2023 -- H 5764

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LC001360

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2023

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A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT -- RHODE ISLAND INCLUSIVE

HOME DESIGN ACT

     Introduced By: Representatives Stewart, Potter, Morales, Tanzi, Sanchez, Henries, and
Cruz

     Date Introduced: February 21, 2023

     Referred To: House State Government & Elections

     It is enacted by the General Assembly as follows:

     SECTION 1. Chapter 23-27.3 of the General Laws entitled "State Building Code" is hereby

amended by adding thereto the following article:

ARTICLE 4

RHODE ISLAND INCLUSIVE HOME DESIGN ACT

     23-27.3-800. Short title.

     This chapter and article shall be known and may be cited as the “Rhode Island Inclusive

Home Design Act.”

     23-27.3-801. Definitions.

     As used in this chapter and article, the following terms shall have the following meanings,

except where the context clearly indicates otherwise:

     (1) "Article" or "chapter" means the Rhode Island inclusive home design act.

     (2) “Covered dwelling unit” means a dwelling unit that is:

     (i) Any of the following:

     (A) A detached single-family house;

     (B) A townhouse or multi-level dwelling unit (whether detached or attached to other units

or structures);

     (C) A ground-floor dwelling unit in a building containing more than one dwelling unit; or

     (D) A dwelling unit accessible via elevator.

     (ii) Is designed as, or intended for occupancy as, a residence;

     (iii) Was designed, constructed, or commissioned, contracted, or otherwise arranged for

construction, by any person or entity that, at any time before the design or construction, received

or was guaranteed federal, state, or local financial assistance for any program or activity relating to

the design, construction, commissioning, contracting, or other arrangement for construction, of the

dwelling unit; and

     (iv) Is made available for first occupancy on or after the effective date of this chapter.

     (3) “Federal, state, or local financial assistance” means:

     (i) Any assistance that is provided or otherwise made available by the United States

Secretary of Housing and Urban Development, the Secretary of Commerce, the Secretary of

Veterans Affairs, or under any program or activity of the Department of Housing and Urban

Development, the Department of Commerce, or the Department of Veterans Affairs; the Rhode

Island commerce corporation, the Rhode Island department of housing, the Rhode Island housing

and mortgage finance corporation, or any other state agency or quasi-public corporation; or any

municipal government or agency thereof, local redevelopment agency, or other local quasi-public

agency through any grant, loan, contract, or any other arrangement, including:

     (A) A grant, a subsidy, a tax credit, or any other funds, including, but not limited to, a tax

stabilization agreement; a municipal tax increment financing agreement; any assistance pursuant to

the economic development initiatives fund or other funds, including rebuild Rhode Island, the first

wave closing fund established pursuant to chapter 64.23 of title 42, and the state tax increment

financing programs; any low-income housing tax credits allocated pursuant to the qualified

allocation plan of the Rhode Island housing and mortgage finance corporation, including, but not

limited to, all federal tax credits for low-income housing allocated pursuant to § 42-55-24.1; any

funds established as part of the long-term economic development vision and policy required by §

42-64.17-1; or any disbursement of federal funds allocated to a state or local agency;

     (B) Real or personal property or any interest in or use of such property, including:

     (I) A transfer or lease of the property for less than the fair market value or for reduced

consideration;

     (II) Proceeds from a subsequent transfer or lease of the property if the federal share of the

fair market value is not returned to the federal government;

     (III) Any tax credit, mortgage or loan guarantee or insurance, and community development

funds in the form of an obligation guaranteed under section 108 of the Housing and Community

Development Act of 1974 (42 U.S.C. 5308); and

     (IV) Any assistance that is provided or otherwise made available by the Secretary of

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Agriculture under title V of the Housing Act of 1949 (42 U.S.C. 1471 et seq.).

     (4) "Person or entity'' includes an individual, corporation (including a nonprofit

corporation), partnership, association, labor organization, legal representative, mutual corporation,

joint-stock company, trust, unincorporated association, trustee, trustee in a case under title 11,

United States Code, receiver, or fiduciary.

     23-27.3-802. Visitability requirement.

     (a) It shall be unlawful for any person or entity, with respect to a covered dwelling unit

designed, constructed, or commissioned, contracted, or otherwise arranged for new construction or

substantial rehabilitation as defined by the United States Department of Housing and Urban

Development, by the person or entity, to fail to ensure that the dwelling unit contains no fewer than

one level that complies with the Standards for Type C (Visitable) Units of the American National

Standards Institute (commonly known as "ANSI'') Standards for Accessible and Usable Buildings

and Facilities (section 1005 of ICC ANSI A117.1-2009). Any updates to the ANSI Standards for

Type C (Visitable) Units shall be applied to this section upon adoption by the building code

standards committee.

     (b) Upon application, the building code standards committee may grant a waiver in the case

of undue burden.

     (c) Even if the standard of an undue burden has not been met, the building code standards

committee shall, upon application, grant a waiver in order to ensure that the project could

reasonably be completed in such a manner that the provisions of this chapter shall not increase the

total cost of the project by more than one percent.

     23-27.3-803. Enforcement.

     (a) Requirement for federal, state, or local financial assistance. An applicant for federal,

state, or local financial assistance shall submit an assurance to the federal, state, or local agency

responsible for the assistance that each program or activity of the applicant will be conducted in

compliance with this chapter.

     (b) Approval of architectural, interior design, and construction plans.

     (1) Submission.

     (i) In general. An applicant for or recipient of federal, state, or local financial assistance for

the design, construction, commissioning, contracting, or other arrangement for construction, of a

covered dwelling unit shall submit for approval the architectural, interior design, and construction

plans for the unit to the building code standards committee for approval.

     (ii) Notice included. In submitting plans under this section, a person or entity shall include

notice that the person or entity has applied for or received federal, state, or local financial assistance,

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as defined in this chapter, with respect to the covered dwelling unit.

     (c) Recovery of funds via civil damages.

     (1) Civil damages. The State of Rhode Island shall be entitled to recover civil damages and

legal fees from the project developer up to the total amount of federal, state, or local financial

assistance for the project in question. Such damages shall be placed within the general fund of the

State of Rhode Island. An action for civil damages pursuant to this chapter may be filed in superior

court by any federal, state, local agency or quasi-public agency, state or local legislative body or

elected official, including the attorney general, or any resident of the State of Rhode Island. Any

such civil damages shall be separate and apart from any civil action pursuant to § 23-27.3-804(a)

and shall not be a valid justification for reducing any award of civil damages pursuant to § 23-27.3-

804(a).

     (d) Enforcement actions. The enforcement actions under this section include the following:

     (1) Reviewing any plans for a covered dwelling unit submitted under the provisions of this

chapter and approving or disapproving the plans based on compliance of the dwelling unit with the

requirements of this chapter;

     (2) Consistent with applicable state or local laws and procedures, withholding final

approval of construction or occupancy of a covered dwelling unit unless and until the appropriate

state or local agency determines compliance with this chapter; and

     (3) Recovery of civil damages.

     23-27.3-804. Enforcement.

     (a) Civil action for private persons.

     (1) Not later than twenty (20) years after the occurrence or termination, whichever is later,

of an act or omission with respect to a covered dwelling unit in violation of this chapter, a person

aggrieved by the act or omission may bring a civil action in superior court against any person or

entity responsible for any part of the design or construction of the covered dwelling unit.

     (2) Liability of state or local agency. In a civil action brought under subsection (a)(1) of

this section for a violation involving architectural or construction plans for a covered dwelling unit

that were approved by the appropriate state or local agency:

     (i) If the approved plans violate this chapter and any construction on the dwelling unit that

violates this chapter was performed in accordance with the approved plans, the state or local agency

shall be liable;

     (ii) If the approved plans comply with this chapter and any construction on the dwelling

unit violates this chapter, the person or entity responsible for the construction shall be liable; and

     (iii) If the approved plans violate this chapter and any construction on the dwelling unit

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that violates this chapter was not performed in accordance with the approved plans, the state or

local agency and the person or entity responsible for the construction shall be joint and severally

liable.

     (b) Enforcement by attorney general.

     (1) Civil action. If the state attorney general has reasonable cause to believe that a person

or group of persons has violated this chapter, the attorney general may bring a civil action in

superior court.

     (2) Intervention in private action. The state attorney general may, upon timely application,

intervene in any civil action brought by a private person if the attorney general certifies that the

case is of general public importance.

     (c) Relief. In any civil action brought under this section, if the court finds that a violation

of this chapter has occurred or is about to occur, the court may:

     (1) Award to the plaintiff actual and punitive damages; and

     (2) Grant as relief, as the court finds appropriate, any permanent or temporary injunction,

temporary restraining order, or other order, including an order enjoining the defendant from

violating the chapter or ordering such affirmative action as may be appropriate.

     (d) Violations. For purposes of this section, a violation involving a covered dwelling unit

that is not designed or constructed in accordance with this chapter shall not be considered to

terminate until the violation is corrected.

     (e) Attorneys' fees. In any civil action brought under this section, the court, in its discretion,

may allow the prevailing party a reasonable attorneys' fee and costs.

     (f) Effect on certain sales, encumbrances, and rentals. Relief granted under this section

shall not affect any contract, sale, encumbrance, or lease consummated before the granting of the

relief and involving a bona fide purchaser, encumbrancer, or tenant, without actual notice of a civil

action under this section.

     23-27.3-805. Enforcement of state laws.

     Nothing in this chapter shall be construed to invalidate or limit any law of the state or a

political subdivision of the state, or of any other jurisdiction in which this chapter or article shall

be effective, that grants, guarantees, or provides the same rights, protections, and requirements as

are provided by this chapter or article, but any law of the state or a political subdivision thereof, or

other such jurisdiction that purports to require or permit any action that would violate this article

shall to that extent be invalid.

     23-27.3-806. Disclaimer of preemptive effect.

     Nothing in this chapter shall limit any right, procedure, or remedy available under the

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Constitution of the United States or of Rhode Island, or any other chapter of the general laws.

     23-27.3-807. Severability.

     If any provision of this chapter or the application thereof to any person or circumstance is

held invalid, the remaining provisions of this chapter and the application of those provisions to

other persons or circumstances shall not be affected thereby.

     SECTION 2. This act shall take effect upon passage.

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LC001360

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT -- RHODE ISLAND INCLUSIVE

HOME DESIGN ACT

***

     This act would establish a new article in the state building code that would provide that

certain new housing construction contain at least one floor that meets the requirements for a Type

C (Visitable) Unit of the American National Standards Institute (commonly known as "ANSI'')

Standards for Accessible and Usable Buildings and Facilities (section 1005 of ICC ANSI A117.1-

2009).

     This act would take effect upon passage.

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