Rhode IslandH58012025 Regular SessionHouseWALLET

AN ACT RELATING TO TOWNS AND CITIES -- LOW AND MODERATE INCOME HOUSING .

Sponsored By: June Speakman (Democratic)

Signed by Governor

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Bill Overview

Analyzed Economic Effects

11 provisions identified: 8 benefits, 1 costs, 2 mixed.

Affordable homes must arrive alongside market-rate homes

Affordable homes must be built and occupied before or alongside market-rate homes in comprehensive-permit developments. They must be spread throughout the development, have similar architectural styles, and meet the 25% minimum footprint and height relationship. Local boards must support permit findings with legally valid evidence in the record. A board finding a project inconsistent with local needs must also find significant municipal progress implementing its housing plan.

Fewer design limits for affordable homes

Beginning January 1, 2026, municipalities face new limits on parking and bedroom rules for qualifying affordable-housing applications. They cannot require more than one off-street parking space per home with two or fewer bedrooms. They also cannot cap a single-family home at fewer than three bedrooms. This does not require every single-family home to have three bedrooms.

Flexible housing designs for older residents

Age-restricted homes do not have to share a building or development phase with homes that have no age restriction. Their buildings or phases can differ in scale and architectural style from other housing. Those design differences must meet older residents' physical or social needs, or be necessary to provide them housing opportunities.

Manufactured homes count without income checks

Qualifying mobile or manufactured homes lacking government subsidy and/or required affordability restrictions count as half a unit toward municipal housing totals. They must meet the law's manufactured-home standards, and the municipality must hire a monitoring agent to verify compliance. These homes are exempt from income checks. Rhode Island Housing must report qualifying homes annually, beginning by December 31, 2025.

More homes allowed in affordable developments

Beginning January 1, 2026, municipalities must provide density bonuses for qualifying affordable-housing projects. With public water and sewer, minimum bonuses are 5, 9, or 12 homes per acre for affordable shares of 25%, 50%, or 100%, respectively. Written confirmation from both providers that a property can connect also qualifies it for these levels. Without one or both services, the minimums are 3, 5, or 8; applicants must document water availability and/or required state wastewater permits. Density calculations exclude wetlands, wetland buffers, necessary infrastructure areas, and recorded easements or rights of way.

More homes count toward affordability goals

Qualifying homes supported by federal, state, or municipal construction or rehabilitation programs count toward local affordable-housing totals. A land lease or deed restriction must preserve affordability for 99 years, a program-set period, or at least 30 years after first occupancy, as applicable. Homes also meeting the state's additional affordable-housing standard count as one whole unit. Beginning July 1, 2024, federally voucher-supported rentals count as whole units even without meeting this section's other requirements. Municipalities must confirm with the issuing authority that each voucher is active and in good standing.

One permit path for affordable developments

Beginning January 1, 2026, projects with at least 25% affordable homes can use one comprehensive-permit application. Applicants submit it to the local review board instead of seeking separate approvals from applicable local boards. Municipalities cannot use locally adopted housing-development limits or pauses to block these applications or permits.

Towns must help fund affordable housing

Beginning January 1, 2026, Rhode Island municipalities must make subsidies available to qualifying affordable-housing projects. The help offsets the extra costs of affordable units. Towns can combine money, tax breaks, fee waivers, density bonuses, internal project subsidies, and zoning changes. Assistance through municipal programs must be enough to make housing affordable, but the law sets no fixed payment amount.

Towns can cap for-profit housing applications

Municipal councils can adopt an annual cap on homes in comprehensive-permit applications from for-profit developers. The cap is 1% of the municipality's year-round housing units, and covered applications can be reviewed in submission order. Before January 1, 2026, eligibility rests on an approved affordable-housing plan and meeting local housing needs. Beginning that date, affordable housing equal to 10% of year-round homes replaces those eligibility conditions. The cap is optional and requires council action.

Clearer deadlines for housing permit reviews

Applicants can choose master plan review before preliminary review; complete applications generally receive a decision within 60 days. Missing that deadline means approval, unless the applicant agrees in writing to more time. Master plan approval lasts two years, with two possible one-year extensions requiring written requests and yearly board appearances. For any approved comprehensive-permit plan, locally defined minor changes can receive administrative approval without another hearing; major changes require board approval, preliminary review, and a public hearing. Boards must start hearings on applications returned after appeal within 30 days; sequential cases get separate clocks starting after the earlier decision, and the additional appeal route is covered beginning January 1, 2024.

New local standards for housing approvals

Beginning January 1, 2026, local zoning rules face a reasonableness test covering housing needs, low-income residents, safety, design, and open space. The test also considers equal treatment of subsidized and unsubsidized housing, replacing specified housing-percentage and planning shortcuts. The law removes the former list of permit-denial grounds, but does not guarantee approval. Boards review serious health or safety effects, adequate permanent access—including alternatives they approve—and lots too constrained to use; preservation review is no longer limited to features that add community appeal. An affordable-housing plan qualifies through an approved local comprehensive plan, replacing separate approval by the Director of Administration.

Sponsors & Cosponsors

Sponsor

  • June Speakman

    Democratic • House

Cosponsors

  • Karen Alzate

    Democratic • House

  • Jennifer Boylan

    Democratic • House

  • Stephen M. Casey

    Democratic • House

  • Matthew S. Dawson

    Democratic • House

  • Susan R. Donovan

    Democratic • House

  • Jenni A. Furtado

    Democratic • House

  • Rebecca M. Kislak

    Democratic • House

  • Tina L. Spears

    Democratic • House

  • Teresa A. Tanzi

    Democratic • House

Roll Call Votes

All Roll Calls

Yes: 79 • No: 28

Senate vote • 6/21/2025

RELATING TO TOWNS AND CITIES -- LOW AND MODERATE INCOME HOUSING In Concurrence Passage

Yes: 21 • No: 14

House vote • 5/6/2025

LOW AND MODERATE INCOME HOUSING PASSAGE

Yes: 58 • No: 14

Actions Timeline

  1. Signed by Governor — Chapter 363

    7/1/2025Governor
  2. Transmitted to Governor

    6/25/2025Governor
  3. Senate passed Sub A in concurrence

    6/21/2025Senate
  4. Placed on Senate Calendar (06/20/2025)

    6/18/2025Senate
  5. Committee recommends passage of Sub A in concurrence

    6/18/2025
  6. Scheduled for consideration (06/18/2025)

    6/16/2025
  7. Referred to Senate Housing and Municipal Government

    6/11/2025Senate
  8. House passed Sub A

    5/6/2025House
  9. Placed on House Calendar (05/06/2025)

    5/2/2025House
  10. Committee recommends passage of Sub A

    5/1/2025
  11. Proposed Substitute

    4/29/2025
  12. Scheduled for consideration (05/01/2025)

    4/29/2025
  13. Committee recommended measure be held for further study

    3/20/2025
  14. Scheduled for hearing and/or consideration (03/20/2025)

    3/14/2025
  15. Introduced, referred to House Municipal Government & Housing

    2/27/2025House

Bill Text

  • H5801 - As Introduced

    2/27/2025

  • H5801 - Substitute

    2/27/2025

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