Preservation of Federally Insured or Assisted Housing

SECTION 34-45-4

§ 34-45-4. Definitions.

Terms used in this chapter shall be defined as follows, unless another meaning is expressed or clearly apparent from the language or context:

(1) "Appurtenant land" means only the land and related facilities which are currently dedicated to the federally insured or assisted rental units, and does not include land which may be dedicated to nonfederally insured or assisted units under common ownership, whether or not the land is currently dedicated to federally insured or assisted rental units.

(2) "Corporation" means the Rhode Island housing and mortgage finance corporation, a corporation, instrumentality and agency of the state established pursuant to the Rhode Island housing and mortgage finance corporation act, chapter 55 of title 42.

(3) "Department" means the department of administration.

(4) "Development" means any structure or group of structures situated in the state which is federally insured or assisted; provided, however that the term "development" does not include any structure or group of structures which are not federally insured or assisted, although such structures may be commonly owned with units that receive such federal assistance or sent to such units; and provided further than this chapter shall not apply to a development whose owner gave notice to the United States department of housing and urban development pursuant to § 262 of the Housing and Community Development Act of 1987, 42 U.S.C. § 1437f(c), of termination of the housing assistance payment contracts for the development prior to June 10, 1988.

(5) "Federally insured or assisted" means any:

(i) Low income housing units insured or assisted under §§ 221(d)(3) and 236 of the National Housing Act, 12 U.S.C., § 1701 et seq.,

(ii) Low income housing units produced with assistance under 42 U.S.C. § 1437f, and

(iii) Rural low income housing financed under § 515 of the Housing Act of 1949, 12 U.S.C. § 1701 et seq.

(6) "Owner" means an individual, corporation, association, partnership, joint venture, or business entity which holds title to a development.

(7) "Rental unit" or "unit" means that part of a development which is rented or offered for rent for residential occupancy and includes an apartment, efficiency apartment, room, suite of rooms, and any appurtenant land to the rental unit.

(8) "Tenant" means a tenant, subtenant, lessee, sublessee, or other person entitled to possession, occupancy, or receiving the benefits of, a federally insured or assisted rental unit within a development.

(9) "Tenant association" means an association or other organization that represents at least a majority of the tenants in federally insured or assisted rental units in a development, excluding those tenants which have not resided in the development for at least ninety (90) days and those tenants who have been an employee of the owner during the preceding one hundred twenty (120) days.

(10) "Use restrictions" means any federal, state, or local statute, regulation, ordinance, or contract which as a condition of receipt of any housing assistance, including a rental subsidy, mortgage subsidy or mortgage insurance, to a development:

(i) Establishes maximum limitations on tenant income as a condition of eligibility for occupancy of the units within a development; or

(ii) Imposes any restrictions on the maximum rents that could be charged for any of the units within a development; or

(iii) Requires that rents for any of the units within a development be reviewed by any governmental body or agency before the rents be implemented.

History of Section.
(P.L. 1988, ch. 508, § 1; P.L. 1989, ch. 493, § 1.)