

housing units or fifteen percent (15%) of the occupied year-round rental housing units as

provided in subdivision (2)(i).

     (5) "Infeasible" means any condition brought about by any single factor or combination

of factors, as a result of limitations imposed on the development by conditions attached to the

approval of the comprehensive permit, to the extent that it makes it impossible for a public

agency, nonprofit organization, or limited equity housing cooperative to proceed in building or

operating low or moderate income housing without financial loss, within the limitations set by the

subsidizing agency of government, on the size or character of the development, on the amount or

nature of the subsidy, or on the tenants, rentals, and income permissible, and without substantially

changing the rent levels and unit sizes proposed by the public agency, nonprofit organization, or

limited equity housing cooperative.

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     (6) "Letter of eligibility" means a letter issued by the Rhode Island housing and mortgage

finance corporation in accordance with subsection 42-55-5.3(a).

     (7) "Local board" means any town or city official, zoning board of review, planning

board or commission, board of appeal or zoning enforcement officer, local conservation

commission, historic district commission, or other municipal board having supervision of the

construction of buildings or the power of enforcing land use regulations, such as subdivision, or

zoning laws.

     (8) "Local review board" means the planning board as defined by subdivision 45-22.2-

4(26), or if designated by ordinance as the board to act on comprehensive permits for the town,

the zoning board of review established pursuant to section 45-24-56.

     (9) "Low or moderate income housing" means any 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.

     (10) "Meeting housing needs" means adoption of the implementation program of an

approved affordable housing plan and the absence of unreasonable denial of applications that are

made pursuant to an approved affordable housing plan in order to accomplish the purposes and

expectations of the approved affordable housing plan.

     (11) "Municipal government subsidy" means assistance that is made available through a

city or town program sufficient to make housing affordable, as affordable housing is defined in §

42-128-8.1(d)(1); such assistance may include, but is not limited to, direct financial support,

abatement of taxes, waiver of fees and charges, and approval of density bonuses and/or internal

subsidies, and any combination of forms of assistance.

     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

***

     This act would allow mobile and manufactured homes which are a part of a mobile and

manufactured home park to be counted as low and moderate income housing for purposes of

compliance with the requirements of the city's or town's comprehensive land use plan.

     This act would take effect upon passage.

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