2020 -- S 2113

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LC003592

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2020

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A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT -- RHODE ISLAND LIVABLE

HOME MODIFICATION ACT

     

     Introduced By: Senators Felag, Ciccone, Lombardo, Conley, and Gallo

     Date Introduced: January 22, 2020

     Referred To: Senate Finance

     It is enacted by the General Assembly as follows:

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     SECTION 1. Title 42 of the General Laws entitled "STATE AFFAIRS AND

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GOVERNMENT" is hereby amended by adding thereto the following chapter:

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CHAPTER 51.1

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RHODE ISLAND LIVABLE HOME MODIFICATION ACT

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     42-51.1-1. Short title.

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     This chapter shall be known and may be cited as the "Rhode Island Livable Home

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Modification Act."

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     42-51.1-2. Definitions.

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     As used in this chapter:

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     (1) "Accessibility features" means and includes the following:

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     (i) Accessible route to a zero-step entrance on firm surface that is no steeper than 1:12

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from a driveway or public sidewalk;

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     (ii) Zero-step entrance;

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     (iii) Doors with at least thirty-two inches (32") of clear width;

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     (iv) Hallways and passages with at least thirty-six inches (36") of clear width;

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     (v) Accessible light switches, electrical outlets and environmental controls;

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     (vi) Accessible bathroom;

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     (vii) Accessible and useable kitchen facilities;

 

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     (viii) Retrofitting of an existing unit shall include permanently installed lifts or elevators;

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     (ix) Purchase and permanent installation of a backup electric generator for life sustaining

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electric-powered medical equipment in their homes for devices such as respirators, oxygen

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concentrators, and/or dialysis machines;

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     (x) Installation of a permanent home monitoring system for residents with Alzheimer's

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disease and/or other forms of dementia; and

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     (xi) All accessibility features shall meet the specifications of an existing standard.

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     (2) "Commission" means the governor’s commission on disabilities as established in §

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42-51-1.

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     (3) "Disability" as defined in § 42-87-1 ("definitions of disability").

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     (4) "Eligible resident" includes a resident who has a disability or the caregiver who owns

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or rents the residency that the resident who has a disability will reside.

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     (5) "Existing standards" means and includes adaptability features prescribed by the

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Rhode Island state building code, the specifications of the American National Standards Institute,

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the Uniform Federal Accessibility Standards (24 C.F.R. Part 40), or Fair Housing Accessibility

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Guidelines (24 C.F.R. chapter 100).

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     (6) "Post-retrofit documentation" means evidence that the project has been completed,

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which includes, but is not limited to, before and after pictures of the area that is retrofitted; copies

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of purchase contracts; invoices; cancelled checks; construction contract; and the like.

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     (7) "Resident who has a disability" means an individual who has a physical or mental

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impairment that substantially limits one or more of the major life activities of such individual.

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     (8) "Sensory modification" means alarms, appliances and controls designed to assist

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sensory disabled individuals that are structurally integrated into the residential unit, thereby

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becoming a permanent part of the structure to the residential unit, excluding therefrom appliances

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or alarms that can be removed and/or reinstalled, and thus reused, in another residence.

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     42-51.1-3. Livable home modification grants.

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     (a) Any eligible resident, who retrofits or hires an individual to retrofit an existing

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residence, provided that such retrofitting meets the qualification criteria and guidelines as

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established in § 42-51.1-5, and meets the eligibility requirements established by guidelines

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developed by the commission, shall be eligible for a livable home modification grant of fifty

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percent (50%) of the total amount spent, not to exceed five thousand dollars ($5,000). The grant

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shall be allowed for the state fiscal year in which the retrofitting or renovation of the residence

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structure or unit has been completed.

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     (b) The grant required by this chapter shall require application by the resident who has a

 

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disability, caregiver or guardian as provided in § 42-51.1-6.

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     42-51.1-4. Qualifications for a grant.

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     (a) In order to qualify for a grant under this chapter, retrofitting of an existing residential

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unit must include at least one accessibility feature as defined in § 42-51.1-1 and meet the

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requirements of an existing standard as defined in § 42-51.1-1 or provide sensory modifications

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as defined in § 42-51.1-1.

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     (b) The eligible resident's income in the prior year must not be greater than one hundred

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twenty percent (120%) of the US Department of Housing and Urban Development's Area Median

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Income for Rhode Island. For purposes of this section, only the resident who has the disability or

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the caregiver's earnings, not the household income, determines qualification for a grant.

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     (c) If the eligible resident who has the disability was not required to file a federal tax

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return in the prior year, the resident is automatically eligible for a livable home modification

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grant, so long as they are not eligible for accessibility modifications funded through other local,

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state or federal programs.

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     42-51.1-5. Applications.

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     (a) Eligible residents shall apply for the grant by making application to the commission,

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which shall issue a certification for an approved application to the resident who has a disability,

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caregiver, or guardian.

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     (b) The commission shall issue application guidelines regarding:

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     (1) Assessment of the resident who has the disability’s need for the livable home

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modifications; and

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     (2) Proof of the eligible resident's income and documentation of any disability related

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exemptions.

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     (c) All applications must be submitted and approved by the commission prior to the start

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of retrofitting activities to an existing residence.

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     (1) The commission may accept applications after the construction, retrofit, or renovation

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has begun if delaying construction would have prevented the applicant from:

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     (i) Being discharged to a private residence from a health care facility; or

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     (ii) Being able to attend health care appointments following their diagnosis; or

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     (iii) Being able to return to a private residence following the qualifying diagnosis.

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     (d) Post-retrofit documentation must be submitted and received by the commission no

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later than July 10 of the next fiscal year.

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     42-51.1-6. Eligibility.

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     (a) Grants shall be allowed under this chapter for the retrofitting or renovation of

 

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residential rental property provided that the owner agreed to maintain access for ten (10) years.

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     (b) Excluded from the grants are individuals and entities that are:

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     (1) Eligible for the federal disabled access credit established under § 44 of the Internal

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Revenue Code (26 U.S.C. § 44) or state disabled access tax credit for small business established

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under § 44-54-1;

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     (2) Limited liability companies or foreign limited liability companies, as defined in § 7-

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16-2;

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     (3) S Corporations established under Subchapter S of Chapter 1 of the Internal Revenue

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Code (26 U.S.C. §§ 1361 et seq.);

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     (4) Cooperative housing corporations, as defined in § 7-6.1-4; or

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     (5) Corporations or foreign corporations, as defined in § 7-1.2-106.

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     (c) Accessibility modifications that are eligible to be funded through local, state or

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federal programs are not eligible for grants.

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     (d) No credit shall be allowed under this chapter for the purchase or construction of

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residential rental property.

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     (e) In no case shall the commission issue any grant relating to transactions or dealings

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between affiliated entities.

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     (f) In no case shall the commission issue any grant more than once to the same or

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different individuals relating to the same retrofitting, renovation or construction project.

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     42-51.1-7. Filing a claim for reimbursement.

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     Applicants shall submit to the commission post retrofit documentation, as required by the

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commission, no later than July 10 of the fiscal year in which their application is submitted and

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retrofitting completed.

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     42-51.1-8. Reporting.

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     By August 15 of each year, the commission shall submit an annual report to the governor,

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speaker of the house, senate president, and chairpersons of the house and senate finance

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committees for the period from July 1 to June 30 on the actual:

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     (1) Number of grants issued to qualifying individuals;

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     (2) Number of applications who did not qualify;

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     (3) Total dollar amount of grants issued;

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     (4) Average dollar amount of the grants issued;

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     (5) Number of retrofits by accessibility features; and

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     (6) Prognosis for the individual if the retrofit had not been made.

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     (i) Increased likelihood of falls and other related emergency room, hospital and/or

 

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rehabilitation expenses;

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     (ii) Loss of independence; and

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     (iii) Move into a long-term care facility.

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     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT -- RHODE ISLAND LIVABLE

HOME MODIFICATION ACT

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     This act would establish the Rhode Island Livable Home Modification Grant which

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allows eligible homeowners and renters to retrofit their residence to nationally recognized

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accessibility standards and receive fifty percent (50%) of the total sum spent, up to five thousand

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dollars ($5,000), to retrofit such existing residence. Such retrofitting of an existing residence will

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allow an individual with disabilities to remain safely and independently within their residence and

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out of long-term care facilities, while reducing falls and other related emergency room, hospital

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and/or rehabilitation expenses.

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     This act would take effect upon passage.

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