480-RICR-00-00-2
480-RICR-00-00-2. Rules Implementing the Rhode Island Low and Moderate Income Housing Act (version Amendment, 02/22/2006 to 02/22/2006)
Rules Implementing
The Rhode Island Low and Moderate Income Housing Act
Established Pursuant to R.I.G.L. 45-53
Amendments Approved January 2006
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
“Affordable housing plan” means a component of a housing element, as defined
in section 45–22.2-4(33), to meet housing needs in a city or town that is prepared
in accordance with guidelines adopted by the state planning council, and/or to
meet the provisions of subsections 45-53-4 (b)(1) and (c).
2.02
“Approved affordable housing plan” means an affordable housing plan that has
been approved by the director of administration as meeting the guidelines for the
local comprehensive plan as promulgated by the state planning council; provided,
however, that state review and approval, for plans submitted by December 31,
2004, shall not be contingent on the city or town having completed, adopted, or
amended its comprehensive plan as provided for in sections 45-22.2-8, 45-22.2-9,
or 45-22.2-12.
2.03
“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.
2.04
“Calculation of the percentage of low and moderate income housing units”
means the calculation of low and moderate income year round housing units that
shall be made annually by Rhode Island Housing and Mortgage Finance
Corporation. The Executive Director of the Corporation shall determine and
Rules Implementing
The Rhode Island Low and Moderate Income Housing Act
Established Pursuant to R.I.G.L. 45-53
Amendments Approved January 2006
(continued)
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 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.
2.05
“Certificate of Completeness” is a notice issued by the Administrative Officer
in accordance with the provisions of R.I.G.L. 45-23-36 informing an applicant
that the application is complete and meets the requirements of the checklist, and
that the applicant may proceed with the approval process.
2.06
“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.
2.07
“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.
2.08
“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.
2.09
“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
2.10
“Consistent with local needs” means
(i)
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
2
Rules Implementing
The Rhode Island Low and Moderate Income Housing Act
Established Pursuant to R.I.G.L. 45-53
Amendments Approved January 2006
(continued)
(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 consistent with local needs when imposed by a
city or town after a comprehensive hearing in a city or town where:
a)
Low and moderate income housing exists which according to the
last decennial census is:
(i)
in the case of an urban city or town which has at least
5000 occupied year round rental units, and the units
comprise 25% or more of the year round housing units,
is in excess of 15% of the total occupied year round
rental units, or
(ii)
in the case of all other cities and town is in excess of
10% of the year round housing units
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 of the ten percent (10%) of the year round housing
units or in excess of fifteen percent (15%) of the year round
occupied rental units as provided in R.I.G.L. 45-53-3(2)(i )(A) as
provided in (ii)(a) above.
2.11
“Denial” means the Local Review Board:
(i)
refuses to grant a comprehensive permit; or
(ii)
extends the hearing without reasonable cause.
2.12
“Final plan” means the final plan as defined in R.I.G.L. 45-23.
2.13
“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).
2.14
“Infeasible” means any conditions attached to the approval of the
comprehensive permit, which make it impossible for a public agency or
3
Rules Implementing
The Rhode Island Low and Moderate Income Housing Act
Established Pursuant to R.I.G.L. 45-53
Amendments Approved January 2006
(continued)
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.
2.15
“Letter of eligibility” means a letter issued by the Rhode Island Housing and
Mortgage Finance Corporation in accordance with subsection 42-55-5.3(a).
2.16
“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.
2.17
"Local board" means any town or city official, zoning board of review, planning
board or commission, platting board of review, or building inspector; or the
officer or board of appeal or zoning enforcement officer, local conservation
commission, historic district commission, or other municipal board having
supervision of the construction of buildings or the power of enforcing municipal
building, land use regulations, such as subdivision, or zoning laws.; or the city
council or town council.
2.18
“Local review board” means the planning board as defined by section 45-22.2-
4(24), or if designated by ordinance as the board to act on comprehensive permits
for the town, the zoning board of review established pursuant to section 45-24-
56.
2.19
“Low and moderate income housing” means any housing whether built or
operated by any public agency or nonprofit organization or by limited equity
housing cooperative or any private developer, that is subsidized by a federal,
state or municipal government subsidy under any program to assist the
construction or rehabilitation of housing affordable to low or moderate income
households as defined in the applicable federal or state statute, or local ordinance
and that will remain affordable through a land lease or deed restriction for ninety-
nine years or such other period that is either agreed to by the applicant and the
town or prescribed by the federal, state or municipal government subsidy
program but that is not less than thirty (30) years from initial occupancy.
2.20
“Major and minor land development plan and major and minor
subdivision” means the major and minor land development and major and minor
subdivision as defined in R.I.G.L. 45-23.
4
Rules Implementing
The Rhode Island Low and Moderate Income Housing Act
Established Pursuant to R.I.G.L. 45-53
Amendments Approved January 2006
(continued)
2.21
“Master plan” means the requirements for a master plan as defined in R.I.G.L.
45-23.
2.22
“Meeting housing needs” means adoption of the implementation program of an
approved affordable housing plan and the absence of unreasonable denial of
applications that are made pursuant to an approved affordable housing plan in
order to accomplish the purposes and expectations of the approved affordable
housing plan.
2.23
“Municipal government subsidy” means assistance that is made available
through a city or town program sufficient to make housing affordable, as
affordable housing is defined in subsection 42-128-8.1(d)(1); such assistance
may include, but is not limited to, direct financial support, abatement of taxes,
waiver of fees and charges, and approval of density bonuses and/or internal
subsidies, and any combination of forms of assistance.
2.24
“Nonprofit organization” means a nonprofit corporation which has tax exempt
status as determined by the United States Internal Revenue Service.
2.25
“Public agency” means any state, municipal or other governmental entity or
public body or its agency or instrumentality.
2.26
“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.
2.27
“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.
2.28
“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 seven
voting members and one alternate, to be appointed by the Governor, who shall
include:
(i)
four (4) local officials, who shall not be from the same city or town; two
(2) of whom shall be from a city or town with a population of less than
twenty-five thousand (25,000); and two (2) of whom shall be from a city
or town with a population of twenty-five thousand (25,000) or greater,
and shall include one local zoning board member, one local planning
board member, one city council member, and one town council member,
(ii)
one (1) affordable housing developer
5
Rules Implementing
The Rhode Island Low and Moderate Income Housing Act
Established Pursuant to R.I.G.L. 45-53
Amendments Approved January 2006
(continued)
(iii)
one (1) affordable housing advocate
(iv)
one (1) representative of the business community, and
(v)
one (1) attorney knowledgeable in land use regulation, who should be
chairperson of the board.
One of the local official members shall be designated by the Governor as the
alternative local official member who shall be a voting member of the board only
in the event that one or more of the other three (3) local officials is unable to
serve at a hearing.
3.0
General Provisions of the State Housing Appeals Board
3.01
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.
3.02
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.
3.03
All communications should be addressed to the State Housing Appeals Board,
c/o Rhode Island Housing and Mortgage Finance Corporation.
3.04
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.
3.05
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.
3.06
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.
4.0
Conditions under which an Appeal may be Filed
4.01
An appeal may be filed with the State Housing Appeals Board if the application
to the Local Review Board was filed in accordance with 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.
6
Rules Implementing
The Rhode Island Low and Moderate Income Housing Act
Established Pursuant to R.I.G.L. 45-53
Amendments Approved January 2006
(continued)
5.0
Procedure for Filing an Appeal with the State Housing Appeals Board
5.01
Such appeal shall be taken within twenty (20) days after the date of the notice of
the decision of the Local Review Board 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 Comprehensive Permit application as it was
submitted to the Local Review Board including:
(a)
a letter of eligibility issued by the Rhode Island Housing
Mortgage Finance Corporation, or in the case of projects
primarily funded by the U.S. Department of Housing and Urban
Development or other state or federal agencies, an award letter
indicating the subsidy, or application in such form as may be
prescribed for a municipal government subsidy; and
(b)
a written request to the local review board 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 identify the specific sections
and provisions of applicable local ordinances and regulations
from which the applicant is seeking relief; and
(c)
a proposed timetable for the commencement of construction and
completion of the project; and
(d)
a sample land lease or deed restriction with affordability liens
that will restrict use as low and moderate income housing in
conformance with the guidelines of the agency providing the
subsidy for the low and moderate income housing, but for a
period of not less than thirty (30) years; and
(e)
identification of an approved entity that will monitor the long-
term affordability of the low and moderate income units; and
(f)
a financial pro-forma for the proposed development; and
(g)
for comprehensive permit applications: (A) not involving major
land developments or major subdivisions including, but not
limited to, applications seeking relief from specific provisions of
a local zoning ordinance, or involving administrative
subdivisions, minor land developments or minor subdivisions, or
other local ordinances and regulations: those items required by
local regulations promulgated pursuant to applicable state law,
with the exception of evidence of state or federal permits; and
for comprehensive permit applications; and (B) involving major
land developments and major subdivisions, unless otherwise
agreed to by the applicant and the town; those items included in
7
Rules Implementing
The Rhode Island Low and Moderate Income Housing Act
Established Pursuant to R.I.G.L. 45-53
Amendments Approved January 2006
(continued)
the checklist for the master plan in the local regulations
promulgated pursuant to R.I.G.L. section 45-23-40; and
(h)
the list of all persons entitled to notice in accordance with
R.I.G.L. 45-24-53.); and
(i)
A certificate of completeness issued by the Administrative
Officer of the municipality in which the appeal was filed; and
(j)
notwithstanding the submission requirements set forth above, the
State Housing Appeals Board may request additional, reasonable
documentation throughout the public hearing, including, but not
limited to, opinions of experts, credible evidence of application
for necessary federal and/or state permits, statements and advice
from other local boards and officials.
6.0
The State Housing Appeals Board shall forthwith notify the Local Review Board and all
persons on the applicant's list filed pursuant to R.I.G.L 45-53-4 (1)(vii) of the filing of the
appeal and shall post the notice of appeal in the City or Town hall in which the Local
Review Board is located for a period of not less than 10 days.
7.0
The Local Review Board 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. The Chair
of the State Housing Appeals Board may waive submission for good cause.
8.0
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 Local Review Board
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 6.0 of these regulations. The State Housing Appeals
Board shall rule on all motions to intervene.
9.0
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 staffing, legal services, and a stenographic record of its
proceedings, postage and photocopying.
9.01
The following fee schedules shall apply to all appeals filed to the State Housing
Appeals Board:
(i)
For-profit developers: - $6,000 basic fee for projects up to 25 units plus
$30 for each unit above the base of 25 units
(ii)
Non-profit developers: - $2,000 basic fee for projects up to 25 units and
public agencies, plus $10 for each unit above the base of 25 units
9.02
The fee shall be paid in full upon the filing of the appeal by check payable to
Rhode Island Housing and Mortgage Finance Corporation.
8
Rules Implementing
The Rhode Island Low and Moderate Income Housing Act
Established Pursuant to R.I.G.L. 45-53
Amendments Approved January 2006
(continued)
9.03
Applicant may file a motion requesting that the State Housing Appeals Board
reduce the applicable filing fee. The motion must accompany the filing of the
appeal, and a minimum fee of 10% of the total fee or $500, whichever is greater,
must be paid at that time. In reviewing the motion, the State Housing Appeals
Board will determine the appropriate filing fee after weighing good cause
specifically cited by the applicant.
10.0
Procedure for Hearing an Appeal
10.01 Any party appearing before the State Housing Appeals Board shall submit an
original and nine (9) copies of any motion, memorandum, appendix, or any other
written filing to be considered as part of the adjudication of the appeal. In lieu of
the filing of hard copies of documents, the State Housing Appeals Board reserves
the right to require the parties to make an electronic filing of documents.
10.02 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.
10.03 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 Local Review Board;
(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;
(i)
order that additional evidence be taken before the Local Review
Board 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
9
Rules Implementing
The Rhode Island Low and Moderate Income Housing Act
Established Pursuant to R.I.G.L. 45-53
Amendments Approved January 2006
(continued)
failure to present it at the original hearing before the Local
Review Board;
(j)
designate an arbitrator approved by the Superior Court
arbitration program to conduct a mediation session between the
parties to the appeal and the Local Review Board 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.
10.04 A stenographic record of the proceedings shall be kept.
10.05 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. Such
decision and order may be appealed in the Supreme Court.
11.0
Powers of the State Housing Appeals Board
11.01 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 Local
Review Board was consistent with an approved affordable housing plan,
or if the town does not have an approved affordable housing plan, was
reasonable and consistent with local needs; and
(ii)
in the case of an approval of an application with conditions or
requirements imposed, whether those conditions and requirements make
the construction or operation of such housing infeasible and whether the
conditions and requirements are consistent with an approved affordable
housing plan, or if the town does not have an approved affordable
housing plan, are consistent with local needs.
11.02 Standards for Reviewing Appeals
Standards for reviewing the appeal shall include, but not be limited to:
(i)
consistency of the decision to deny or to condition the permit, with the
approved affordable housing plan and/or approved comprehensive plan;
(ii)
the extent to which the community meets or plans to meet housing needs
as defined in an affordable housing plan including but not limited to the
ten percent (10%) goal 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); as a proportion of year round housing;
(iii)
the consideration of the health and safety of existing residents;
(iv)
the consideration of environmental protection;
10
Rules Implementing
The Rhode Island Low and Moderate Income Housing Act
Established Pursuant to R.I.G.L. 45-53
Amendments Approved January 2006
(continued)
(v)
the extent to which the community applies local zoning ordinances and
review 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 2.10 of these rules.
11.03 Calculation of the percentage of low and moderate income housing units shall be
based on the most recent certified calculation by Rhode Island Housing.
11.04 If the State Housing Appeals Board finds:
(i)
in the case of a denial, that a decision of the Local Review Board was not
consistent with an approved affordable housing plan or if the town does
not have an affordable housing plan, was not reasonable and consistent
with local needs, it shall vacate such decision and order the Local
Review Board 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 the Local Review Board makes the building or
operation of the housing infeasible and/or the conditions and
requirements are not consistent with an approved affordable housing plan
or if the town does not have an approved affordable housing plan are not
consistent with local needs, it shall issue a decision and order the Local
Review Board to modify or remove any such condition or requirement so
as to make the proposal no longer infeasible and/or approve the
application.
11.05 Land development or subdivision regulations not waived by the Local Review
Board 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 Local Review Board and the
Chair of the planning board shall sign the final plan.
11.06 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.
11.07 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.
11
Rules Implementing
The Rhode Island Low and Moderate Income Housing Act
Established Pursuant to R.I.G.L. 45-53
Amendments Approved January 2006
(continued)
11.08 Decisions or conditions and requirements imposed by the Local Review Board
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.
12.0
Enforcement of the State Housing Appeals Board Decision
12.01 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.
12.02 The State Housing Appeals Board shall immediately notify the Local Review
Board of its decision and order and the Local Review Board shall carry out the
decision and order of the State Housing Appeals Board within thirty (30) days of
its decision.
12.03 Upon failure to carry out the decision of the State Housing Appeals Board within
the thirty (30) day period cited in section 13.02 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 Local Review Board unless the applicant consents to a different
decision or order by such Local Review Board.
12.04 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.
13.0
Terms and Conditions of Membership of the State Housing Appeals Board
13.01 All members appointed after December 31, 2004 shall serve a term of three (3)
years. All members shall hold office for the term for which the member was
appointed and until the member’s successor shall have been appointed and
qualified, or until the member’s death, resignation or removal.
13.02 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.
13.03 The State Housing Appeals Board shall hear all petitions for review filed under
R.I.G.L. 45-53-5.
13.04 Rhode Island Housing and Mortgage Finance Corporation shall provide such
space and clerical and other assistance as the State Housing Appeals Board may
require.
12
Rules Implementing
The Rhode Island Low and Moderate Income Housing Act
Established Pursuant to R.I.G.L. 45-53
Amendments Approved January 2006
(continued)
14.0
Ethics and Conflict of Interest Standards for Members of the State Housing Appeals
Board
14.01 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.
14.02 The members of the State Housing Appeals Board are bound by the Rhode Island
Code of Ethics, R.I.G.L. 36-14.
14.03 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.
15.0
Changes and Waivers of Regulations
15.01 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.
15.02 Provisions of these rules and regulations may be waived for good cause by a
majority vote of the seven 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, RI 02903
Phone: (401) 457-1214
Fax: (401) 457-1140
E-mail: kmaxwell@rihousing.com
13