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1 | ARTICLE 12 | |
2 | RELATING TO HOUSING | |
3 | SECTION 1. Sections 42-55-4 of the General Laws in Chapter 42-55 entitled “Rhode | |
4 | Island Housing and Mortgage Finance Corporation” is hereby amended to read as follows: | |
5 | 42-55-4. Creation of corporation – Composition – Personnel – Compensation. | |
6 | (a) There is authorized the creation and establishment of a public corporation of the state, | |
7 | having a distinct legal existence from the state and not constituting a department of the state | |
8 | government, with the politic and corporate powers as are set forth in this chapter to be known as | |
9 | the "Rhode Island housing and mortgage finance corporation" to carry out the provisions of this | |
10 | chapter. The corporation is constituted a public instrumentality exercising public and essential | |
11 | governmental functions, and the exercise by the corporation of the powers conferred by this chapter | |
12 | shall be deemed and held to be the performance of an essential governmental function of the state. | |
13 | It is the intent of the general assembly by the passage of this chapter to authorize the incorporation | |
14 | of a public corporation and instrumentality and agency of the state for the purpose of carrying on | |
15 | the activities authorized by this chapter, and to vest the corporation with all of the powers, authority, | |
16 | rights, privileges, and titles that may be necessary to enable it to accomplish these purposes. This | |
17 | chapter shall be liberally construed in conformity with the purpose expressed. | |
18 | (b) The powers of the corporation shall be vested in seven (7) nine (9) commissioners | |
19 | consisting of the director of administration, or his or her designee; the general treasurer, or his or | |
20 | her designee; the director of business regulations, or his or her designee; the executive director of | |
21 | the housing resources coordinating council, or designee; the chairperson of the housing resources | |
22 | steering committee, or designee; and four (4) members to be appointed by the governor with the | |
23 | advice and consent of the senate who shall among them be experienced in all aspects of housing | |
24 | design, development, finance, management, and state and municipal finance. The executive | |
25 | director of the housing resources coordinating council and the chairperson of the housing resources | |
26 | steering committee shall serve as non-voting, ex officio members of the board. On or before July | |
27 | 1, 1973, the governor shall appoint one member to serve until the first day of July, 1974 and until | |
28 | his or her successor is appointed and qualified, one member to serve until the first day of July, | |
29 | 1975, and until his or her successor is appointed and qualified, one member to serve until the first | |
30 | day of July, 1976 and until his or her successor is appointed and qualified, one member to serve | |
31 | until the first day of July, 1977 and until his or her successor is appointed and qualified. During the | |
32 | month of June, 1974, and during the month of June annually thereafter, the governor shall appoint | |
33 | a member to succeed the member whose term will then next expire to serve for a term of four (4) | |
34 | years commencing on the first day of July then next following and until his or her successor is | |
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1 | appointed and qualified. A vacancy in the office of a commissioner, other than by expiration, shall | |
2 | be filled in like manner as an original appointment, but only for the unexpired portion of the term. | |
3 | If a vacancy occurs when the senate is not in session, the governor shall appoint a person to fill the | |
4 | vacancy, but only until the senate shall next convene and give its advice and consent to a new | |
5 | appointment. A member shall be eligible to succeed him or herself. The governor shall designate a | |
6 | member of the corporation to serve as chairperson. Any member of the corporation may be removed | |
7 | by the governor for misfeasance, malfeasance, or willful neglect of duty. | |
8 | (c) The commissioners shall elect from among their number a vice-chairperson annually | |
9 | and those other officers as they may determine. Meetings shall be held at the call of the chairperson | |
10 | or whenever two (2) commissioners so request. Four (4) commissioners of the corporation shall | |
11 | constitute a quorum and any action taken by the corporation under the provisions of this chapter | |
12 | may be authorized by resolution approved by a majority but not less than three (3) of the | |
13 | commissioners present at any regular or special meeting. No vacancy in the membership of the | |
14 | corporation shall impair the right of a quorum to exercise all of the rights and perform all of the | |
15 | duties of the corporation. | |
16 | (d) Commissioners shall receive no compensation for the performance of their duties, but | |
17 | each commissioner shall be reimbursed for his or her reasonable expenses incurred in carrying out | |
18 | his or her duties under this chapter. | |
19 | (e) Notwithstanding the provisions of any other law, no officer or employee of the state | |
20 | shall be deemed to have forfeited or shall forfeit his or her office or employment by reason of his | |
21 | or her acceptance of membership of the corporation or his or her service to the corporation. | |
22 | (f) The commissioners shall employ an executive director who shall also be the secretary | |
23 | and who shall administer, manage, and direct the affairs and business of the corporation, subject to | |
24 | the policies, control, and direction of the commissioners. The commissioners may employ technical | |
25 | experts and other officers, agents, and employees, permanent and temporary, and fix their | |
26 | qualifications, duties, and compensation. These employed persons shall not be subject to the | |
27 | provisions of the classified service. The commissioners may delegate to one or more of their agents | |
28 | or employees those administrative duties they may deem proper. | |
29 | (g) The secretary shall keep a record of the proceedings of the corporation and shall be | |
30 | custodian of all books, documents, and papers filed with the corporation and of its minute book and | |
31 | seal. He or she, or his or her designee, or the designee of the board of commissioners, shall have | |
32 | authority to cause to be made copies of all minutes and other records and documents of the | |
33 | corporation and to give certificates under the seal of the corporation to the effect that the copies are | |
34 | true copies and all persons dealing with the corporation may rely upon the certificates. | |
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1 | (h) Before entering into his or her duties, each commissioner of the corporation shall | |
2 | execute a surety bond in the penal sum of fifty thousand dollars ($50,000) and the executive director | |
3 | shall execute a surety bond in the penal sum of one hundred thousand dollars ($100,000) or, in lieu | |
4 | of this, the chairperson of the corporation shall execute a blanket bond covering each commissioner, | |
5 | the executive director and the employees or other officers of the corporation, each surety bond to | |
6 | be conditioned upon the faithful performance of the duties of the office or offices covered, to be | |
7 | executed by a surety company authorized to transact business in this state as surety and to be | |
8 | approved by the attorney general and filed in the office of the secretary of state. The cost of each | |
9 | bond shall be paid by the corporation. | |
10 | (i) Notwithstanding any other law to the contrary, it shall not be or constitute a conflict of | |
11 | interest for a director, officer, or employee of any financial institution, investment banking firm, | |
12 | brokerage firm, commercial bank or trust company, architecture firm, insurance company, or any | |
13 | other firm, person, or corporation to serve as a member of the corporation. If any commissioner, | |
14 | officer, or employee of the corporation shall be interested either directly or indirectly, or shall be a | |
15 | director, officer, or employee of or have an ownership interest in any firm or corporation interested | |
16 | directly or indirectly in any contract with the corporation, including any loan to any housing | |
17 | sponsor or health care sponsor, that interest shall be disclosed to the corporation and shall be set | |
18 | forth in the minutes of the corporation and the commissioner, officer, or employee having an | |
19 | interest therein shall not participate on behalf of the corporation in the authorization of this contract. | |
20 | SECTION 2. Chapter 42-128 of the General Laws entitled "Housing Resources Act of | |
21 | 1998" is hereby repealed in its entirety. | |
22 | 42-128-1. Findings. | |
23 | (a) Rhode Island has an older housing stock which contributes invaluably to community | |
24 | character, and in order to maintain the stability of neighborhoods and to sustain health communities, | |
25 | it is necessary to have programs for housing and community development and revitalization. | |
26 | (b) Rhode Island has an active private sector that is engaged in supplying housing. | |
27 | (c) Rhode Island has an active non-profit housing sector, which can, if provided adequate | |
28 | support, assist low and moderate income persons and works to improve conditions in | |
29 | neighborhoods and communities. | |
30 | (d) Housing that is not adequately maintained is a source of blight in communities and a | |
31 | cause of public health problems. Public health and safety are impaired by poor housing conditions; | |
32 | poisoning from lead paint and respiratory disease (asthma) are significant housing related health | |
33 | problems in Rhode Island. | |
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1 | (e) There is an increasing need for supported living arrangements for the elderly and a | |
2 | continuing need for supported living arrangements for persons who are disabled and/or homeless. | |
3 | (f) Fair housing, and the potential of unequal treatment of individuals based on race, | |
4 | ethnicity, age, disability, and family, must be given continuing attention. | |
5 | (g) Housing costs consume a disproportionate share of income for many Rhode Islanders; | |
6 | housing affordability is a continuing problem, especially for first time home buyers and lower and | |
7 | moderate income renters; the high cost of housing adversely affects the expansion of Rhode Island's | |
8 | economy. Housing affordability and availability affect conditions of homelessness. The high cost | |
9 | of housing and the lack of affordable, decent housing for low income households is a source of | |
10 | hardship for very low income persons and families in Rhode Island. | |
11 | (h) The Rhode Island housing and mortgage finance corporation, which has provided more | |
12 | than two decades of assistance in addressing issues of both the affordability of home ownership | |
13 | and rental housing and the preservation of the housing stock for low and moderate income persons, | |
14 | is facing future funding shortfalls and must either increase revenues or reduce programs in order to | |
15 | remain viable. | |
16 | (i) The federal government has been reducing its commitment to housing since 1981, and | |
17 | there is no indication that earlier levels of federal support for housing will be restored. | |
18 | (j) Public housing authorities, which rely on federal support that is being reconsidered, | |
19 | have been and continue to be an important housing resource for low income families and the | |
20 | elderly. | |
21 | (k) Rhode Island, unlike most other states, does not have an agency or department of state | |
22 | government with comprehensive responsibility for housing. | |
23 | (l) It is necessary and desirable in order to protect that public health and to promote the | |
24 | public welfare, to establish a housing resources agency and a housing resources commission for | |
25 | the purposes of improving housing conditions, promoting housing affordability, engaging in | |
26 | community development activities, and assisting the urban, suburban, and rural communities of the | |
27 | state. | |
28 | 42-128-2. Rhode Island housing resources agency created. | |
29 | There is created within the executive department a housing resources agency with the | |
30 | following purposes, organization, and powers: | |
31 | (1) Purposes: | |
32 | (i) To provide coherence to the housing programs of the state of Rhode Island and its | |
33 | departments, agencies, commissions, corporations, and subdivisions. | |
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1 | (ii) To provide for the integration and coordination of the activities of the Rhode Island | |
2 | housing and mortgage finance corporation and the Rhode Island housing resources commission. | |
3 | (2) Coordinating committee – Created – Purposes and powers: | |
4 | (i) The coordinating committee of the housing resources agency shall be comprised of the | |
5 | chairperson of the Rhode Island housing and mortgage finance corporations; the chairperson of the | |
6 | Rhode Island housing resources commission; the director of the department of administration, or | |
7 | the designee of the director; and the executive director of the Rhode Island housing and mortgage | |
8 | finance corporation. The chairperson of the Rhode Island housing resources commission shall be | |
9 | chairperson of the coordinating committee. | |
10 | (ii) The coordinating committee shall develop and shall implement, with the approval of | |
11 | the Rhode Island housing and mortgage finance corporation and the Rhode Island housing | |
12 | resources commission, a memorandum of agreement describing the fiscal and operational | |
13 | relationship between the Rhode Island housing and mortgage finance corporation and the Rhode | |
14 | Island housing resources commission and shall define which programs of federal assistance will be | |
15 | applied for on behalf of the state by the Rhode Island housing and mortgage finance corporation | |
16 | and the Rhode Island housing resources commission. | |
17 | (3) There is hereby established a restricted receipt account within the general fund of the | |
18 | state. Funds from this account shall be used to provide for the lead hazard abatement program, | |
19 | housing rental subsidy, with priority given to homeless veterans and homeless prevention assistance | |
20 | and housing retention assistance with priority to veterans. | |
21 | 42-128-3. Rhode Island Housing and Mortgage Finance Corporation. | |
22 | The Rhode Island housing and mortgage finance corporation established by chapter 55 of | |
23 | this title shall remain an independent corporation and shall serve as the housing finance and | |
24 | development division of the Rhode Island housing resources agency. | |
25 | 42-128-4. Rhode Island housing resources commission. | |
26 | The Rhode Island housing resources commission shall be an agency within the executive | |
27 | department with responsibility for developing plans, policies, standards and programs and | |
28 | providing technical assistance for housing. | |
29 | 42-128-5. Purposes. | |
30 | The purposes of the commission shall be: | |
31 | (1) To develop and promulgate state policies, and plans, for housing and housing | |
32 | production and performance measures for housing programs established pursuant to state law. | |
33 | (2) To coordinate activities among state agencies and political subdivisions pertaining to | |
34 | housing. | |
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1 | (3) To promote the stability of and quality of life in communities and neighborhoods. | |
2 | (4) To provide opportunities for safe, sanitary, decent, adequate and affordable housing in | |
3 | Rhode Island. | |
4 | (5) To encourage public-private partnerships that foster the production, rehabilitation, | |
5 | development, maintenance, and improvement of housing and housing conditions, especially for | |
6 | low and moderate income people. | |
7 | (6) To foster and support no-profit organizations, including community development | |
8 | corporations, and their associations and intermediaries, that are engaged in providing and housing | |
9 | related services. | |
10 | (7) To encourage and support partnerships between institutions of higher education and | |
11 | neighborhoods to develop and retain quality, healthy housing and sustainable communities. | |
12 | (8) To facilitate private for-profit production and rehabilitation of housing for diverse | |
13 | populations and income groups. | |
14 | (9) To provide, facilitate, and/or support the provisions of technical assistance. | |
15 | 42-128-6. Commission – Membership and terms – Officers – Expenses – Meetings. | |
16 | (a)(1) Membership. The commission shall have twenty-eight (28) members as follows: the | |
17 | directors of departments of administration, business regulation, elderly affairs, health, human | |
18 | services, behavioral healthcare, developmental disabilities and hospitals, the chairperson of the | |
19 | Rhode Island housing and mortgage finance corporation, and the attorney general, shall be ex | |
20 | officio members; the president of the Rhode Island Bankers Association, or the designee of the | |
21 | president; the president of the Rhode Island Mortgage Banker's Association, or the designee of the | |
22 | president; the president of the Rhode Island Realtors Association, or the designee of the president; | |
23 | the executive director of the Rhode Island Housing Network; the executive director of the Rhode | |
24 | Island Coalition for the Homeless; the president of the Rhode Island Association of Executive | |
25 | Directors for Housing, or the designee of the president; the executive director of operation stand | |
26 | down; and thirteen (13) members who have knowledge of, and have a demonstrated interest in, | |
27 | housing issues as they affect low-and moderate-income people, appointed by the governor with the | |
28 | advice and consent of the senate: one of whom shall be the chairperson, one of whom shall be the | |
29 | representative of the homeless; one of whom shall be a representative of a community development | |
30 | corporation; one of whom shall be the representative of an agency addressing lead poisoning issues; | |
31 | one of whom shall be a local planner; one of whom shall be a local building official; one of whom | |
32 | shall be a representative of fair housing interests; one of whom shall be representative of an agency | |
33 | advocating the interest of racial minorities; one of whom shall be a representative of the Rhode | |
34 | Island Builders Association; one of whom shall be a representative of insurers; one of whom shall | |
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1 | be a representative of a community development intermediary that provides financing and technical | |
2 | assistance to housing non-profits; one of whom shall be a non-profit developer; and one of whom | |
3 | shall be a senior housing advocate. | |
4 | (2) The terms of appointed members shall be three (3) years, except for the original | |
5 | appointments, the term of four (4) of whom shall be one year and the term of four (4) of whom | |
6 | shall be two (2) years; no member may serve more than two (2) successive terms. | |
7 | (b) Officers. The governor shall appoint the chairperson of the commission, who shall not | |
8 | be an ex officio member, with the advice and consent of the senate. The commission shall elect | |
9 | annually a vice-chairperson, who shall be empowered to preside at meetings in the absence of the | |
10 | chairperson, and a secretary. | |
11 | (c) Expenses. The members of the commission shall serve without compensation, but shall | |
12 | be reimbursed for their reasonable actual expenses necessarily incurred in the performance of their | |
13 | duties. | |
14 | (d) Meetings. Meetings of the commission shall be held upon the call of the chairperson, | |
15 | or five (5) members of the commission, or according to a schedule that may be annually established | |
16 | by the commission; provided, however, that the commission shall meet at least once quarterly. A | |
17 | majority of members of the commission, not including vacancies, shall constitute a quorum, and | |
18 | no vacancy in the membership of the commission shall impair the right of a quorum to exercise all | |
19 | the rights and perform all of the duties of the commission. | |
20 | 42-128-7. General powers. | |
21 | The commission shall have the following powers, together with all powers incidental to or | |
22 | necessary for the performance of those set forth in this chapter: | |
23 | (1) To sue and be sued. | |
24 | (2) To negotiate and to enter into contracts, agreements, and cooperative agreements with | |
25 | agencies and political subdivisions of the state, not-for-profit corporations, for profit corporations, | |
26 | and other partnerships, associations and persons for any lawful purpose necessary and desirable to | |
27 | effect the purposes of this chapter. | |
28 | (3) To adopt by-laws and rules for the management of its affairs and for the exercise of its | |
29 | powers and duties, and to establish the committees, workgroups, and advisory bodies that from | |
30 | time to time may be deemed necessary. | |
31 | (4) To receive and accept grants or loans as may be made by the Federal government, and | |
32 | grants, donations, contributions and payments from other public and private sources. | |
33 | (5) To grant or loan funds to agencies and political subdivisions of the state or to private | |
34 | groups to effect the purposes of this chapter. | |
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1 | (6) To secure the cooperation and assistance of the United States and any of its agencies, | |
2 | and of the agencies and political subdivisions of this state in the work of the commission. | |
3 | (7) To establish, charge, and collect fees and payments for its services. | |
4 | 42-128-8. Powers and duties. | |
5 | In order to provide housing opportunities for all Rhode Islanders, to maintain the quality | |
6 | of housing in Rhode Island, and to coordinate and make effective the housing responsibilities of | |
7 | the agencies and subdivisions of the state, the commission shall have the following powers and | |
8 | duties: | |
9 | (1) Policy, planning and coordination of state housing functions. The commission shall | |
10 | have the power and duty: | |
11 | (i) To prepare and adopt the state's plans for housing; provided, however, that this provision | |
12 | shall not be interpreted to contravene the prerogative of the state planning council to adopt a state | |
13 | guide plan for housing. | |
14 | (ii) To prepare, adopt, and issue the state's housing policy. | |
15 | (iii) To conduct research on and make reports regarding housing issues in the state. | |
16 | (iv) To advise the governor and general assembly on housing issues and to coordinate | |
17 | housing activities among government agencies and agencies created by state law or providing | |
18 | housing services under government programs. | |
19 | (2) Establish, implement, and monitor state performance measures and guidelines for | |
20 | housing programs. The commission shall have the power and the duty: | |
21 | (i) To promulgate performance measures and guidelines for housing programs conducted | |
22 | under state law. | |
23 | (ii) To monitor and evaluate housing responsibilities established by state law, and to | |
24 | establish a process for annual reporting on the outcomes of the programs and investments of the | |
25 | state in housing for low and moderate income people. | |
26 | (iii) To hear and resolve disputes pertaining to housing issues. | |
27 | (3) Administer the programs pertaining to housing resources that may be assigned by state | |
28 | law. The commission shall have the power and duty to administer programs for housing, housing | |
29 | services, and community development, including, but not limited to, programs pertaining to: | |
30 | (i) Abandoned properties and the remediation of blighting conditions. | |
31 | (ii) Lead abatement and to manage a lead hazard abatement program in cooperation with | |
32 | the Rhode Island housing and mortgage finance corporation. | |
33 | (iii) Services for the homeless. | |
34 | (iv) Rental assistance. | |
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1 | (v) Community development. | |
2 | (vi) Outreach, education and technical assistance services. | |
3 | (vii) Assistance, including financial support, to non-profit organizations and community | |
4 | development corporations. | |
5 | (viii) Tax credits that assist in the provision of housing or foster community development | |
6 | or that result in support to non-profit organizations performing functions to accomplish the | |
7 | purposes of this chapter. | |
8 | (ix) The Supportive Services Program, the purpose of which is to help prevent and end | |
9 | homelessness among those who have experienced long-term homelessness and for whom certain | |
10 | services in addition to housing are essential. State funding for this program may leverage other | |
11 | resources for the purpose of providing supportive services. Services provided pursuant to this | |
12 | subsection may include, but not be limited to: assistance with budgeting and paying rent; access to | |
13 | employment; encouraging tenant involvement in facility management and policies; medication | |
14 | monitoring and management; daily living skills related to food, housekeeping and socialization; | |
15 | counseling to support self-identified goals; referrals to mainstream health, mental health and | |
16 | treatment programs; and conflict resolution. | |
17 | 42-128-8.1. Housing production and rehabilitation. | |
18 | (a) Short title. This section shall be known and may be cited as the "Comprehensive | |
19 | Housing Production and Rehabilitation Act of 2004." | |
20 | (b) Findings. The general assembly finds and declares that: | |
21 | (1) The state must maintain a comprehensive housing strategy applicable to all cities and | |
22 | towns that addresses the housing needs of different populations including, but not limited to, | |
23 | workers and their families who earn less than one hundred twenty percent (120%) of median | |
24 | income, older citizens, students attending institutions of higher education, low and very low income | |
25 | individuals and families, and vulnerable populations including, but not limited to, persons with | |
26 | disabilities, homeless individuals and families, and individuals released from correctional | |
27 | institutions. | |
28 | (2) Efforts and programs to increase the production of housing must be sensitive to the | |
29 | distinctive characteristics of cities and towns, neighborhoods and areas and the need to manage | |
30 | growth and to pace and phase development, especially in high growth areas. | |
31 | (3) The state in partnership with local communities must remove barriers to housing | |
32 | development and update and maintain zoning and building regulations to facilitate the construction, | |
33 | rehabilitation of properties and retrofitting of buildings for use as safe affordable housing. | |
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1 | (4) Creative funding mechanisms are needed at the local and state levels that provide | |
2 | additional resources for housing development, because there is an inadequate amount of federal | |
3 | and state subsidies to support the affordable housing needs of Rhode Island's current and projected | |
4 | population. | |
5 | (5) Innovative community planning tools, including, but not limited to, density bonuses | |
6 | and permitted accessory dwelling units, are needed to offset escalating land costs and project | |
7 | financing costs that contribute to the overall cost of housing and tend to restrict the development | |
8 | and preservation of housing affordable to very low income, low income and moderate income | |
9 | persons. | |
10 | (6) The gap between the annual increase in personal income and the annual increase in the | |
11 | median sales price of a single-family home is growing, therefore, the construction, rehabilitation | |
12 | and maintenance of affordable, multi-family housing needs to increase to provide more rental | |
13 | housing options to individuals and families, especially those who are unable to afford | |
14 | homeownership of a single-family home. | |
15 | (7) The state needs to foster the formation of cooperative partnerships between | |
16 | communities and institutions of higher education to significantly increase the amount of residential | |
17 | housing options for students. | |
18 | (8) The production of housing for older citizens as well as urban populations must keep | |
19 | pace with the next twenty-year projected increases in those populations of the state. | |
20 | (9) Efforts must be made to balance the needs of Rhode Island residents with the ability of | |
21 | the residents of surrounding states to enter into Rhode Island's housing market with much higher | |
22 | annual incomes at their disposal. | |
23 | (c) Strategic plan. The commission, in conjunction with the statewide planning program, | |
24 | shall develop by July 1, 2006, a five (5) year strategic plan for housing, which plan shall be adopted | |
25 | as an element of the state guide plan, and which shall include quantified goals, measurable | |
26 | intermediate steps toward the accomplishment of the goals, implementation activities, and | |
27 | standards for the production and/or rehabilitation of year-round housing to meet the housing needs | |
28 | including, but not limited to, the following: | |
29 | (1) Older Rhode Islanders, including senior citizens, appropriate, affordable housing | |
30 | options; | |
31 | (2) Workers, housing affordable at their income level; | |
32 | (3) Students, dormitory, student housing and other residential options; | |
33 | (4) Low income and very low income households, rental housing; | |
34 | (5) Persons with disabilities, appropriate housing; and | |
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1 | (6) Vulnerable individuals and families, permanent housing, single room occupancy units, | |
2 | transitional housing and shelters. | |
3 | (d) As used in this section and for the purposes of the preparation of affordable housing | |
4 | plans as specified in chapter 45-22.2, words and terms shall have the meaning set forth in chapter | |
5 | 45-22.2, chapter 45-53, and/or § 42-11-10, unless this section provides a different meaning or | |
6 | unless the context indicates a different meaning or intent. | |
7 | (1) "Affordable housing" means residential housing that has a sales price or rental amount | |
8 | that is within the means of a household that is moderate income or less. In the case of dwelling | |
9 | units for sale, housing that is affordable means housing in which principal, interest, taxes, which | |
10 | may be adjusted by state and local programs for property tax relief, and insurance constitute no | |
11 | more than thirty percent (30%) of the gross household income for a household with less than one | |
12 | hundred and twenty percent (120%) of area median income, adjusted for family size. In the case of | |
13 | dwelling units for rent, housing that is affordable means housing for which the rent, heat, and | |
14 | utilities other than telephone constitute no more than thirty percent (30%) of the gross annual | |
15 | household income for a household with eighty percent (80%) or less of area median income, | |
16 | adjusted for family size. Affordable housing shall include all types of year-round housing, | |
17 | including, but not limited to, manufactured housing, housing originally constructed for workers and | |
18 | their families, accessory dwelling units, housing accepting rental vouchers and/or tenant-based | |
19 | certificates under Section 8 of the United States Housing Act of 1937, as amended, and assisted | |
20 | living housing, where the sales or rental amount of such housing, adjusted for any federal, state, or | |
21 | municipal government subsidy, is less than or equal to thirty percent (30%) of the gross household | |
22 | income of the low and/or moderate income occupants of the housing. | |
23 | (2) "Affordable housing plan" means a plan prepared and adopted by a town or city either | |
24 | to meet the requirements of chapter 45-53 or to meet the requirements of § 45-22.2-10(f), which | |
25 | require that comprehensive plans and the elements thereof be revised to conform with amendments | |
26 | to the state guide plan. | |
27 | (3) "Approved affordable housing plan" means an affordable housing plan that has been | |
28 | reviewed and approved in accordance with § 45-22.2-9. | |
29 | (4) "Moderate income household" means a single person, family, or unrelated persons | |
30 | living together whose adjusted gross income is more than eighty percent (80%) but less than one | |
31 | hundred twenty percent (120%) of the area median income, adjusted for family size. | |
32 | (5) "Seasonal housing" means housing that is intended to be occupied during limited | |
33 | portions of the year. | |
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1 | (6) "Year-round housing" means housing that is intended to be occupied by people as their | |
2 | usual residence and/or vacant units that are intended by their owner for occupancy at all times of | |
3 | the year; occupied rooms or suites of rooms in hotels are year-round housing only when occupied | |
4 | by permanent residents as their usual place of residence. | |
5 | (e) The strategic plan shall be updated and/or amended as necessary, but not less than once | |
6 | every five (5) years. | |
7 | (f) Upon the adoption of the strategic plan as an element of the state guide plan, towns and | |
8 | cities shall bring their comprehensive plans into conformity with its requirements, in accordance | |
9 | with the timetable set forth in § 45-22.2-10(f), provided, however, that any town that has adopted | |
10 | an affordable housing plan in order to comply with the provisions of chapter 45-53, which has been | |
11 | approved for consistency pursuant to § 45-22.2-9, shall be deemed to satisfy the requirements of | |
12 | the strategic plan for low and moderate income housing until such time as the town must complete | |
13 | its next required comprehensive community plan update. | |
14 | (g) Guidelines. The commission shall advise the state planning council and the state | |
15 | planning council shall promulgate and adopt not later than July 1, 2006, guidelines for higher | |
16 | density development, including, but not limited to: (A) inclusionary zoning provisions for low and | |
17 | moderate income housing with appropriate density bonuses and other subsidies that make the | |
18 | development financially feasible; and (B) mixed-use development that includes residential | |
19 | development, which guidelines shall take into account infrastructure availability; soil type and land | |
20 | capacity; environmental protection; water supply protection; and agricultural, open space, historical | |
21 | preservation, and community development pattern constraints. | |
22 | (h) The statewide planning program shall maintain a geographic information system map | |
23 | that identifies, to the extent feasible, areas throughout the state suitable for higher density | |
24 | residential development consistent with the guidelines adopted pursuant to subsection (g). | |
25 | 42-128-9. Offices within the commission. | |
26 | There shall be, as a minimum, the following offices within the commission: the office of | |
27 | policy and planning, the office of housing program performance and evaluation, the office of | |
28 | homelessness services and emergency assistance, and the office of community development, | |
29 | programs and technical assistance. The commission may establish by rule such other offices, | |
30 | operating entities, and committees as it may deem appropriate. | |
31 | 42-128-10. Appropriations. | |
32 | The general assembly shall annually appropriate any sums it may deem necessary to enable | |
33 | the commission to carry out its assigned purposes; and the state controller is authorized and directed | |
34 | to draw his or her orders upon the general treasurer for the payment of any sums appropriated or so | |
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1 | much as may be from time to time required, upon receipt by him or her of proper vouchers approved | |
2 | by the chairperson or the executive director. | |
3 | 42-128-11. Executive director – Employees. | |
4 | The commission shall appoint an executive director, who shall not be subject to the | |
5 | provisions of chapter 4 of title 36, and who shall serve as the state housing commissioner. The | |
6 | commission shall set the compensation and the terms of employment of the executive director. The | |
7 | commission shall also cause to be employed such staff and technical and professional consultants | |
8 | as may be required to carry out the powers and duties set forth in this chapter. All staff, including | |
9 | the executive director, may be secured through a memorandum of agreement with the Rhode Island | |
10 | housing and mortgage finance corporation, as provided for in § 42-128-2(2)(ii). Any person who | |
11 | is in the civil service and is transferred to the commission may retain civil service status. | |
12 | 42-128-12. Coordination with other state agencies. | |
13 | State agencies, departments, authorities, corporations, boards, commissions, and political | |
14 | subdivisions shall cooperate with the commission in the conduct of its activities, and specifically: | |
15 | the Rhode Island historical preservation and heritage commission shall advise the commission on | |
16 | issues of historical preservation standards as they pertain to housing and the use of historical | |
17 | preservation programs to improve housing and to enhance community character; the statewide | |
18 | planning program, created pursuant to § 42-11-10, shall advise the commission on issues of | |
19 | planning in general and land use controls and shall revise the state guide plan, as necessary, to | |
20 | achieve consistency with official state plans and policies for housing adopted by the commission, | |
21 | and the department of business regulation shall advise the commission on issues of business | |
22 | regulation affecting housing, shall review its regulations and practices to determine any | |
23 | amendments, changes, or additions which might be appropriate to advance the purposes of this | |
24 | chapter, and shall designate an official within the department to serve as liaison to, and the contact | |
25 | person for, the commission on issues related to housing. | |
26 | 42-128-13. Open meetings law. | |
27 | The housing resources agency, the coordinating committee, and the housing resources | |
28 | commission and any committee, council, or advisory body created by the commission shall | |
29 | conform to the provisions of chapter 46 of this title. | |
30 | 42-128-14. Public records law. | |
31 | The housing resources agency, the coordinating committee, and the housing resources | |
32 | commission and any committee, council, or advisory body created by the commission shall | |
33 | conform to the provisions of chapter 2 of title 38. | |
34 | 42-128-15. Administrative procedures act. | |
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1 | The commission may adopt any rules, including measurable standards, in accordance with | |
2 | the provisions of chapter 35 of this title that may be necessary to the purposes of this chapter. | |
3 | 42-128-16. Annual report. | |
4 | The commission shall submit for each calendar year by March 1 of the next year a report | |
5 | to the governor and the general assembly on its activities and its findings and recommendations | |
6 | regarding housing issues, which report by census tract, shall include the number and dollar amount | |
7 | of its programs and an assessment of health related housing issues, including the incidence of lead | |
8 | poisoning. | |
9 | 42-128-17. Severability and liberal construction. | |
10 | If any provision of this chapter or the application of any provision to any person or | |
11 | circumstance is held invalid, the invalidity shall not affect other provisions or applications of the | |
12 | chapter, which can be given effect without the invalid provision or application, and to this end the | |
13 | provisions of this chapter are declared to be severable. The provisions of this chapter shall be | |
14 | construed liberally in order to accomplish the purposes of the chapter, and where any specific power | |
15 | is given to the commission, the statement shall not be deemed to exclude or impair any power | |
16 | otherwise in this chapter conferred upon the commission. | |
17 | SECTION 3. Title 42 of the General Laws entitled "State Affairs and Government" is | |
18 | hereby amended by adding thereto the following chapter: | |
19 | CHAPTER 128.3 | |
20 | HOUSING AND COMMUNITY DEVELOPMENT | |
21 | 42-128.3-1. Findings. | |
22 | (a) It is found and declared that: | |
23 | (1) In order to sustain healthy and vibrant neighborhoods, it is necessary to have programs | |
24 | for housing and community development. Housing affects state and local governments, the | |
25 | economy, and multiple dimensions of Rhode Island residents’ welfare and quality of life. | |
26 | (2) Rhode Island faces major challenges regarding housing affordability. High housing | |
27 | costs and a lack of safe, affordable housing options are a source of hardship for persons and families | |
28 | across the state, affecting conditions of homelessness as well as hampering state and local | |
29 | economies. | |
30 | (3) While Rhode Island has private and non-profit sectors that actively engage in supplying | |
31 | housing, significant additional production is needed to meet the needs of Rhode Island’s current | |
32 | and projected population. Creative funding mechanisms and regulatory strategies are needed at the | |
33 | state and local level to achieve increased production. | |
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| |
1 | (4) There remains significant unmet need in Rhode Island for supportive living | |
2 | arrangements for elderly, disabled, or homeless residents. | |
3 | (5) State and local governments must partner to remove regulatory barriers to adequate | |
4 | housing production, including by leveraging zoning and building regulations to facilitate the | |
5 | construction, rehabilitation, and retrofitting of properties for safe and productive residential use. | |
6 | (6) Innovative community planning and development tools are needed to offset escalating | |
7 | land and project financing costs that contribute to the overall cost of housing and tend to restrict its | |
8 | development and preservation. | |
9 | (7) The state has the opportunity to foster the formation of cooperative partnerships | |
10 | between communities and institutions of higher education to significantly increase the amount of | |
11 | residential housing options for students. | |
12 | (8) Rhode Island has an older housing stock that contributes invaluably to community | |
13 | character, but also requires resources to ensure that dwellings remain habitable and comply with | |
14 | modern safety and accessibility standards. | |
15 | (9) Housing that is not adequately maintained impairs public health and safety. Respiratory | |
16 | disease (asthma) and poisoning from lead paint remain significant housing-related health problems | |
17 | in Rhode Island. Additionally, there is increasing evidence that unstable housing conditions have a | |
18 | significant negative impact on individual and public health. | |
19 | (10) Rhode Island must give continuing attention to the unequal treatment of individuals | |
20 | based on their race, ethnicity, age, disability, familial status, and other protected characteristics in | |
21 | order to affirmatively further fair housing and foster inclusive communities free from | |
22 | discriminatory barriers to opportunity. | |
23 | (11) In order to comprehensively address housing challenges statewide, it is necessary and | |
24 | desirable for the state to maintain a strategic housing plan that addresses the housing needs of | |
25 | different populations including, but not limited to, workers and their families who earn less than | |
26 | one hundred twenty percent (120%) of median income; older citizens; students attending | |
27 | institutions of higher education; low and very low income individuals and families; and vulnerable | |
28 | populations including, but not limited to, persons with disabilities, homeless individuals and | |
29 | families, and individuals released from correctional institutions. | |
30 | (12) To protect public health and welfare, it is necessary and desirable to establish a | |
31 | division of housing and community development that administers programs to improve housing | |
32 | conditions, promote housing affordability, engage in community development and disaster | |
33 | assistance, provide services for the homeless, and assist the urban, suburban, and rural communities | |
34 | of the state. | |
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1 | (13) To integrate, coordinate, and provide coherence to housing policies and programs | |
2 | across the state’s agencies and political subdivisions, it is necessary and desirable to establish a | |
3 | housing resources coordinating council that monitors and organizes state activity pertaining to | |
4 | housing. | |
5 | (14) To incorporate community and stakeholder input into the long-term vision for housing | |
6 | policy in the state of Rhode Island, as well as to ensure the effective deployment of existing | |
7 | resources, it is necessary and desirable to establish a housing resources steering committee that | |
8 | advises the housing resources coordinating council on all matters pertaining to housing, including | |
9 | policy goals, strategic directions, funding priorities, and guidelines and performance metrics for | |
10 | state housing programs. | |
11 | 42-128.3-2. Short title. | |
12 | This chapter shall be known as "The Housing and Community Development Act.” | |
13 | 42-128.3-3. Purposes. | |
14 | The purposes of this chapter are to: | |
15 | (a) To promote stability and quality of life in communities and neighborhoods in Rhode | |
16 | Island. | |
17 | (b) To promote the availability of safe, sanitary, decent, adequate, affordable, and | |
18 | accessible housing within communities and neighborhoods. | |
19 | (c) To encourage and support partnerships between public and private institutions, | |
20 | communities and institutions of higher education in order to develop and retain quality, healthy | |
21 | housing and sustainable communities. | |
22 | (d) To foster and support non-profit organizations, including community development | |
23 | corporations, and their associations and intermediaries, that are engaged in providing services | |
24 | related to housing and community development. | |
25 | (e) To facilitate private, nonprofit and for-profit production and rehabilitation of housing | |
26 | for diverse populations and income groups. | |
27 | (f) To provide, facilitate, and/or support the provision of technical assistance related to | |
28 | housing and community development. | |
29 | 42-128.3-4. Division of Housing and Community Development created – Assignment | |
30 | of contracts and transfer of employees – Offices – Powers and duties. – Organization. | |
31 | (a) Created. There is created within the executive branch a division of housing and | |
32 | community development (“DHCD”) with responsibility for administering plans, policies, | |
33 | standards, programs, and technical assistance for housing and community development. | |
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| |
1 | (b) Assignment of contracts and transfer of employees. Any contracts or agreements to | |
2 | which the office formerly known as the office of housing and community development (“OHCD”) | |
3 | shall be assigned to DHCD. Any employees of OHCD shall be transferred to DHCD. Any existing | |
4 | rules or regulations promulgated by OHCD shall remain in effect and be transferred to DHCD. | |
5 | Whenever any general law, or public law, rule, regulation and/or bylaw, refers to the "office of | |
6 | housing and community development," the reference shall be deemed to refer to and mean DHCD. | |
7 | (c) Offices. DHCD may establish such offices and committees as it may deem appropriate. | |
8 | (d) Powers and duties. In order to maintain the quality of housing in Rhode Island and | |
9 | provide housing opportunities for all of its residents, DHCD shall have the following powers and | |
10 | duties: | |
11 | (1) To administer programs pertaining to housing, housing services, and community | |
12 | development, including, but not limited to, programs pertaining to: | |
13 | (i) Services for the homeless; | |
14 | (ii) Rental assistance; | |
15 | (iii) Community development; | |
16 | (iv) Disaster assistance; | |
17 | (v) Outreach, education and technical assistance services; and | |
18 | (vi) Assistance, including financial support, to non-profit organizations and community | |
19 | development corporations. | |
20 | (2) To delegate any of its powers as necessary in order to accomplish the purposes of this | |
21 | chapter. | |
22 | (e) Organization. Consistent with § 42-64.19-7(h), DHCD shall be assigned to the | |
23 | Executive Office of Commerce. | |
24 | 42-128.3-5. Housing resources coordinating council created – Powers and duties – | |
25 | Members –Employees – Assignment of contracts and transfer of employees. | |
26 | (a) Created. There is created within the executive branch a housing resources coordinating | |
27 | council (“coordinating council”) that shall have as its purpose the coordination of housing policies | |
28 | and programs across state agencies and political subdivisions in order to ensure the efficient and | |
29 | effective deployment of resources. | |
30 | (b) Powers and duties. The coordinating council is authorized and empowered to carry out | |
31 | the following powers and duties: | |
32 | (1) To negotiate and to enter into contracts and cooperative agreements with agencies and | |
33 | political subdivisions of the state, not-for-profit corporations, for profit corporations, and other | |
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| |
1 | partnerships, associations and persons for any lawful purpose necessary and desirable to effect the | |
2 | purposes of this chapter, subject to the provisions of chapter 2 of title 37 as applicable. | |
3 | (2) To establish committees, workgroups, and advisory bodies as deemed necessary to | |
4 | advise on housing policy, strategy, and special topics. | |
5 | (3) To develop, in consultation with the housing resources steering committee, state plans, | |
6 | policies, and programs for housing. | |
7 | (4) To adopt performance metrics and guidelines for state housing programs. | |
8 | (5) To monitor and evaluate the performance of state housing programs, and to convey | |
9 | updates to the housing resources steering committee on program performance, including progress | |
10 | towards the goals and metrics identified in the state’s strategic housing plan and/or plan to end | |
11 | homelessness. | |
12 | (6) To adopt, in consultation with the housing resources steering committee, measures to | |
13 | promote inclusive community input on state housing plans, policies, programs, and deployment of | |
14 | funds. | |
15 | (7) To adopt by-laws and rules for the management of its affairs and the exercise of its | |
16 | powers and duties. | |
17 | (8) To grant or loan funds to agencies and political subdivisions of the state or to private | |
18 | groups for any lawful purpose necessary and desirable to effect the purposes of this chapter. | |
19 | (9) To secure the cooperation and assistance of the United States and any of its agencies. | |
20 | (10) To establish, charge, and collect fees and payments for its services. | |
21 | (11) To accept grant funds and in-kind contributions from governmental and private | |
22 | entities. | |
23 | (12) To delegate any of its powers in order to accomplish the purposes of this chapter. | |
24 | (c) Members. The coordinating council shall be comprised of the chairperson of the Rhode | |
25 | Island housing and mortgage finance corporation, or designee; the chairperson of the housing | |
26 | resources steering committee; the secretary of commerce, or designee; the secretary of health and | |
27 | human services, or designee; a member of the Rhode Island Continuum of Care who also represent | |
28 | an agency or political subdivision of the state; and two (2) members appointed by the governor, | |
29 | who each also represent an agency or political subdivision of the state. The governor shall designate | |
30 | one of the coordinating council’s members to be chairperson. | |
31 | (d) Employees. The governor shall appoint, with the advice of the coordinating council, an | |
32 | executive director of the coordinating council, who shall not be subject to the provisions of chapter | |
33 | 4 in title 36, and who may also serve in the executive office of commerce as the deputy secretary | |
34 | of housing and homelessness. The coordinating council shall also cause to be employed such other | |
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| |
1 | staff and technical and professional consultants as may be required to carry out the powers and | |
2 | duties set forth in this chapter. All staff, including the executive director, may be secured through | |
3 | a memorandum of agreement with the Rhode Island housing and mortgage finance corporation, | |
4 | with the approval of Rhode Island housing and mortgage finance corporation, or any other agency | |
5 | or political subdivision of the state, with the approval of the relevant agency or political subdivision. | |
6 | Any person who is in the civil service and is transferred to the coordinating council may retain civil | |
7 | service status. | |
8 | (e) Assignment of contracts and transfer of employees. Any contracts or agreements to | |
9 | which the agency formerly known the housing resources commission shall be assigned to the | |
10 | coordinating council. Any employees of the agency formerly known as the housing resources | |
11 | commission shall be transferred to the coordinating council. Any existing rules or regulations | |
12 | promulgated by the housing resources commission shall remain in effect and be transferred to the | |
13 | coordinating council. Whenever any general law, or public law, rule, regulation and/or bylaw, | |
14 | refers to the "housing resources commission," the reference shall be deemed to refer to and mean | |
15 | the coordinating council. | |
16 | 42-128.3-6. Appropriations – Restricted receipts account. | |
17 | (a) The general assembly shall annually appropriate any sums it may deem necessary to | |
18 | enable the coordinating council to carry out its assigned purposes; and the state controller is | |
19 | authorized and directed to draw his or her orders upon the general treasurer for the payment of any | |
20 | sums appropriated or so much as may be from time to time required, upon receipt by him or her of | |
21 | proper vouchers approved by the chairperson or the executive director. | |
22 | (b) The restricted receipt account within the general fund of the state known as “housing | |
23 | resources commission” prior to July 1, 2020, shall henceforth be utilized by the housing resources | |
24 | coordinating council. Funds from this account shall be used by the coordinating council to provide | |
25 | for initiatives including housing production; lead hazard abatement; housing rental subsidy; | |
26 | housing retention assistance; and homelessness services and prevention assistance, with priority to | |
27 | veterans. | |
28 | (c) There is hereby established a restricted receipt account within the general fund of the | |
29 | state, to be known as the “housing production fund”. Funds from this account shall be administered | |
30 | by the Rhode Island housing and mortgage finance corporation, subject to program and reporting | |
31 | guidelines adopted by the coordinating council, for housing production initiatives, including: | |
32 | (1) Financial assistance by loan, grant, or otherwise, for the planning, production, or | |
33 | preservation of housing opportunities in Rhode Island, including housing affordable to workers and | |
34 | located near major workforce centers; or | |
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| |
1 | (2) Technical and financial assistance for cities and towns to support increased local | |
2 | housing production, including by reducing regulatory barriers and through the housing incentives | |
3 | for municipalities program. | |
4 | 42-128.3-7. Rhode Island housing and mortgage finance corporation. | |
5 | The Rhode Island housing and mortgage finance corporation established by chapter 55 of | |
6 | this title shall remain an independent corporation and shall serve as the housing finance and | |
7 | development division of the state. | |
8 | 42-128.3-8. Housing resources steering committee created – Powers and duties – | |
9 | Members – Officers – Expenses – Meetings. | |
10 | (a) Created. There is created a standing committee to be known as the housing resources | |
11 | steering committee (“steering committee”). The steering committee is established for the purposes | |
12 | of incorporating community and stakeholder input into: (i) the long-term vision for housing policy | |
13 | in the state of Rhode Island, and (ii) the deployment of existing resources. | |
14 | (b) Powers and duties. The steering committee shall have the powers and duties: | |
15 | (1) To adopt the state of Rhode Island’s strategic housing plan; provided, however, that | |
16 | this provision shall not be interpreted to contravene the prerogative of the state planning council to | |
17 | adopt a state guide plan for housing. | |
18 | (2) To adopt the state of Rhode Island’s plan to end homelessness. | |
19 | (3) To monitor and evaluate the progress of state housing programs towards the goals and | |
20 | metrics identified in the state’s strategic housing plan and/or plan to end homelessness. | |
21 | (4) To make recommendations to the coordinating council on all matters pertaining to | |
22 | housing, including policy goals, strategic directions, funding priorities, and guidelines and | |
23 | performance metrics for state housing programs. | |
24 | (5) To make recommendations to the coordinating council on program and reporting | |
25 | guidelines for the housing production fund established pursuant to § 42-128.3-6(c). | |
26 | (6) To make recommendations to the coordinating council on strategies to ensure inclusive | |
27 | community input on state housing plans, policies, and program development. | |
28 | (7) To conduct research and make independent reports on housing issues, including by (i) | |
29 | inviting experts and other witnesses to submit testimony and (ii) contracting with experts and | |
30 | consultants as necessary to inform deliberations and recommendations. | |
31 | (8) To accept grant funds and in-kind contributions from governmental and private entities. | |
32 | (9) To adopt by-laws and rules for the management of its affairs and for the exercise of its | |
33 | powers and duties. | |
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| |
1 | (c) Members. The steering committee shall be comprised of nineteen (19) members as | |
2 | follows: | |
3 | (1) Thirteen (13) members to be appointed by the governor with the advice and consent of | |
4 | the senate and drawn from the following areas: disability advocacy; homelessness; veterans | |
5 | services and welfare; banking and lending; fair housing and/or civil rights advocacy; education | |
6 | advocacy; healthy housing and/or health equity; the business community; public housing | |
7 | authorities; for-profit development; non-profit development and/or community development | |
8 | corporations; local government; seniors and healthy aging; colleges and universities; realty and | |
9 | homeownership; or any other area deemed necessary to advance the activities of the steering | |
10 | committee. | |
11 | (2) The six (6) members of coordinating council who represent a state agency or political | |
12 | subdivision. | |
13 | (3) The terms of steering committee members appointed pursuant to § 42-128.3-8(c)(1) | |
14 | shall be three (3) years, except for the original appointments, the term of four (4) of whom shall be | |
15 | one year and the term of four (4) of whom shall be two (2) years; no member may serve more than | |
16 | two (2) successive terms. | |
17 | (d) Officers. The governor shall designate one of the steering committee’s members to be | |
18 | chairperson. The steering committee shall elect annually a vice-chairperson, who shall be | |
19 | empowered to preside at meetings in the absence of the chairperson, and a secretary. | |
20 | (e) Expenses. Members of the steering committee appointed pursuant § 42-128.3-8(c)(1) | |
21 | shall serve without compensation, but may be reimbursed for their reasonable actual expenses | |
22 | necessarily incurred in the performance of their duties. | |
23 | (f) Meetings. Meetings of the steering committee shall be held upon the call of the | |
24 | chairperson, or five (5) members; provided, however, that the steering committee shall meet at least | |
25 | once quarterly. A majority of members, not including vacancies, shall constitute a quorum, and no | |
26 | vacancy in the membership shall impair the right of a quorum to exercise all the rights and perform | |
27 | all of the duties of the steering committee. | |
28 | 42-128.3-9. Coordination with other state agencies. | |
29 | All departments, boards, agencies, and political subdivisions of the state shall cooperate | |
30 | with DHCD, the coordinating council, and the steering committee, and furnish any advice and | |
31 | information, documentary and otherwise, that may be necessary or desirable to facilitate the | |
32 | purposes of this chapter. | |
33 | 42-128.3-10. Definitions – Strategic housing plan – Updates – Conformity – | |
34 | Guidelines. | |
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| |
1 | (a) Definitions. As used in this section and for the purposes of the preparation of affordable | |
2 | housing plans as specified in chapter 45-22.2, words and terms shall have the meaning set forth in | |
3 | chapter 45-22.2, chapter 45-53, and/or § 42-11-10, unless this section provides a different meaning | |
4 | or unless the context indicates a different meaning or intent. | |
5 | (1) "Affordable housing" means residential housing that has a sales price or rental amount | |
6 | that is within the means of a household that is moderate income or less. In the case of dwelling | |
7 | units for sale, housing that is affordable means housing in which principal, interest, taxes, which | |
8 | may be adjusted by state and local programs for property tax relief, and insurance constitute no | |
9 | more than thirty percent (30%) of the gross household income for a household with less than one | |
10 | hundred and twenty percent (120%) of area median income, adjusted for family size. In the case of | |
11 | dwelling units for rent, housing that is affordable means housing for which the rent, heat, and | |
12 | utilities other than telephone constitute no more than thirty percent (30%) of the gross annual | |
13 | household income for a household with eighty percent (80%) or less of area median income, | |
14 | adjusted for family size. Affordable housing shall include all types of year-round housing, | |
15 | including, but not limited to, manufactured housing, housing originally constructed for workers and | |
16 | their families, accessory dwelling units, housing accepting rental vouchers and/or tenant-based | |
17 | certificates under Section 8 of the United States Housing Act of 1937, as amended, and assisted | |
18 | living housing, where the sales or rental amount of such housing, adjusted for any federal, state, or | |
19 | municipal government subsidy, is less than or equal to thirty percent (30%) of the gross household | |
20 | income of the low and/or moderate income occupants of the housing. | |
21 | (2) "Affordable housing plan" means a plan prepared and adopted by a town or city either | |
22 | to meet the requirements of chapter 45-53 or to meet the requirements of § 45-22.2-10(f), which | |
23 | require that comprehensive plans and the elements thereof be revised to conform with amendments | |
24 | to the state guide plan. | |
25 | (3) "Approved affordable housing plan" means an affordable housing plan that has been | |
26 | reviewed and approved in accordance with § 45-22.2-9. | |
27 | (4) "Moderate income household" means a single person, family, or unrelated persons | |
28 | living together whose adjusted gross income is more than eighty percent (80%) but less than one | |
29 | hundred twenty percent (120%) of the area median income, adjusted for family size. | |
30 | (5) "Seasonal housing" means housing that is intended to be occupied during limited | |
31 | portions of the year. | |
32 | (6) "Year-round housing" means housing that is intended to be occupied by people as their | |
33 | usual residence and/or vacant units that are intended by their owner for occupancy at all times of | |
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| |
1 | the year; occupied rooms or suites of rooms in hotels are year-round housing only when occupied | |
2 | by permanent residents as their usual place of residence. | |
3 | (b) Strategic housing plan. The steering committee, in conjunction with the statewide | |
4 | planning program, shall adopt a four (4) year strategic plan for housing, which plan shall be adopted | |
5 | as an element of the state guide plan, and which shall include quantified goals, measurable | |
6 | intermediate steps toward the accomplishment of the goals, implementation activities, and | |
7 | standards for the production and/or rehabilitation of year-round housing to meet the housing needs | |
8 | including, but not limited to, the following: | |
9 | (1) Older Rhode Islanders, including senior citizens, appropriate, affordable housing | |
10 | options; | |
11 | (2) Workers, housing affordable at their income level; | |
12 | (3) Students, dormitory, student housing and other residential options; | |
13 | (4) Low income and very low income households, rental housing; | |
14 | (5) Persons with disabilities, appropriate housing; and | |
15 | (6) Vulnerable individuals and families, permanent housing, single room occupancy units, | |
16 | transitional housing and shelters. | |
17 | (c) Updates. The strategic housing plan shall be updated and/or amended as necessary, but | |
18 | not less than once every four (4) years. | |
19 | (d) Conformity. Upon the adoption of the strategic housing plan as an element of the state | |
20 | guide plan, towns and cities shall bring their comprehensive plans into conformity with its | |
21 | requirements, in accordance with the timetable set forth in § 45-22.2-10(f), provided, however, that | |
22 | any town that has adopted an affordable housing plan in order to comply with the provisions of | |
23 | chapter 45-53, which has been approved for consistency pursuant to § 45-22.2-9, shall be deemed | |
24 | to satisfy the requirements of the strategic plan for low and moderate income housing until such | |
25 | time as the town must complete its next required comprehensive community plan update. | |
26 | (e) Guidelines. The steering committee shall advise the state planning council, and the state | |
27 | planning council shall promulgate and adopt, guidelines for higher density development, including, | |
28 | but not limited to: (i) inclusionary zoning provisions for low and moderate income housing with | |
29 | appropriate density bonuses and other subsidies that make the development financially feasible; | |
30 | and (ii) mixed-use development that includes residential development, which guidelines shall take | |
31 | into account infrastructure availability; soil type and land capacity; environmental protection; water | |
32 | supply protection; and agricultural, open space, historical preservation, and community | |
33 | development pattern constraints. | |
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1 | (f) The statewide planning program shall maintain a geographic information system map | |
2 | that identifies, to the extent feasible, areas throughout the state suitable for higher density | |
3 | residential development consistent with the guidelines adopted pursuant to subsection (e) | |
4 | immediately above. | |
5 | 42-128.3-11. Open meetings law. | |
6 | DHCD, the coordinating council, steering committee, and any other committee, council, or | |
7 | advisory body created by the coordinating council shall conform to the provisions of chapter 46 of | |
8 | this title. | |
9 | 42-128.3-12. State purchasing laws. | |
10 | DHCD, the coordinating council, the steering committee, and any other committee, | |
11 | council, or advisory body created by the coordinating council shall conform to the provisions of | |
12 | chapter 2 of title 37 as applicable. | |
13 | 42-128.3-13. Public records law. | |
14 | DHCD, the coordinating council, the steering committee, and any other committee, | |
15 | council, or advisory body created by the coordinating council shall conform to the provisions of | |
16 | chapter 2 of title 38. | |
17 | 42-128.3-14. Administrative procedures act. | |
18 | (a) DHCD may adopt any rules and regulations, including measurable standards, in | |
19 | accordance with the provisions of chapter 35 of this title that may be necessary to carry out the | |
20 | purposes of this chapter. | |
21 | (b) The coordinating council may adopt any rules and regulations, including measurable | |
22 | standards, in accordance with the provisions of chapter 35 of this title that may be necessary to | |
23 | carry out the purposes of this chapter. | |
24 | 42-128.3-15. Annual reports. | |
25 | (a) The coordinating council shall submit for each calendar year by March 1 of the next | |
26 | year a report to the governor and the general assembly on its activities, findings, and | |
27 | recommendations regarding housing issues, including the number and dollar amount of its | |
28 | programs. | |
29 | (b) DHCD shall submit for each calendar year by March 1 of the next year a report to the | |
30 | governor and the general assembly on its activities, findings, and recommendations regarding | |
31 | housing issues, including the number and dollar amount of its programs. | |
32 | 42-128.3-16. Severability and liberal construction. | |
33 | If any provision of this chapter or the application of any provision to any person or | |
34 | circumstance is held invalid, the invalidity shall not affect other provisions or applications of the | |
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1 | chapter, which can be given effect without the invalid provision or application, and to this end the | |
2 | provisions of this chapter are declared to be severable. The provisions of this chapter shall be | |
3 | construed liberally in order to accomplish the purposes of the chapter, and any specific power given | |
4 | to DHCD, the coordinating council, or the steering committee shall not be deemed to exclude or | |
5 | impair any power otherwise in this chapter conferred upon DHCD, the coordinating council, or the | |
6 | steering committee. | |
7 | SECTION 4. Title 42 of the General Laws entitled "STATE AFFAIRS AND | |
8 | GOVERNMENT" is hereby amended by adding thereto the following chapter: | |
9 | CHAPTER 42-128.4 | |
10 | HOUSING INCENTIVES FOR MUNICIPALITIES | |
11 | 42-128.4. Short title. | |
12 | This chapter shall be known as "Housing Incentives for Municipalities." | |
13 | 42-128.4-2. Establishment of program. | |
14 | There is hereby established a housing incentive for municipalities program to be | |
15 | administered as set forth in this chapter by the housing resources coordinating council | |
16 | (“coordinating council”), in consultation with the division of statewide planning and the Rhode | |
17 | Island housing and mortgage finance corporation. | |
18 | 42-128.4-4. Purposes. | |
19 | The coordinating council is authorized and empowered to carry out the program for the | |
20 | following purposes: | |
21 | (a) To foster and maintain strong collaborations with municipalities in the state. | |
22 | (b) To support and assist municipalities in promoting housing production that adequately | |
23 | meets the needs of Rhode Island’s current and future residents. | |
24 | (c) To make diverse, high-quality, and accessible housing options readily available to | |
25 | residents within their local communities. | |
26 | (d) To enable residents to live near convenient public transit and other commercial and | |
27 | cultural resources. | |
28 | (e) To make development decisions fair, predictable, and cost effective. | |
29 | (f) To foster distinctive, attractive, and resilient communities, while preserving the state’s | |
30 | open space, farmland, and natural beauty. | |
31 | 42-128.4-4. Definitions. | |
32 | As used in this chapter: | |
33 | (1) “The coordinating council” means the Rhode Island housing resources coordinating | |
34 | council established pursuant to § 42-128.3-5. | |
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1 | (2) "Eligible locations'' means an area designated by the coordinating council as a suitable | |
2 | site for a housing incentive district by virtue of its infrastructure, existing underutilized facilities, | |
3 | or other advantageous qualities, including (i) proximity to public transit centers, including | |
4 | commuter rail, bus, and ferry terminals; or (ii) proximity to areas of concentrated development, | |
5 | including town and city centers or other existing commercial districts. | |
6 | (3) “Eligible student” means a child that (i) lives in a newly constructed dwelling unit | |
7 | within a housing incentive district, to the extent that the unit could not have been realized under the | |
8 | underlying zoning, and (ii) attends a school in the city or town. | |
9 | (4) “School impact offset payments” means a payment to a city or town to help offset | |
10 | increased municipal costs of educating eligible students. | |
11 | (5) "Housing incentive district” means an overlay district adopted by a city or town | |
12 | pursuant to this chapter. A housing incentive district is intended to encourage residential | |
13 | development and must permit minimum residential uses. A housing incentive district may | |
14 | accommodate uses complimentary to the primary residential uses, as deemed appropriate by the | |
15 | adopting city or town; however, the majority of development on lots within a housing incentive | |
16 | district must be residential. Land development plans within a housing incentive district shall be | |
17 | treated as minor land development plans, as defined by § 45-23-32, unless otherwise specified by | |
18 | ordinance. | |
19 | 42-128.4-5. Adoption of housing incentive districts. | |
20 | (a) In its zoning ordinance, a city or town may adopt a housing incentive district in any eligible | |
21 | location. | |
22 | (b) The adoption, amendment, or repeal of such ordinance shall be in accordance with the | |
23 | provisions of chapter 45-24. | |
24 | (c) A housing incentive district shall comply with this chapter and any minimum requirements | |
25 | established by the coordinating council. | |
26 | (d) The zoning ordinance for each housing incentive district shall specify the procedure for | |
27 | land development and subdivision review within the district in accordance with this chapter and | |
28 | the regulations of the coordinating council. | |
29 | (e) Nothing in this chapter shall affect a city or town's authority to amend its zoning ordinances | |
30 | under chapter 45-24. | |
31 | 42-128.4-6. Assistance to municipalities. | |
32 | (a) The coordinating council is authorized and empowered, at its discretion, to provide all | |
33 | manner of support and assistance to municipalities in connection with fostering local housing | |
34 | production, including, but not limited to: | |
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1 | (1) Providing technical assistance for the preparation, adoption, or implementation of laws, | |
2 | regulations, or processes related to residential development. | |
3 | (2) Authorizing the Rhode Island housing and mortgage finance corporation to issue school | |
4 | impact offset payments to participating municipalities. | |
5 | 42-128.4-7. Rules and regulations - Reports. | |
6 | (a) The coordinating council is hereby authorized to promulgate such rules and | |
7 | regulations as are necessary to fulfill the purposes of this chapter, including, but not limited to, | |
8 | provisions relating to: application criteria; eligible locations for housing incentive districts; | |
9 | minimum requirements for housing incentive districts; eligible students for the calculation of | |
10 | school impact offset payments; and the amount and method of payment to cities and towns for | |
11 | school impact offset payments. | |
12 | (b) The coordinating council shall include in its annual report information on the | |
13 | commitment and disbursement of funds allocated under the program. The report shall be provided | |
14 | to the governor, the secretary of commerce, speaker of the house of representatives and the | |
15 | president of the senate. | |
16 | 42-128.4-8. Program integrity. | |
17 | Program integrity being of paramount importance, the coordinating council shall establish | |
18 | procedures to ensure ongoing compliance with the terms and conditions of the program established | |
19 | herein, including procedures to safeguard the expenditure of public funds and to ensure that the | |
20 | funds further the purposes of the program. | |
21 | 42-128.4-9. Cooperation. | |
22 | Any department, agency, council, board, or other public instrumentality of the state shall | |
23 | cooperate with the coordinating council in relation to the implementation, execution and | |
24 | administration of the program created under this chapter. | |
25 | SECTION 5. Sections 44-25-1 and 44-25-2 of the General Laws in Chapter 44-25 | |
26 | entitled “Real Estate Conveyance Tax” are hereby amended to read as follows: | |
27 | 44-25-1. Tax imposed – Payment – Burden. | |
28 | (a) There is imposed, on each deed, instrument, or writing by which any lands, tenements, | |
29 | or other realty sold is granted, assigned, transferred, or conveyed to, or vested in, the purchaser or | |
30 | purchasers, or any other person or persons, by his or her or their direction, or on any grant, | |
31 | assignment, transfer, or conveyance or such vesting, by such persons which has the effect of making | |
32 | any real estate company an acquired real estate company, when the consideration paid exceeds one | |
33 | hundred dollars ($100), a tax at the rate of (1) two dollars and thirty cents ($2.30) for each five | |
34 | hundred dollars ($500), or fractional part of it, of the first five hundred thousand dollars ($500,000) | |
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1 | of the consideration paid, and (2) at the rate of four dollars and sixty cents ($4.60) for each five | |
2 | hundred dollars ($500), or fractional part of it, of the consideration paid in excess of five hundred | |
3 | thousand dollars ($500,000) which that is paid for the purchase of property or the interest in an | |
4 | acquired real estate company (inclusive of the value of any lien or encumbrance remaining at the | |
5 | time of the sale, grant, assignment, transfer or conveyance or vesting occurs, or in the case of an | |
6 | interest in an acquired real estate company, a percentage of the value of such lien or encumbrance | |
7 | equivalent to the percentage interest in the acquired real estate company being granted, assigned, | |
8 | transferred, conveyed or vested), which. The tax is payable at the time of making, the execution, | |
9 | delivery, acceptance or presentation for recording of any instrument affecting such transfer grant, | |
10 | assignment, transfer, conveyance or vesting. In the absence of an agreement to the contrary, the tax | |
11 | shall be paid by the grantor, assignor, transferor or person making the conveyance or vesting. | |
12 | (b) In the event no consideration is actually paid for the lands, tenements, or realty, the | |
13 | instrument or interest in an acquired real estate company of conveyance shall contain a statement | |
14 | to the effect that the consideration is such that no documentary stamps are required. | |
15 | (c) The tax administrator shall contribute | |
16 | (c) The tax shall be distributed as follows: | |
17 | (i) With respect to the portion of the tax assessed against the first five hundred thousand | |
18 | dollars ($500,000) of the consideration paid: the tax administrator shall contribute to the distressed | |
19 | community relief program the sum of thirty cents ($.30) per two dollars and thirty cents ($2.30) of | |
20 | the face value of the stamps to be distributed pursuant to § 45-13-12, and to the housing resources | |
21 | commission restricted receipts account established pursuant to § 42-128.3-6(2) the sum of thirty | |
22 | cents ($.30) per two dollars and thirty cents ($2.30) of the face value of the stamps. Funds will be | |
23 | administered by the office of housing and community development, through the housing resources | |
24 | commission. The state shall retain sixty cents ($.60) for state use. The balance of the tax shall be | |
25 | retained by the municipality collecting the tax. | |
26 | (ii) With respect to the portion of the tax assessed against the consideration paid in excess | |
27 | of five hundred thousand dollars ($500,000): the tax administrator shall contribute to the distressed | |
28 | community relief program the sum of thirty cents ($.30) per four dollars and sixty cents ($4.60) of | |
29 | the face value of the stamps to be distributed pursuant to § 45-13-12, to the restricted receipt account | |
30 | established pursuant to § 42-128.3-6(2) the sum of thirty cents ($.30) per four dollars and sixty | |
31 | cents ($4.60) of the face value of the stamps, and to the housing production fund established | |
32 | pursuant to § 42-128.3-6(3) the sum of two dollars and thirty cents ($2.30) per four dollars and | |
33 | sixty cents ($4.60) of the face value of the stamps. The state shall retain sixty cents ($.60) for state | |
34 | use. The balance of the tax shall be retained by the municipality collecting the tax. | |
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1 | (iii) Notwithstanding the above, in the case of the tax on the grant, transfer, assignment or | |
2 | conveyance or vesting with respect to an acquired real estate company, the tax shall be collected | |
3 | by the tax administrator and shall be distributed to the municipality where the real estate owned by | |
4 | the acquired real estate company is located provided, however, in the case of any such tax collected | |
5 | by the tax administrator, if the acquired real estate company owns property located in more than | |
6 | one municipality, the proceeds of the tax shall be allocated amongst said municipalities in the | |
7 | proportion the assessed value of said real estate in each such municipality bears to the total of the | |
8 | assessed values of all of the real estate owned by the acquired real estate company in Rhode Island. | |
9 | Provided, however, in fiscal years 2004 and 2005, from the proceeds of this tax, the tax | |
10 | administrator shall deposit as general revenues the sum of ninety cents ($.90) per two dollars and | |
11 | thirty cents ($2.30) of the face value of the stamps. The balance of the tax on the purchase of | |
12 | property shall be retained by the municipality collecting the tax. The balance of the tax on the | |
13 | transfer with respect to an acquired real estate company, shall be collected by the tax administrator | |
14 | and shall be distributed to the municipality where the property for which interest is sold is | |
15 | physically located. Provided, however, that in the case of any tax collected by the tax administrator | |
16 | with respect to an acquired real estate company where the acquired real estate company owns | |
17 | property located in more than one municipality, the proceeds of the tax shall be allocated amongst | |
18 | the municipalities in proportion that the assessed value in any such municipality bears to the | |
19 | assessed values of all of the real estate owned by the acquired real estate company in Rhode Island. | |
20 | With respect to the revenue collected by the division of taxation on behalf of each municipality in | |
21 | this section, before distributing said revenue to the municipalities, a two percent (2%) | |
22 | administrative fee shall be deducted therefrom and transferred to the general fund. | |
23 | (d) For purposes of this section, the term "acquired real estate company" means a real | |
24 | estate company that has undergone a change in ownership interest if (i) such change does not affect | |
25 | the continuity of the operations of the company; and (ii) the change, whether alone or together with | |
26 | prior changes has the effect of granting, transferring, assigning or conveying or vesting, transferring | |
27 | directly or indirectly, 50% or more of the total ownership in the company within a period of three | |
28 | (3) years. For purposes of the foregoing subsection (ii) hereof, a grant, transfer, assignment or | |
29 | conveyance or vesting, shall be deemed to have occurred within a period of three (3) years of | |
30 | another grant(s), transfer(s), assignment(s) or conveyance(s) or vesting(s) if during the period the | |
31 | granting, transferring, assigning or conveying or party provides the receiving party a legally binding | |
32 | document granting, transferring, assigning or conveying or vesting said realty or a commitment or | |
33 | option enforceable at a future date to execute the grant, transfer, assignment or conveyance or | |
34 | vesting. | |
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1 | (e) A real estate company is a corporation, limited liability company, partnership or other | |
2 | legal entity which meets any of the following: | |
3 | (i) Is primarily engaged in the business of holding, selling or leasing real estate, where 90% | |
4 | or more of the ownership of said real estate is held by 35 or fewer persons and which company | |
5 | either (a) derives 60% or more of its annual gross receipts from the ownership or disposition of real | |
6 | estate; or (b) owns real estate the value of which comprises 90% or more of the value of the entity's | |
7 | entire tangible asset holdings exclusive of tangible assets which are fairly transferrable and actively | |
8 | traded on an established market; or | |
9 | (ii) 90% or more of the ownership interest in such entity is held by 35 or fewer persons and | |
10 | the entity owns as 90% or more of the fair market value of its assets a direct or indirect interest in | |
11 | a real estate company. An indirect ownership interest is an interest in an entity 90% or more of | |
12 | which is held by 35 or fewer persons and the purpose of the entity is the ownership of a real estate | |
13 | company. | |
14 | (f) In the case of a grant, assignment, transfer or conveyance or vesting which results in a | |
15 | real estate company becoming an acquired real estate company, the grantor, assignor, transferor, or | |
16 | person making the conveyance or causing the vesting, shall file or cause to be filed with the division | |
17 | of taxation, at least five (5) days prior to the grant, transfer, assignment or conveyance or vesting, | |
18 | notification of the proposed grant, transfer, assignment, or conveyance or vesting, the price, terms | |
19 | and conditions of thereof, and the character and location of all of the real estate assets held by real | |
20 | estate company and shall remit the tax imposed and owed pursuant to subsection (a) hereof. Any | |
21 | such grant, transfer, assignment or conveyance or vesting which results in a real estate company | |
22 | becoming an acquired real estate company shall be fraudulent and void as against the state unless | |
23 | the entity notifies the tax administrator in writing of the grant, transfer, assignment or conveyance | |
24 | or vesting as herein required in subsection (f) hereof and has paid the tax as required in subsection | |
25 | (a) hereof. Upon the payment of the tax by the transferor, the tax administrator shall issue a | |
26 | certificate of the payment of the tax which certificate shall be recordable in the land evidence | |
27 | records in each municipality in which such real estate company owns real estate. Where the real | |
28 | estate company has assets other than interests in real estate located in Rhode Island, the tax shall | |
29 | be based upon the assessed value of each parcel of property located in each municipality in the state | |
30 | of Rhode Island. | |
31 | 44-25-2. Exemptions. | |
32 | (a) The tax imposed by this chapter does not apply to any instrument or writing given to | |
33 | secure a debt. | |
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1 | (b) The tax imposed by this chapter does not apply to any deed, instrument, or writing | |
2 | wherein the United States, the state of Rhode Island, or its political subdivisions are designated the | |
3 | grantor. | |
4 | (c) The tax imposed by this chapter does not apply to any deed, instrument, or writing that | |
5 | has or shall be executed, delivered, accepted, or presented for recording in furtherance of, or | |
6 | pursuant to, that certain master property conveyance contract dated December 29, 1982, and | |
7 | recorded in the land evidence records of the city of Providence on January 27, 1983, at 1:30 p.m. | |
8 | in book 1241 at page 849, and relating to the capital center project in the city of Providence. | |
9 | (d) The qualified sale of a mobile or manufactured home community to a resident-owned | |
10 | organization as defined in § 31-44-1 is exempt from the real estate conveyance tax imposed under | |
11 | this chapter. | |
12 | (e) No transfer tax or fee shall be imposed by a land trust or municipality upon the | |
13 | acquisition of real estate by the state of Rhode Island or any of its political subdivisions. | |
14 | (f) Nothing in § 44-25-1(a) shall be construed to impose a tax upon any grant, assignment, | |
15 | transfer, conveyance or vesting of any interest, direct or indirect, among owners, members or | |
16 | partners in any real estate company with respect to an affordable housing development where: | |
17 | (i) The housing development has been financed in whole or in part with federal low-income | |
18 | tax credits pursuant to §42 of the Internal Revenue Code; or | |
19 | (ii) At least one of the owners, members or partners of the company is a Rhode Island | |
20 | nonprofit corporation or an entity exempt from tax under § 501(c)(3) of the Internal Revenue Code, | |
21 | or is owned by a Rhode Island nonprofit corporation or an entity that is exempt from tax under § | |
22 | 501(c)(3) of the Internal Revenue Code, and the housing development is subject to a recorded deed | |
23 | restriction or declaration of land use restrictive covenants in favor of the Rhode Island housing and | |
24 | mortgage finance corporation, the state of Rhode Island housing resources commission, the federal | |
25 | home loan bank or any of its members, or any other state or local government instrumentality under | |
26 | an affordable housing program. No such real estate company shall be an acquired real estate | |
27 | company under this section. | |
28 | SECTION 6. This article shall take effect on July 1, 2020. | |
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