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Monday, March 6, 2023

House Speaker pushing slate of affordable housing bills

Speaker Shekarchi introduces slate of bills to stimulate private development of affordable housing

By Steve Ahlquist, Uprise RI

Rhode Island Speaker of the House Joseph Shekarchi has announced a series of 14 bills aimed at increasing private sector investment in affordable housing in the state. 

The bills are intended to streamline the development process, making it simpler and faster, and incentivize more private developers to invest in Rhode Island. The legislation was developed in response to the state’s housing and homelessness crises.

“As everyone knows we are experiencing housing crisis in Rhode Island,” said Speaker of the House Joseph Shekarchi (Democrat, District 23, Warwick) at a press conference on Thursday announcing a slate of bills seeking to stimulate private sector affordable housing investment. “And it’s a homelessness crisis as well. Our state simply does not have enough housing and the folks at the lower end of the socio-economic spectrum are feeling the brunt of it.”

The bills seek to build upon housing packages that the Speaker shepherded into law each of the last two sessions by continuing efforts to streamline housing development while increasing production.

“Real change is never easy, but these bills will help to create more affordable housing that is so desperately needed in Rhode Island. We are making meaningful progress. The General Assembly has already passed 17 pieces of housing legislation since I became Speaker, and today my colleagues and I are announcing 14 more housing bills. Increasing housing production is a top priority for the House,” said the Speaker in a statement. 

“Nothing in this package forces communities to build more affordable housing, and none of the legislation circumvents local decision-making. My goal is that, by making the development process simpler, faster, and more predictable, we’re not only expediting work already in the pipeline, but also incentivizing more private developers to invest in Rhode Island.”

The legislation stems from testimony and discussions of the Special Legislative Commission to Study the Low and Moderate Income Housing Act and the Special Legislative Commission to Study the Entire Area of Land Use, Preservation, Development, Housing, Environment and Regulation, which have been meeting regularly since July 2022 to address ways Rhode Island can meet its affordable housing needs in a manner that is sustainable and equitable.

“Nothing – Nothing in this package forces communities to build more affordable housing. And none of this legislation circumvents local decision making ability. This package does not take away any local permitting control for any project. It does not cost the cities and towns any money whatsoever,” said the Speaker. 

“We will remove barriers to streamline the process, but decisions will be made locally. Nothing will prevent a city or town from denying a affordable housing project – or any project – except their own conscience.”

Speaking to members of communities who are “opposing this package without even seeing it,” Speaker Shekarchi said, “I welcome you to the table… Please read the bills and understand them… and your fear – your unfounded fear, in my personal opinion, hopefully will dissipate.”

Asked if the early opposition from some communities contributed to a “watering down” of the legislation, Speaker Shekarchi said absolutely not.

“Deliberate misinformation” about the bills were being spread about the bills, said the Speaker, and in the story he told, it was apparent that some of the misinformation played on racial fears.

“Their fear was mystifying to me because the bills weren’t even drafted yet,” said Speaker Shekarchi. “I had a woman from Glocester call me up – hysterical – [saying] I was going to put a Chad Brown in the middle of Harmony. It’s a false narrative. It’s deliberate misinformation and it caused a lot of angst in communities.”

The Speaker expects the bills will have a “dramatically positive benefit for the private sector to develop more affordable housing.”

Uprise RI asked about the possibility of a public developer model as is being done in Montgomery County in Maryland. The Speaker wants to start a pilot program to be developed by the Department of Housing.

“It’s very interesting to me,” said the Speaker. “It’s fascinating.” The Speaker wants to see if “we can get it to work in Rhode Island…

“The concept is very positive – where the state would fund a particular mixed-use development – you would have affordable housing as well as market rate housing.” The state, after leasing out the units, would refinance the development and use the money for to develop more housing, becoming, in effect, a revolving fund. The model is untested at the state level. “I don’t mind being the first, but I want to do it right,” said the Speaker.

Uprise RI also asked about other bills that may have the effect of lowering the eviction rates in Rhode Island, evictions that lead to homelessness. These bills include, but are not limited to limits on the amount rent can be raised and guaranteeing the presence of a lawyer for tenants at eviction hearings.

“We have a plethora of those bills,” said Speaker Shekarchi. “Every one of those bills will be considered. Every one will get a hearing.”

Alexa Gagosz asked how will the success of this legislation be measured.

“Building permits, building permits, and building permits,” said the Speaker.

The bills:

Sponsored by Speaker Shekarchi, this bill would amend Rhode Island’s Low and Moderate Income Housing Act. It would streamline the process of permitting from three steps to two steps, not including pre-application, to follow the purpose of the comprehensive permit process, and sets forth necessary submission items at each stage of the permitting process. The legislation retains current standards, but provides greater clarity for review of approvals and denials to make clearer standards for the review of applications. The Speaker describes the bill here.

Legislation sponsored by Representative Robert Craven (Democrat, District 32, North Kingstown) would amend the subdivision and land development permits and processes. It provides clarity on which projects are in each category of application across the state, as well as the permitting process for each. The legislation does not change the process or permitting by municipalities. It would be effective January 1, 2024. The Speaker describes the bill here.

Legislation sponsored by Representative Speakman would amend last year’s legislation (2022-H 7942 SUB B) pertaining to Accessory Dwelling Units (ADUs) to spur production of ADUs, including as a home for populations unable to find suitable affordable housing, such as seniors and college/professional school graduates. The legislation makes clear what ADUs are allowed by right and how they are considered in the local permitting process. It does not take away municipal control of permitting, but only allows two categories by right. The legislation also specifies that ADUs cannot be used for short-term/transient use. The legislation would be effective immediately. The Speaker describes the bill here.

Legislation sponsored by Representative Stephen Casey (Democrat, District 50, Woonsocket) would require all municipal land use approvals to be consistent with future land use maps so long as the municipality’s comprehensive plan is updated in accordance with statute. The legislation specifies that comprehensive plans must be updated at least every 10 years and that comprehensive plans not updated within 12 years will not be able to be utilized as the basis for local board denials. It also provides accountability and specifies that the city/town must review goals/progress with comprehensive plans annually. The Speaker describes the bill here.

Legislation sponsored by Representative Leonela Felix (Democrat, District 61, Pawtucket) creates a transit-oriented development pilot program to encourage growth centers along transit corridors identified by state transit plans. The application, award, and reporting process for the pilot program would be outlined via rules and regulations developed by the Secretary of Housing. The Speaker describes the bill here.

Legislation sponsored by Representative Karen Alzate (Democrat, District 60, Pawtucket, Central Falls) would allow, as a permitted use, the adaptive reuse of commercial structures (such as factories, hospitals, offices, malls, religious facilities, and schools) into high density residential developments. The legislation sets forth zoning incentives for development, including parking not required to be over one space per unit and minimum lot size per dwelling unit not to determine density. This bill does not take away the municipal review and permitting process for such developments. The Speaker describes the bill here.

Legislation sponsored by Representative Jose Batista (Democrat, District 12, Providence) would repeal Rhode Island’s State Housing Appeals Board (SHAB) as of January 1, 2024, and allow for a direct appeal process to Superior Court. Abutters currently appeal approvals directly to Superior Court, under a different standard, while applicant appeals go to SHAB; this amendment allows for a more streamlined appeal process under the same standards for all parties. This legislation retains the current SHAB standards for review on appeal. The Speaker describes the bill here.

Legislation sponsored by Speaker Shekarchi would create a housing/land use court calendar. The legislation allows the presiding judge of Superior Court to establish a housing and land use calendar to streamline eligible matters and establish administrative orders for their processing. With this legislative package, all planning board appeals are being altered to go straight to Superior Court; this bill accommodates that influx. This legislation does not provide for additional appeals of matters that did not previously exist, or otherwise alter any process or standards of review on appeal. It would be effective January 1, 2024. The Speaker describes the bill here.

Legislation sponsored by Representative Marvin Abney (Democrat, District 73, Newport, Middletown) would make amendments to the inclusionary zoning statute to require base level density bonus and turnover of fees in lieu of not being utilized by the municipality within two years. This legislation does not change the process or permitting by municipalities, or take funds away for use for affordable housing within the municipality. The legislation would be effective January 1, 2024. The Speaker describes the bill here.

Legislation sponsored by Representative Craven would amend zoning standards and make changes to dimensional variance standards. The legislation clarifies that each special use permit is required to have specific criteria for each allowed use, and clarifies and adjusts the process for the application and granting of administrative zoning approvals. This legislation does not change the process or permitting by municipalities; it retains the local ability to establish by ordinance the requirements for each type of special use permit. The legislation would be effective January 1, 2024. The Speaker describes the bill here.

Legislation sponsored by Representative Cherie Cruz (Democrat, District 58, Pawtucket) would eliminate the rental application fee. The legislation would be effective January 1, 2024. The Speaker describes the bill here.

Legislation sponsored by Representative Arthur Corvese (Democrat, District 55) would standardize the type of notice and advertisements required for all land use permitting. This legislation does not alter the persons or properties receiving notification as abutters, and does not change the ability for anyone to request notice under the registry provision passed several years ago. The Speaker describes the bill here. Speaker Shekarchi credited the work of Boston Globe reporter Alexa Gagosz with opening his eyes to the importance of this legislation.

Legislation sponsored by Representative Speakman would extend the Special Legislative Commission to Study the Low and Moderate Income Housing Act (2022-H 7091) from 2023 to 2025. The legislation would also extend the purpose of the commission to include “housing affordability.” The Speaker describes the bill here.

Legislation sponsored by Representative Joshua Giraldo (Democrat, District 56, Central Falls) would extend the Special Legislative Commission to Study the Entire Area of Land Use, Preservation, Development, Housing, Environment, and Regulation (2022-H 7576) from 2023 to 2025. The Speaker describes the bill here.


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