Speaker Shekarchi introduces slate of bills to stimulate private development of affordable housing
By Steve Ahlquist, Uprise RI
“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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