2023 -- S 0317

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LC001544

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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 TOWNS AND CITIES -- LOW AND MODERATE INCOME HOUSING

     

     Introduced By: Senators Felag, DiPalma, F. Lombardi, and Sosnowski

     Date Introduced: February 16, 2023

     Referred To: Senate Housing & Municipal Government

     It is enacted by the General Assembly as follows:

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

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

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     45-53-3. Definitions.

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

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appears from the context, have the following meanings:

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     (1) “Affordable housing plan” means a component of a housing element, as defined in §

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45-22.2-4(1), to meet housing needs in a city or town that is prepared in accordance with guidelines

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adopted by the state planning council, and/or to meet the provisions of § 45-53-4(b)(1) and (c).

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

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

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

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

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having completed, adopted, or amended its comprehensive plan as provided for in § 45-22.2-8, §

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45-22.2-9, or § 45-22.2-9.

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     (3) “Comprehensive plan” means a comprehensive plan adopted and approved by a city or

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town pursuant to chapters 22.2 and 22.3 of this title.

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

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

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

 

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

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

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

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

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

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in a city or town where:

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

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

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

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

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

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year-round housing units reported in the census.

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

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

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

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

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

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in subdivision (4)(i).

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     (iii) Multi-family rental units built under a comprehensive permit may be calculated

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towards meeting the requirements of a municipality’s low- or moderate-income housing inventory,

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as long as the units meet and are in compliance with the provisions of § 45-53-3.1.

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     (5) “Infeasible” means any condition brought about by any single factor or combination of

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

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

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organization, or limited equity housing cooperative to proceed in building or operating low- or

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moderate-income housing without financial loss, within the limitations set by the subsidizing

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

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

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

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housing cooperative.

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

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

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

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

 

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

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buildings or the power of enforcing land use regulations, such as subdivision, or zoning laws.

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     (8) “Local review board” means the planning board as defined by § 45-22.2-4(20), or if

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designated by ordinance as the board to act on comprehensive permits for the town, the zoning

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board of review established pursuant to § 45-24-56.

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     (9) “Low- or moderate-income housing” means any housing whether built or operated by

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any public agency or any nonprofit organization or by any limited equity housing cooperative or

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any private developer, that is subsidized by a federal, state, or municipal government subsidy under

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any program to assist the construction or rehabilitation of housing affordable to low- or moderate-

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income households, as defined in the applicable federal or state statute, or local ordinance and that

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will remain affordable through a land lease and/or deed restriction for ninety-nine (99) years or

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such other period that is either agreed to by the applicant and town or prescribed by the federal,

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state, or municipal government subsidy program but that is not less than thirty (30) years from

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initial occupancy. Low- or moderate-income housing also includes rental property located within a

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municipality that is secured with a federal government voucher or subsidy.

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

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

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

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expectations of the approved affordable housing plan.

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     (11) “Monitoring agents” means those monitoring agents appointed by the Rhode Island

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housing resources commission pursuant to § 45-53-3.2 and to provide the monitoring and oversight

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set forth in this chapter, including, but not limited to, §§ 45-53-3.2 and 45-53-4.

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     (12) “Municipal government subsidy” means assistance that is made available through a

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

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

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

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subsidies, and any combination of forms of assistance.

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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 TOWNS AND CITIES -- LOW AND MODERATE INCOME HOUSING

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     This act would amend the definition of "low- and moderate-income housing" to include

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housing secured by a federal government voucher or subsidy.

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     This act would take effect upon passage.

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