480-RICR-00-00-2
480-RICR-00-00-2. Rules Implementing the Rhode Island Low and Moderate Income Housing Act (version Amendment, 03/03/2003 to 02/22/2006)
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Rules implementing
The Rhode Island Low and Moderate Income Housing Act
established pursuant to R.I.G.L. 45-53
Amended February 2003
1.00
Purpose and Authority
1.01
The General Assembly hereby finds and declares that there exists an acute shortage of
affordable, accessible, safe and sanitary housing for its citizens of low and moderate income, both
individuals and families; that it is imperative that action be taken immediately to assure the
availability of affordable, accessible, safe and sanitary housing for these persons; that it is
necessary that each city and town provide opportunities for the establishment of low and
moderate income housing; and that the provisions of this chapter are necessary to assure the
health, safety and welfare of all citizens of this state and that each citizen enjoys the right to
affordable, accessible, safe and sanitary housing. It is further declared to be the purpose of this
chapter to provide for housing opportunities for low and moderate income individuals and
families in each city and town of the state.
1.02
Authority to establish rules and regulations is given to the chair of the State
Housing Appeals Board pursuant to R.I.G.L. 45-53.
2.00
Definitions
Whenever used in these rules, the following terms shall be construed as follows:
2.01
Aggrieved person means:
(i)
any person or persons or entity or entities who can demonstrate that
their property will be injured by a decision of any officer or agency
responsible for administering the zoning ordinance of a city or town; or
(ii)
anyone requiring notice pursuant to R.I.G.L. 45-53.
2.02
Calculation of the percentage of low and moderate income housing units means the
calculation of low and moderate income housing units that shall be made annually by
Rhode Island Housing and Mortgage Finance Corporation. The Executive Director of the
Corporation shall determine and certify such percentages. The percentage determination
for each city and town shall be revised annually to accurately reflect the percentage of
low and moderate income units in each city and town. In addition to the percentage
calculation for each community, the Executive Director shall publish a chart showing the
number of eligible units for each community, the basis for the determination of each type
of unit and any other information the Executive Director deems relevant. The chart shall
then be forwarded for review to each community, which shall then have thirty days to
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suggest modifications or revisions. Thereafter, and after review of any proposed
modifications, the Executive Director shall, in writing, certify the chart for that year.
The chart, together with supporting documentation, shall be kept in the possession of the
Rhode Island Housing and Mortgage Finance Corporation, and shall be available for
public inspection and copying.
2.03
Community residence means a home or residential facility where children and/or adults
reside in a family setting and may or may not receive supervised care as defined in
R.I.G.L. 45-24-31.15.
2.04
Completed application means a single application consisting of all forms,
accompanying documents, exhibits and fees required pursuant to these rules submitted to
request relief from the provisions of local ordinances in lieu of separate applications to
the applicable local boards.
2.05
Comprehensive permit means a single application for a special exception to build low
and moderate income housing in lieu of separate applications to applicable boards.
2.06
Comprehensive plan means a comprehensive plan adopted and approved by a city or
town pursuant to R.I.G.L. 45-22.2 and 45-22.3
2.07
Consistent with local needs means:
(i)
consistent with local zoning and land use ordinances and other
requirements and regulations which are reasonable in view of:
(a)
the State's need for low and moderate income housing;
(b)
the number of low income persons in the city or town affected;
(c)
the need to protect the health and safety of the occupants of the
proposed housing or of the residents of the city or town;
(d)
the need to promote better site and building design in
relation to the surroundings or to preserve open space; and if
(e)
local zoning or land use ordinances, requirements
and regulations are applied as equally as possible to
both subsidized and unsubsidized housing.
(ii)
local zoning and land use ordinances, requirements or regulations
for a particular city or town are deemed reasonable if that particular
city or town has:
a)
as reported in the latest decennial census of the city or town,
low and moderate income units in excess of ten percent (10%) of
the housing units or in excess of fifteen percent (15%) of the
occupied rental units as provided in R.I.G.L. 45-53-3(2)(i)(A) or
(b)
the comprehensive plan of the city or town and the
zoning and land use ordinances, requirements and
regulations to implement the comprehensive plan
provide for low and moderate income units in excess
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of the ten percent (10%) of the housing units or in excess of
fifteen percent (15%) of the occupied rental units as provided in
R.I.G.L. 45-53-3(2)(i )(A) as provided in (ii)(a) above.
2.08
Denial means the Zoning Board of Review:
(i)
refuses to grant a comprehensive permit; or
(ii)
extends the hearing without reasonable cause.
2.09
Final plan means the final plan as defined in R.I.G.L. 45-23.
2.10
Housing unit means a house, an apartment, a group of rooms or a single room occupied
as a separate living quarters and as the occupants' usual place of residence or, if vacant,
intended for occupancy as a separate living quarters. Separate living quarters are those in
which the occupants live and eat separately from other persons in the building and which
have direct access from the outside of the building or through a common hall. The
occupants may be a single family, one person living alone, two or more families living
together, or any other group of related or unrelated persons who share living
arrangements. (U.S. Census Bureau definition.)
2.11
Infeasible means any conditions attached to the zoning approval, which make it
impossible for a public agency or non-profit organization or limited equity housing
cooperative to build or operate low or moderate income housing:
(i)
without financial loss due to the requirements of the subsidizing
state or federal agency in regard to the size and character of the
development or the nature of the subsidy or limits imposed on tenant
eligibility, rent levels or permissible income and
(ii)
without substantially changing the proposed rent levels and unit sizes.
2.12
Limited equity housing cooperative means a cooperative housing association or
corporation organized and operated primarily for the benefit of low and moderate income
persons, having articles of incorporation and whose equity, after allowance for maximum
transfer value of its stock, is permanently dedicated to providing housing to persons of
low and moderate income or to a charitable purpose.
2.13
Local board means any town or city zoning board of review, planning board or
commission, platting board of review, building inspector or the officer or board having
supervision of the construction of buildings or the power of enforcing municipal building,
subdivision or zoning laws or city or town council or any other boards with similar
authority.
2.14
Low and moderate income means low and moderate income as those terms are defined
by the state or federal government program providing the subsidy for the proposed low or
moderate income housing.
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2.15
Low and Moderate income housing means any housing or community residence:
(i)
subsidized by the federal or state government under any program to
assist the construction or rehabilitation of low and moderate income
housing as defined in the applicable federal or state statute and
(ii)
built or operated by:
(a)
any public agency or nonprofit organization or
limited equity housing cooperative or
(b)
private developer of low or moderate income
housing that remains low and moderate income housing
for a period of not less than thirty (30) years
from initial occupancy;
(iii)
in which any non-residential component of the proposed development is
secondary to the overall proposal, but in no event shall the
non-residential component exceed the lower of:
(a)
the non-residential proportion or other measure allowed
pursuant to the development's proposed funding sources;
or
(b)
twenty-five percent (25%) of the gross square footage of
the proposed development.
(iv)
except tenant-based rental assistance, mortgages and mortgage insurance
where there is no construction or rehabilitation under a state or federal
program.
2.16
Major and minor land development plan and major and minor subdivision mean the
major and minor land development and major and minor subdivision as defined in
R.I.G.L. 45-23.
2.17
Master plan means the requirements for a master plan as defined in R.I.G.L. 45-23.
2.18
Nonprofit organization means a nonprofit corporation which has tax exempt status as
determined by the United States Internal Revenue Service.
2.19
Public agency means any state, municipal or other governmental entity or public body or
its agency or instrumentality.
2.20
Rehabilitation means substantial upgrade or modification of the interior or exterior of
the structure, correction of substandard conditions and/or replacement of major housing
systems in danger of failure, but excluding repairs of owner-occupied units and privately-
owned rental units unless they, remain as low or moderate income housing for a period of
not less than thirty (30) years from initial occupancy after rehabilitation as cited in
R.I.G.L. 45-53-4 and section 2.14 of these rules.
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2.21
Site control means evidence that the developer has control of the property in question: a
copy of a properly executed deed, purchase and sale agreement, option agreement or
lease agreement indicating the term of the lease.
2.22
State Housing Appeals Board means the board which hears appeals of denials or
conditioned approvals from applicants filing an application for a comprehensive permit to
construct or rehabilitate low or moderate income housing under the provisions of R.I.G.L.
45-53. The Board shall consist of nine members and one alternate as follows:
(i)
1 District Court Judge (Chair)
(ii)
1 local planning board member
(iii)
1 local zoning board member
(iv)
2 city and town council members
(v)
1 alternate (a city or town council member)
(vi)
1 affordable housing developer
(vii)
1 affordable housing advocate
(viii)
1 Director of the State Division of Planning or designee
(ix)
1 Director of Rhode Island Housing or designee
2.23
Subsidized housing means housing which receives any direct or indirect state or federal
financial assistance which reduces the cost of the development and results in the creation
of affordable housing units for low and moderate income families.
NOTE:
THE PROCEDURES AND POWERS IN SECTIONS 3.0, 4.0 and 5.0 OF
THESE RULES EITHER ARE REQUIRED BY R.I.G.L. 45-53 OR
REFERENCED IN THE STATE ZONING ENABLING ACT, R.I.G.L. 45-24.
3.00
Procedure to Apply to the Zoning Board of Review for a Comprehensive Permit for
Low and Moderate Income Housing
3.01
Entities eligible to file a single application for approval of construction or
rehabilitation of low or moderate income housing are:
(i)
any public agency, nonprofit organization or limited equity housing
cooperative proposing to build or rehabilitate low or moderate
income housing; or
(ii)
any private developer proposing a low or moderate income
housing which will remain as low and moderate income
housing for a period of not less than thirty (30) years from initial
occupancy.
3.02
Projects are eligible if sponsored by an eligible entity and:
(i)
are eligible for a subsidy from the state or federal government
under any program to assist the construction or rehabilitation of
low and moderate income housing; and
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(ii)
have at least the minimum number of units reserved for low or
moderate income housing as defined by the program providing the
subsidy or twenty percent (20%) of the total number of units
reserved for low or moderate income housing, whichever is
greater.
(iii)
In the case of private developers, a monitoring entity shall be identified
with the capacity and the procedures in place to monitor the affordability
of the project for a period not less than thirty (30) years from the initial
occupancy. Rhode Island Housing and Mortgage Finance Corporation
shall publish a list of responsible monitoring entities or approve a
monitoring entity not on the list and publish the criteria for monitoring.
In the event that the designated entity cannot fulfill the montoring role,
the Rhode Island Housing and Mortgage Finance Corporation shall
assume the monitoring responsibility.
3.03
Upon receipt of a completed application, the Zoning Board of Review shall:
(i)
notify each local board, as applicable, including but not limited
to, the Planning Board, the city or town council, and the building
inspector, of the filing of the application along with a copy of
the application;
(ii)
within thirty (30) days of the receipt of a completed application hold a
hearing advertised in accordance with R.I.G.L. 45-24-41; and
(iii)
notify all parties entitled to notice of such hearings in accordance with
R.I.G.L. 45-24-53.
3.04
If the comprehensive permit application is for a major or minor land development plan or
a major or minor subdivision, the entity applying for the comprehensive permit shall
submit a copy of the comprehensive permit application directly to the administrative
officer of the planning board at the same time the comprehensive permit application is
filed with the Zoning Board of Review.
3.05
If the comprehensive permit application is for a major or minor land development plan or
a major or minor subdivision, the comprehensive permit application must: (1) include the
master plan for a major land development plan or subdivision or a preliminary plan for a
minor land development plan or subdivision and (2) identify any waivers from the land
development or subdivision regulations that are being requested by the applicant.
3.06
If the comprehensive permit application is for a major or minor land development plan or
a major or minor subdivision, the planning board may present its preliminary review of
the proposal before any presentation by the applicant at the initial hearing which must
take place within thirty (30) days of the receipt of a completed application. The planning
board shall make its final recommendations on the proposal before the official
termination of the public hearing. The final authority to grant or deny any regulatory
waivers remains with the Zoning Board of Review.
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3.07
As required by R.I.G.L. 45-24-61, the Zoning Board of Review shall keep:
(i)
written minutes of the proceedings either taken by a stenographer or
recorded by a sound-recording device and showing the vote of each
member and indicating those members absent or failing to vote and
written minutes; and
(ii)
records of its examinations, findings of fact, and other official
actions pertaining to the application.
3.08
The Zoning Board of Review shall render a decision by majority vote of the Board within
forty (40) days after the official termination of the public hearing. The Zoning Board of
Review shall terminate the hearing when all public testimony has been received and all
information, requested by the Zoning Board of Review has been received.
4.00
Powers of the Zoning Board of Review
4.01
The Zoning Board of Review shall have the same power to issue permits or approvals as
any local board or official who would otherwise act with respect to such application,
including but not limited to the power to attach to the permit or approval conditions and
requirements with respect to height, site plan, size or shape or building materials.
5.00
Actions of the Zoning Board of Review
5.01
The Zoning Board of Review may dispose of the application in the following manner
(i)
approve a comprehensive permit on the terms and conditions
set forth in the application;
(ii)
deny a comprehensive permit as not consistent with local needs; or
(iii)
approve a comprehensive permit with conditions with respect to height,
site plan, size, shape or building materials that do not render the
construction or operation of such housing infeasible.
5.02
As provided for in R.I.G.L. 45-24-57, the Zoning Board of Review also may provide for
issuance of conditional zoning approvals where proposed application would otherwise be
approved except that one (1) or more state or federal agency approvals which are
necessary are pending.
5.03
In reviewing the request for a comprehensive permit, the Zoning Board of Review may
deny the request only if the proposal is inconsistent with local needs, including but not
limited to:
(i)
the needs identified in an approved comprehensive plan, local
zoning ordinances and procedures promulgated in conformance with
the comprehensive plan;
(ii)
the proposal not being in conformance with the comprehensive plan;
(iii)
the community having met or planning to meet the standard of ten
percent (10%) of its housing units being low and moderate income
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housing or the standard of fifteen percent (15%) of the occupied rental
units being low and moderate income housing as provided in R.I.G.L.
45-53-3(2)(i)(A); or
(iv)
the concerns for the environment and the health and safety of current
residents have not been adequately addressed.
5.04
Upon making its decision, The Zoning Board of Review immediately shall issue either:
(i)
a comprehensive permit which includes all conditions imposed; or
(ii)
if the comprehensive permit is denied, a written decision including
the reasons for the denial.
5.05
If the hearing is not convened or a decision rendered within the time allowed, the
application shall be considered to be allowed and approved. The time may be extended
by mutual agreement between the Zoning Board of Review and the applicant.
5.06
In accordance with R.I.G.L. 45-24-61, any decision evidencing the granting of a variance,
modification or special use shall also be recorded in the land evidence records of the city
or town. If the comprehensive permit application is for a major or minor land
development plan or a major or minor subdivision, any decision also must be signed and
recorded in accordance with R.I.G.L. 45-23-64.
5.07
Any person aggrieved by the issuance of an approval may appeal to the Supreme Court in
accordance with R.I.G.L. 45-53-4.
6.00
General Provisions of the State Housing Appeals Board
6.01
The State Housing Appeals Board shall maintain official records of all proceedings and
maintain a file of all papers submitted to it for every proceeding to which these rules
apply.
6.02
The principal office of the State Housing Appeals Board is located within the offices of
Rhode Island Housing and Mortgage Finance Corporation. The office shall be open from
8:30 am to 5:00 pm daily, except Saturdays, Sundays and legal holidays.
6.03
All communications should be addressed to the State Housing Appeals Board, c/o Rhode
Island Housing and Mortgage Finance Corporation.
6.04
All communications shall be deemed to be filed or received on the day on which they are
actually received in the offices of Rhode Island Housing and Mortgage Finance
Corporation.
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6.05
Computation of any period of time referred to in these rules shall begin with the first day
following the day upon which the action initiating such time period occurs. The last day
of the period being computed is to be included unless it is a day on which the office of
Rhode Island Housing and Mortgage Finance Corporation is closed, in which event the
period shall run until the end of the next following business day.
6.06
Every application, statement and other document shall be signed by the filing party or at
the discretion of the Board it shall not be reviewed.
7.00
Conditions under which an Appeal may be Filed
7.01
An appeal may be filed with the State Housing Appeals Board if the application to the
Zoning Appeals Board was filed under the provisions of R.I.G.L. 45-53-4 and in
accordance with section 3.0 of these rules and whenever such application is:
(i)
denied or
(ii)
granted with such conditions and requirements as to make the building or
operation of such housing infeasible.
8.00
Procedure for Filing an Appeal
8.01
Such appeal shall be taken within twenty (20) days after the date of the notice of the
decision of the Zoning Board of Review by filing with the State Housing Appeals Board
the following documents and information:
(i)
a statement from the applicant describing the prior proceedings and
the reasons upon which the appeal is based; and
(ii)
a copy of a completed application for a comprehensive permit as
it was submitted to the Zoning Board of Review and which at a
minimum shall consist of:
(a)
a written request to the Zoning Board of Review to
submit a single application to build or rehabilitate low
or moderate income housing in lieu of separate
applications to the applicable local boards. The
written request shall include a list of requested
exceptions to local requirements and regulations,
including local codes, ordinances, by-laws or
regulations, including any requested waivers from the
land development or subdivision regulations, and a
proposed timetable for completion of the project;
(b)
evidence of site control;
(c)
evidence of eligibility for a state or federal government
subsidy, including a letter from the funding agency
indicating the applicant and the project;
(d)
evidence of incorporation and non-profit status, if
appropriate;
(e)
site development plans showing the
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locations and outlines of proposed buildings; the
proposed locations, general dimensions and materials
for street, drives, parking areas, walks and paved
areas; and proposed landscaping improvements and
open areas within the site; plans will be signed
whenever required by the Rhode Island State
Building Code;
(f)
a report on existing site conditions and a summary
of conditions in the surrounding areas, showing the
location and nature of existing buildings, existing
street elevations, traffic patterns and character of
open areas, including wetlands and flood plains, in
the neighborhood;
(g)
scaled architectural drawings; for each
building the drawings shall be signed in accordance
with the Rhode Island State Building Code and shall
include typical floor plans, typical elevations and
sections and shall identify construction type and
exterior finish;
(h)
a tabulation of proposed buildings by type, size
(number of bedrooms, floor area) and ground
coverage and a summary showing the percentage of
the tract to be occupied by buildings, by parking
and other paved vehicular areas and by open spaces;
(i)
a utilities plan showing the proposed
location and types of sewage, drainage and water
facilities, including hydrants; and
(j)
a master plan, if the development proposal is for a major
or minor land development plan or a major or minor
subdivision;
(k)
a sample land lease or deed restrictions with
affordability liens that will restrict use as low and
moderate income housing units for a period of not less
than thirty (30) years in the case of private developers
proposing low and moderate income housing; and
(l)
the list of all persons entitled to notice in accordance
with R.I.G.L. 45-24-53.
8.02
The State Housing Appeals Board shall forthwith notify the Zoning Board of Review and
all persons on the applicant's list filed pursuant to 8.01(l) of the filing of the appeal. Upon
receipt, the Zoning Board of Review shall post the notice of appeal in the City or Town
hall in which the Zoning Board of Review is located for a period of not less than 10 days.
8.03
The Zoning Board of Review shall, within ten (10) days of the receipt of such notice,
transmit to the State Housing Appeals Board a transcript describing its decision, the
reasons for the decision, who was present and a record of their vote and a finding of facts
as required in section 5.04 of these rules. The chair of the State Housing Appeals Board
may waive submission for good cause.
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8.04
Upon timely application any person or persons who can demonstrate that their property
will be injured by a reversal or modification of the decision of the Zoning Board of
Review shall be permitted to move to intervene. Such person or persons may move to
intervene by submitting a letter to the State Housing Appeals Board setting forth the basis
for their intervention no later than 10 days after the date of the sending by the State
Housing Appeals Board of notice pursuant to 8.02. The State Housing Appeals Board
shall rule on all motions to intervene.
8.05
The State Housing Appeals Board may require reasonable fees from the filing party in an
amount not to exceed actual costs incurred including, but not limited to, the costs
associated with the provision of a stenographic record of its proceedings, postage and
photocopying.
9.00
Procedure for Hearing an Appeal
9.01
The appeal shall be heard by the State Housing Appeals Board within twenty (20) days of
the receipt of the applicant's statement and completed application as required in section
8.01 of these rules.
9.02
At the hearing, the State Housing Appeals Board shall determine:
(i)
whether the appeal is properly brought before the State Housing
Appeals Board, and
(ii)
if the State Housing Appeals Board determines that the appeal is
properly brought before the State Housing Appeals Board, it may:
(a)
review the record as presented to the State Housing
Appeals Board and make a decision thereon;
(b)
request written briefs on points of law raised by the
appeal and establish a briefing schedule for their
submission by the parties;
(c)
request further information from the parties to the
appeal, including but not limited to a stenographic
transcript of the proceedings before the Zoning
Board of Review;
(d)
request a staff analysis of the appeal and its associated
documentation from Rhode Island Housing;
(e)
allow, in its discretion, the presentation by any party
to the appeal of additional evidence in open hearing,
which shall be added to the record for the purpose of
considering the appeal;
(f)
allow for the appointment of a hearing officer;
(g)
allow the submission of pre-filed testimony;
(h)
permit abutters and other interested parties, without
being a party to the appeal and to the extent the State
Housing Appeals Board allows, to present
information pertinent to the appeal;
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(i)
order that additional evidence be taken before the
Zoning Board of Review upon conditions determined
by the State Housing Appeals Board, where the State
Housing Appeals Board, either on its own motion or
motion of a party, has concluded that additional
evidence would be material and there was good cause
for the failure to present it at the original hearing
before the Zoning Board of Review;
(j)
designate an arbitrator approved by the Superior Court
arbitration program to conduct a mediation session
between the parties to the appeal and the Zoning Board
of Review to determine whether the appeal can be
resolved short of a full hearing, and to report on the
results of the mediation session to the State Housing
Appeals Board.
9.03
A stenographic record of the proceedings shall be kept.
9.04
The State Housing Appeals Board shall render a written decision and order, based upon a
majority vote of the membership of the Board, stating the findings of fact, its conclusions
and the reasons for its decision within thirty (30) days after the termination of the hearing
unless such time is extended by mutual agreement between the State Housing Appeals
Board and the applicant.
9.05
Such decision and order may be appealed in the Supreme Court.
10.00
Powers of the State Housing Appeals Board
10.01
In hearing the appeal, the State Housing Appeals Board shall determine whether:
(i)
in the case of a denial of the application, the decision of the Zoning
Board of Review was reasonable and consistent with local needs; or
(ii)
in case of the approval of an application with conditions or
requirements imposed, whether such conditions and requirements
make the construction or operation of such housing infeasible and
whether they are consistent with local needs.
10.02
Standard for reviewing the appeal shall include, but not be limited to:
(i)
consistency of the decision to deny or consistency of the decision to
condition the permit, with the approved comprehensive plan;
(ii)
the extent to which the community meets or plans to meet the ten
percent (10%) standard for existing low and moderate income units or
the fifteen percent (15%) standard for occupied rental units as provided
in R.I.G.L. 45-53-3(2)(i)(A);
(iii)
the consideration of the health and safety of existing residents;
(iv)
the consideration of environmental protection;
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(v)
the extent to which the community applies local zoning ordinances and
special exception procedures evenly on subsidized and
unsubsidized housing applications alike; and
(vi)
the extent to which the decision is consistent with local needs as
defined in section 2.07 of these rules.
10.03
Calculation of the percentage of low and moderate income housing units shall be based
on:
(i)
the total housing units from the latest decennial census,
excluding military housing; and
(ii)
low and moderate income units completed and available for
occupancy as of January 1, 1992.
10.04
If the State Housing Appeals Board finds:
(i)
in the case of a denial, that a decision of the Zoning Board of
Review was unreasonable and not consistent with local needs, it
shall vacate such decision and order the Zoning Board of Review to
approve the application with conditions as appropriate; or
(ii)
in the case of an approval with conditions and requirements
imposed, that the decision of Zoning Board of Review
is not consistent with local needs, it shall issue a decision and order
the Zoning Board of Review to modify or remove any such
condition or requirement so as to make the proposal no longer
infeasible and approving the application.
10.05
Land development or subdivision regulations not waived by the Zonng Board of Review
or the State Housing Appeals Board and not inconsistent with R.I.G.L. 45-53 shall be in
effect and governed by the rules, regulations, procedures and codes that would govern
such activities in situations not involving a comprehensive permit under R.I.G.L. 45-53,
including inspections and certifications by appropriate municipal personnel and the
issuance of building permits and certificates of occupancy. Both the chair of the Zoning
Board of Review and the chair of the planning board shall sign the final plan.
10.06
The State Housing Appeals Board shall retain jurisdiction over land development and
subdivision projects for which it has issued a decision in order to resolve procedural
ambiguities and disputes between the municipality and the developer.
10.07
The State Housing Appeals Board shall not issue any decision and order that would
permit the building or operation of such housing in accordance with standards less safe
than the applicable building and site requirements of the federal Department of Housing
and Urban Development or the Rhode Island Housing and Mortgage Finance
Corporation, whichever agency is financially assisting such housing or any other agency
assisting such housing.
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10.08
Decisions or conditions and requirements imposed by the Zoning Board of Review that
are consistent with local needs shall not be vacated, modified or removed by the State
Housing Appeals Board notwithstanding that such decision or conditions and
requirements have the effect of denying or making the applicant's proposal infeasible.
11.00
Enforcement of the State Housing Appeals Board Decision
11.01
The State Housing Appeals Board or the applicant shall have the power to enforce the
orders of the State Housing Appeals Board by action brought in Supreme Court.
11.02
The State Housing Appeals Board shall immediately notify the Zoning Board of Review
of its decision and order and the Zoning Board of Review shall carry out the decision and
order of the State Housing Appeals Board within thirty (30) days of its decision.
11.03
Upon failure to carry out the decision of the State Housing Appeals Board within the
thirty (30) day period cited in section 11.02 of these rules, the decision and order of the
State Housing Appeals Board shall, for all purposes, be deemed to be the action of the
Zoning Board of Review, unless the applicant consents to a different decision or order by
such Zoning Board of Review.
11.04
The decision of the State Housing Appeals Board shall be binding on the city or town
which shall forthwith issue any and all necessary permits and approvals to allow the
construction and operation of the housing as approved by the State Housing Appeals
Board.
12.00
Terms and Conditions of Membership of the State Housing Appeals Board
12.01
All appointments shall be for two (2) year terms, except that the initial terms of members
appointed by the Speaker of the House and the Majority Leader of the Senate shall be for
a period of one (1) year.
12.02
A member shall receive no compensation for his/her services, but shall be reimbursed by
the state for all reasonable expenses actually and necessarily incurred in the performance
of his/her actual duties.
12.03
The State Housing Appeals Board shall hear all petitions for review filed under
R.I.G.L. 45-53-5.
12.04
Rhode Island Housing and Mortgage Finance Corporation shall provide such space and
clerical and other assistance as the State Housing Appeals Board may require.
15
13.00
Ethics and Conflict of Interest Standards for Members of the State Housing Appeals
Board
It is the policy of the state of Rhode Island that public officials and employees must
adhere to the highest standards of ethical conduct, respect the public trust and the rights
of all persons, be open, accountable and responsive, avoid the appearance of impropriety,
and not use their position for private gain or advantage.
13.01
The members of the State Housing Appeals Board are bound by the Rhode Island Code
of Ethics, R.I.G.L. 36-14.
13.02
The alternate member of the State Housing Appeals Board shall act in the place of any
other municipal member representing a city council, town council, planning board or
zoning board who has recused herself or himself from voting or otherwise participating in
the State Housing Appeals Board's consideration and disposition of the matter at issue,
including but not limited to, consideration of and voting on an appeal brought to the State
Housing Appeals Board which involves the city or town where the municipal member
resides.
14.00
Changes and Waivers of Regulations
14.01
These rules and regulations may be amended from time to time in accordance with the
provisions of the Administrative Procedures Act, R.I.G.L. 42-35-3.
14.02
Provisions of these rules and regulations may be waived for good cause by a two-thirds
(2/3) vote of the nine member State Housing Appeals Board. In the event of such waiver,
the Chair shall file with the record of the case a statement of the facts on which such a
waiver is based. No waiver shall be made if it conflicts with any mandatory provisions of
the statute.
STATE HOUSING APPEALS BOARD
44 Washington Street
Providence, Rhode Island 02903
Phone - (401) 457-1285
Fax – (401) 457-1140
e-mail: jjones@rihousing.com