310-RICR — Executive Office of Housing (formerly Department of Housing)

Chapter 00 Adopted Regulations of the Former Housing Resources Commission

Subchapter 00

310-RICR-00-00-5 Rules and Regulations Governing the Implementation of an Approved Monitoring Agent Program

310-RICR-00-00-5 § 5.1 Authority

A.These Rules and Regulations are promulgated pursuant to the requirements and provisions of R.I. Gen. Laws § 42-167-3(5), R.I. Gen. Laws § 45-53-3.2, R.I. Gen. Laws Chapter 42-128, and R.I. Gen. Laws Chapter 42-35 et seq., the Administrative Procedures Act.

History

• Adoption — effective from 2026-07-29 to current

310-RICR-00-00-5 § 5.2 Purpose

A.The purpose of these Rules and Regulations is to implement the approved monitoring agent program established pursuant to R.I. Gen. Laws § 45-53-3.2 for municipally subsidized housing developments. These Rules and Regulations establish a process for the selection and approval of Monitoring Agents including, but not limited to, establishing terms of engagement, standards for approval and recertification, reporting requirements, and minimum qualifications for approved Monitoring Agents.

History

• Adoption — effective from 2026-07-29 to current

310-RICR-00-00-5 § 5.3 Definitions

A.“Accessory Dwelling Unit” or “ADU” means a residential living unit on the same parcel where the primary use is a legally established single-unit or multi-unit dwelling. An Accessory Dwelling Unit provides complete independent living facilities for one or more persons. It may take various forms including, but not limited to: a detached unit; a unit that is part of an accessory structure, such as a detached garage; or a unit that is part of an expanded or remodeled primary dwelling.

B.“Affordable Housing Restriction” means a deed, regulatory agreement, or other instrument suitable for recording in a form approved by the EOH containing those requirements necessary to meet the standards set forth in the Rhode Island Low and Moderate Income Housing Act, R.I Gen. Laws Chapter 45-53, and recorded in the relevant land evidence records or registry of deeds as applicable.

C.“Developer Agent” means including, but shall not necessarily be limited to, lottery agents, listing agents, property management agents, placement agents, or any other individual or entity involved in the sale or lease process.

D."EOH" means the Rhode Island Executive Office of Housing.

E.“Low or moderate income housing” or “LMIH” means as set forth in R.I Gen. Laws § 45-53-3(9), the Rhode Island Low and Moderate Income Housing Act.

F.“Monitoring Agents” means those monitoring agents appointed by the EOH pursuant to R.I. Gen. Laws § 45-53-3.2 for municipally subsidized housing developments.

History

• Adoption — effective from 2026-07-29 to current

310-RICR-00-00-5 § 5.4 Duties of Monitoring Agents

A.Monitoring Agents shall perform those duties established from time to time by the EOH, which shall include, but shall not be limited to, the following:

1.Monitor Initial Sales/Lease - Monitoring agents shall work closely with Developers and/or Developer Agents to ensure that Affordable Units are sold or leased as applicable to Income Eligible Households and are subject to a long-term Affordable Housing Restriction.

2.Ongoing Monitoring of Deed Restricted Homeownership Units - Monitoring Agents shall provide ongoing monitoring to Affordable Housing Restricted homes for compliance with the terms of such restrictions, including but not limited to, refinancing, events of foreclosure and occupancy requirements.

3.Ongoing Monitoring of Affordable Housing Restricted Rental Units - Monitoring Agents shall work with Owners of Affordable Housing Restricted rental properties and/or their listing agent or property management agent to ensure continued income eligibility of in-place tenants.

4.Monitoring of Resales - Monitoring agents shall work with Owners of Affordable Housing Restricted properties and/or their listing agent or property management agent to ensure that all resales comply with the terms of the applicable Affordable Housing Restriction.

5.Compliance and Enforcement - Monitoring Agents shall support ongoing compliance with the terms of the Affordable Housing Restriction, including requests for refinancing, capital improvements, leasing and resale, and take necessary enforcement action in response to violations of the Affordable Housing Restriction.

6.Reporting - Monitoring Agents shall comply with the reporting requirements of § 5.7 of this Part hereof.

History

• Adoption — effective from 2026-07-29 to current

310-RICR-00-00-5 § 5.5 Approval Process

A.The EOH will accept applications to be approved as a qualified Monitoring Agent no less than once every calendar year, on forms to be adopted by the EOH.

B.In order to be approved, Monitoring Agents must demonstrate they can minimally meet guidelines for qualifications established by the EOH which shall include, but not be limited to:

1.Working knowledge of applicable regulations, rules or guidelines, including those relating to fair housing;

2.General knowledge of subsidy programs and associated requirements;

3.Experience reviewing income and asset documentation to determine eligibility under applicable programs;

4.Experience working with mortgage lenders and general knowledge of mortgage loan documents to be reviewed during sales or refinancing transactions;

5.Experience working with developers, homeowners, listing agents, municipal officials and closing attorneys in the sale and resale of units subject to affordable housing restrictions;

6.Experience working with owners, listing agents and property management firms in the lease up and annual renewal of tenants in units subject to an Affordable Housing Restriction;

7.Demonstration of ability to successfully resolve issues of non-compliance with an Affordable Housing Restriction;

8.Demonstrated capacity to sustain monitoring services during their contracted period;

9.Demonstrated authorization to transact business in the State of Rhode Island;

10.Compliance with any and all EOH required trainings;

11.Compliance with insurance requirements as determined by the EOH;

12.Compliance with any applicable audit or financial review findings; and

13.Possession of such knowledge, skills, experience, administrative capacity, and/or other applicable competence for the performance of required duties as shall be established from time to time by the EOH.

C.The EOH will establish standardized guidelines and criteria for applications to become an approved monitoring agent pursuant to this Regulation, and standardized guidelines for review of those monitoring agent applications deemed complete.

D.The EOH will establish guidelines for the recertification and/or decertification of Monitoring Agents as appropriate, the decisions for which will be within the sole discretion of the EOH.

History

• Adoption — effective from 2026-07-29 to current

310-RICR-00-00-5 § 5.6 Terms of Engagement

A.Approved applicants meeting the criteria established by the EOH will be approved for an initial one-year period with the option for subsequent renewals for terms not to exceed five (5) consecutive years as determined by the EOH.

History

• Adoption — effective from 2026-07-29 to current

310-RICR-00-00-5 § 5.7 Reporting

A.Monitoring Agents will report the following information no less than annually to the Executive Office of Housing:

1.The total number of homeownership units in the Monitoring Agent’s portfolio, by municipality as of the end of the reporting period;

2.The total number of rental units, other than Accessory Dwelling Units (“ADU”) in the Monitoring Agent’s portfolio, by municipality as of the end of the reporting period;

3.The total number of ADU’s in the Monitoring Agent's portfolio, by municipality as of the end of the reporting period;

4.The total number of resales on homeownership units transacted, by municipality, during the reporting period;

5.The total number, along with corresponding addresses and terms of affordability, of newly developed homeownership units added to the Monitoring Agent's portfolio during the reporting period;

6.The total number, along with corresponding addresses and terms of affordability, of newly developed rental units added to the Monitoring Agent's portfolio during the reporting period;

7.The total number, along with corresponding addresses and terms of affordability, of newly developed ADU’s added to the Monitoring Agent's portfolio during the reporting period;

8.The number of units that are currently not in compliance with their Affordable Housing Restriction, by municipality, along with a narrative explanation of corrective actions taken by the Monitoring Agent to date to resolve the noncompliance;

9.Units that currently are, or were during the reporting period, in imminent danger of foreclosure, by municipality, along with a narrative explanation of corrective actions taken by the Monitoring Agent to date to resolve the noncompliance;

10.Fees collected by the Monitoring Agent during the immediately preceding reporting period;

11.Updates regarding compliance of projects within the Monitoring Agent's portfolio regarding compliance with the applicable Affordable Housing Restriction; and

12.Any other data requested by the EOH.

History

• Adoption — effective from 2026-07-29 to current

310-RICR-00-00-5 § 5.8 Operating guidelines

A.The EOH will establish operating guidelines for approved qualified Monitoring Agents, which may include standardized procedures, forms and fees, among other guidelines.

History

• Adoption — effective from 2026-07-29 to current

310-RICR-00-00-5 § 5.9 Liberal Construction

A.The terms and provisions of this Part shall be liberally construed to permit the EOH to effectuate the purposes of state law, goals, and policies.

History

• Adoption — effective from 2026-07-29 to current

310-RICR-00-00-5 § 5.10 Severability

A.If a court of competent jurisdiction invalidates any provision of these Rules and Regulations, the remaining rules and regulations will not be affected. The invalidity of any section or sections, or parts of any section or sections, shall not affect the validity of the remainder of these Rules and Regulations.

History

• Adoption — effective from 2026-07-29 to current

Chapter 10 Tax Credits

Subchapter 10 Low-Income Housing Tax Credit Program

310-RICR-10-10-1 Rules and Regulations for the Low-Income Housing Tax Credit Program

310-RICR-10-10-1 § 1.1 Purpose

A.These rules and regulations (the “Rules”) are promulgated to set forth the principles, policies, and practices of the Department of Housing in implementing and administering the Low-Income Housing Tax Credit Act created under R.I. Gen. Laws § 44-71-1, et seq. (the “Act”). The sunset for the Act is set forth in R.I. Gen. Laws § 44-71-12.

History

• Adoption — effective from 2024-10-08 to current

310-RICR-10-10-1 § 1.2 Authority

A.These Rules are promulgated pursuant to R.I. Gen. Laws § 44-71-9. These Rules have been prepared in accordance with the requirements of the Rhode Island Administrative Procedures Act, R.I. Gen. Laws Chapter 42-35.

History

• Adoption — effective from 2024-10-08 to current

310-RICR-10-10-1 § 1.3 Scope

A.These Rules shall apply to any application for an award of low-income housing tax credits under the Act. Notwithstanding anything contained in these Rules to the contrary, the Department shall have and may exercise all general powers set forth in the Act that are necessary or convenient to effect its purposes, and these Rules shall be liberally construed so as to permit the Department to effectuate the purposes of the Act, the public interest, and other applicable state laws and regulations.

History

• Adoption — effective from 2024-10-08 to current

310-RICR-10-10-1 § 1.4 Severability

A.If any provision of these Rules, or the application thereof to any person or circumstance, is held invalid by a court of competent jurisdiction, the validity of the remainder of the Rules shall not be affected thereby.

History

• Adoption — effective from 2024-10-08 to current

310-RICR-10-10-1 § 1.5 Definitions

A."Act" means the Low-Income Housing Tax Credit Act created under R.I. Gen. Laws § 44-71-1, et seq.

B."Applicant" shall have the meaning prescribed to it in R.I. Gen. Laws § 44-71-3(1).

C.“Application” means the application, published by the Department, which must be finalized and submitted by an applicant pursuant to the requirements of the Act and these Rules.

D."Completed" means Placed in Service.

E."Compliance Period" shall have the meaning prescribed to it in R.I. Gen. Laws § 44-71-3(2).

F."Department" shall have the meaning prescribed to it in R.I. Gen. Laws § 44-71-3(3).

G."Developer" means a person, firm, business, partnership, association, political subdivision, or other entity that proposes to build or builds a qualified Rhode Island project, regardless of tax exempt status.

H."Division of Taxation" means the division of taxation of the Rhode Island Department of Revenue.

I."Eligibility statement" shall have the meaning prescribed to it in R.I. Gen. Laws § 44-71-3(5).

J."Federal low-income housing tax credit" shall have the meaning prescribed to it in R.I. Gen. Laws § 44-71-3(6).

K."Financing Gap" means the part of the total project cost that remains to be financed after all other sources of capital have been accounted for, including, but not limited to, applicant’s equity, a reasonable assumption of debt on the qualified Rhode Island project, federal Low Income Housing Tax Credits, and any other capital source that is reasonably available to the qualified Rhode Island project.

L."Low-income project" shall have the meaning prescribed to it in R.I. Gen. Laws § 44-71-3(7).

M."Proposed project" means a proposed qualified Rhode Island project.

N."Project costs" mean costs incurred and paid in connection with the qualified Rhode Island project by the applicant and included in the cost certification submitted for Federal Low Income Housing Tax Credits. Such costs include, but not limited to, lands, buildings, improvements, real and personal property or any interest therein, including the site, space or air rights, acquired, owned, developed or redeveloped, constructed, reconstructed, rehabilitated or improved, and any environmental remediation costs, plus reasonable soft costs as determined by the Department, and ancillary infrastructure projects and infrastructure improvements, as permitted in the sole discretion of the Department.

O."Placed in Service" means the date on which the qualified Rhode Island project is certified as being suitable for occupancy in accordance with state or local law. Being placed in service shall be evidenced by the qualified Rhode Island project's receipt of a permanent certificate of occupancy.

P."QAP" means the State of Rhode Island Qualified Allocation Plan prepared pursuant to 26 U.S.C. § 42(m)(1)(B) and in effect at the time of application.

Q."Qualified Rhode Island project" means a qualified low-income housing project, as defined in section 42 of the 1986 Internal Revenue Code, as amended and in effect for the taxable year, which is located in the state of Rhode Island, which meets the requirements of the Act and these Rules, and whose owner enters into a tax credit agreement with the Department.

R."Rhode Island low-income housing tax credit" or "tax credit" shall have the meaning prescribed to it in R.I. Gen. Laws § 44-71-3(9).

S."State" means the State of Rhode Island.

T."Tax credit agreement" means an agreement between the owner of the qualified Rhode Island project and the Department and filed as an affordable housing restriction in the land records of the city or town where the real estate lies that requires the project to be operated in accordance with the requirements of the Act and these Rules for not less than thirty (30) years from the expiration date of the compliance period.

U."Taxpayer" shall have the meaning prescribed to it in R.I. Gen. Laws § 44-71-3(11).

History

• Adoption — effective from 2024-10-08 to current

310-RICR-10-10-1 § 1.6 Eligibility

A.An applicant can only apply for a tax credit for a proposed project which is the subject of an application for or has or been approved for a federal low-income housing tax credit, and which meets other eligibility criteria set forth in the QAP, or a solicitation issued by the Department.

B.A proposed project cannot receive a tax credit until the it has been approved for or received a federal low-income housing tax credit.

History

• Adoption — effective from 2024-10-08 to current

310-RICR-10-10-1 § 1.7 Tax Credit Amount

A.The amount of a Tax Credit issued for a qualified Rhode Island project shall not exceed its financing gap.

History

• Adoption — effective from 2024-10-08 to current

310-RICR-10-10-1 § 1.8 Application

A.Each applicant shall submit an Application in a form prescribed by the Department, in a solicitation for applications for a Tax Credit, or in the QAP.

History

• Adoption — effective from 2024-10-08 to current

310-RICR-10-10-1 § 1.9 Application Review

A.Each application will be reviewed to confirm compliance with the Act and these Rules, and the Department may reject any incomplete or deficient application.

B.The Department may require the submission of additional information in connection with any application or the revision of an application, and may permit the resubmission of an application rejected as being incomplete or deficient.

C.The Department will review complete applications to determine if, in the Department's discretion, a financing gap exists for the proposed project. After the Department reviews an application, it will decide whether to award a Tax Credit to the Applicant. In making that determination, the Department will consider the following, among other things:

1.The evaluation of the applicant’s pro forma and need for additional subsidy funding;

2.The proposed project’s impact on efforts to increase affordable housing in the State, serve vulnerable populations (including extremely low-income residents) in the State, preserve housing options to expand opportunities, and address community needs;

3The proposed project's readiness to proceed;

4.The proposed project's financial feasibility; and

5.The capacity of the proposed development team.

D.The Department may prioritize projects based upon additional criterial set forth in the QAP, or in a solicitation issued by the Department.

E.If the Department determines that it will not approve an application for a tax credit under the Act or these Rules, then it will notify the applicant of that decision in writing.

F.The Department may set periodic application deadlines that will be published on the Department's website.

History

• Adoption — effective from 2024-10-08 to current

310-RICR-10-10-1 § 1.10 Application Review

A.The Department shall not have any obligation to make any award or grant any benefit under the Act or these Rules.

B.A review of an application shall not constitute a “contested case” under the Administrative Procedures Act, R.I. Gen. Laws § 42-35-9, and no opportunity to object to an application shall be afforded.

C.If any applicant wishes to appeal the Department's decision to deny an award under the Act or these Rules, the applicant may appeal that decision to the Secretary of Housing within ten business days of the applicant's actual notice or constructive notice of the Department's decision. The appeal must be in writing, set forth the reason for appeal, and be sent to the Secretary of Housing at the Department's office. The Secretary of Housing shall respond to the applicant's appeal in writing within thirty (30) days of receipt of the applicant's appeal, which response shall include the basis for the Department's decision.

History

• Adoption — effective from 2024-10-08 to current

310-RICR-10-10-1 § 1.11 Tax Credit Agreement

A.Upon the Department's approval of a tax credit for an applicant, the Department and the applicant will enter into a tax credit agreement prior to the issuance of any tax credit to the applicant. As part of the construction closing for the project, the Department and the applicant will enter into a tax credit agreement prior to the issuance of any tax credit to the applicant. The tax credit agreement shall include, among others, the following terms:

1.The maximum tax credit awarded;

2.The tax credit shall not be issued prior to the qualified Rhode Island project being Placed in Service;

3.Evidence that the applicant is in good standing with the Secretary of State and Division of Taxation at the time of execution of the tax credit agreement; a Certificate of Good Standing from the Secretary of State shall be evidence of good standing with the Secretary of State and a Letter of Good Standing from the Division of Taxation shall be evidence of good standing with the Division of Taxation;

4.A provision that the tax credit shall be allowed in five (5) equal, annual increments;

5.Default and remedies including events, if any, that would trigger forfeiture, revocation and/or recapture of the awarded tax credits;

6.Indemnification, insurance and other customary protective requirements;

7.Reporting requirements;

8.The imposition of such restrictions or covenants upon the qualified Rhode Island project as may be necessary to ensure continued compliance with the Act and these Rules;

9.At the Department's discretion, a provision requiring the applicant to pay the Department's attorneys’ fees incurred in connection with the negotiation, execution, and enforcement of the tax credit agreement;

10.A procedure to obtain an eligibility statement, which shall include, but not be limited to, the following:

a.Representations that the qualified Rhode Island project complies with all applicable laws and regulations;

b.Evidence that the applicant is in good standing with the Secretary of State and Division of Taxation at the time the applicant files its request for an eligibility statement. A Certificate of Good Standing from the Secretary of State shall be evidence of good standing with the Secretary of State and a Letter of Good Standing from the Division of Taxation shall be evidence of good standing with the Division of Taxation;

c.A requirement that the applicant submit, prior to issuance of any tax credit, satisfactory evidence of actual project costs, as certified by a Certified Public Accountant licensed in the State. If the actual project costs are less than the estimated project costs forming the basis for the approval of the awarded tax credits, then the awarded tax credit shall be reduced based upon the actual project costs;

d.Evidence that the Qualified Rhode Island project has been Placed in Service and meets such other criteria as imposed by the Department.

11.A provision that authorizes the Division of Taxation to share the applicant's tax information with the Department.

B.The Tax Credit Agreement will be filed as an affordable housing deed restriction in the land records of the city or town where the real estate lies that requires the project to be operated in accordance with the requirements of the Act for not less than thirty (30) years from the expiration date of the compliance period.

History

• Adoption — effective from 2024-10-08 to current

310-RICR-10-10-1 § 1.12 Eligibility Statement

A.Upon the qualified Rhode Island project being Placed in Service, the applicant shall submit a request for an eligibility statement to the Department, pursuant to the tax credit agreement. The request for an eligibility statement must be certified and attested to by a Certified Public Accountant licensed in the State, evidencing that the applicant has satisfied the conditions relating to the project costs and the applicant’s equity contribution.

B.The Department may seek reasonable additional information from the applicant to support the request for an eligibility statement.

C.Once the Department approves the request for an eligibility statement and finds that the applicant has satisfied the project costs, has made its equity contribution, if any, and satisfied any other applicable requirements of the tax credit agreement, the Department will issue an eligibility statement to the applicant, which shall indicate that the applicant is entitled to a tax credit for a specified year or years in an amount determined pursuant to the tax credit agreement.

D.In accordance with a procedure set forth in the tax credit agreement, the amount of the annual tax credit otherwise available shall be reduced, or the tax credit for the given year shall be entirely forfeited, if the applicant fails to meet any applicable requirements set forth in the tax credit agreement for the given year.

History

• Adoption — effective from 2024-10-08 to current

310-RICR-10-10-1 § 1.13 Tax Credit Certificates

A.Upon the issuance of an eligibility statement, the Department will issue tax credit certificates in the amount authorized and allocated in accordance with the eligibility statement and the tax credit agreement. The Department shall provide copies of eligibility statements and tax credit certificates to the Division of Taxation within thirty (30) days of issuance, including copies of all eligibility statements and tax credit certificates that are reissued, transferred, sold, or assigned.

B.The owner of a qualified Rhode Island project that receives an eligibility statement and tax credit certificates shall, at the time of filing the owner's state tax return, submit therewith the original tax credit certificate issued by the Department with respect to such qualified Rhode Island project. In the case of failure to attach the tax credit certificate, a tax credit shall not be allowed with respect to such qualified Rhode Island project for that year until the original tax credit certificate is provided to the Division of Taxation.

History

• Adoption — effective from 2024-10-08 to current

310-RICR-10-10-1 § 1.14 Assignment of Tax Credits

A.A tax credit certificate may be assigned to any Taxpayer, provided that no credit has been claimed based on the tax credit certificate being assigned. The tax credit certificate may be assigned by endorsing the assignment clause set forth on the certificate and delivery of the original certificate to the assignee.

B.The assignee may use the tax credit only to offset the actual tax imposed and those taxes permitted to be offset under the Act as delineated in the tax credit agreement, for the taxable year in which the tax credit is issued or for taxable years to which the tax credit is permitted to be carried forward.

C.The assignee of a tax credit certificate shall, at the time of filing the assignee's state tax return, submit therewith the original tax credit certificate issued by the Department with respect to a qualified Rhode Island project. In the case of failure to attach the tax credit certificate, a tax credit shall not be allowed with respect to a qualified Rhode Island project for that year until the original tax credit certificate is provided to the Division of Taxation.

History

• Adoption — effective from 2024-10-08 to current

310-RICR-10-10-1 § 1.15 Redemption of Tax Credits

A.Upon request of a taxpayer and subject to annual appropriation, the State, through its Division of Taxation, shall redeem any Tax Credit in whole or in part, for ninety percent (90%) of the value of the Tax Credit.

B.A taxpayer seeking redemption of a tax credit certificate shall file an application with the Division of Taxation on the form prescribed by the Division of Taxation together with the original tax credit certificate. The Division of Taxation will request funds from the Department bi-annually and will pay the redemption amount within thirty (30) days of the receipt of funds from the Department.

History

• Adoption — effective from 2024-10-08 to current

310-RICR-10-10-1 § 1.16 Revocation and Recapture of Tax Credits.

A.Any Tax Credit can be revoked and/or recaptured by the Department in the following circumstances:

1.Upon federal revocation and recapture as set forth in R.I. Gen. Laws § 44-71-7 (a)

2.Upon Department's determination:

a.In the event that any request for an eligibility statement or information provided by the applicant or any officer, principal, agent, or employee of the Applicant or its successor-in-interest is found to be willfully false, the Department may deny the issuance of any tax credits or revoke any award of tax credits in their entirety, which revocation shall be in addition to any other criminal or civil penalties that the applicant and/or the officer, principal, agent, or employee may be subject to under applicable law.

b.That an applicant or its successor-in-interest is convicted of bribery, fraud, theft, embezzlement, misappropriation, and/or extortion involving the State, any State agency or political subdivision of the State.

c.Upon breach of a Tax Credit Agreement, the Department may deny the issuance of or revoke the tax credit certificates and any fees paid shall be forfeited.

d.If any tax credit certificates have been claimed by any taxpayer based upon a tax credit certificate that has been revoked, the applicant or its successor-in-interest shall pay to the Department an amount equal to the tax credit claimed.

B.The Department shall provide notification of recapture determinations pursuant to R.I. Gen. Laws § 44-71-7(b).

C.The Department may provide for additional rights and remedies in any tax credit agreement, which will be in addition to the rights of revocation and termination provided under this Rule.

History

• Adoption — effective from 2024-10-08 to current

310-RICR-10-10-1 § 1.17 Administration and Examination of Records

A.The Division of Taxation and any of its agents, for the purpose of ascertaining the correctness of any claimed Tax Credit may examine any books, paper, records or memoranda bearing upon the matters required to be included in the return, report or other statement, and may require the attendance of the person executing the return, report or other statement, or of any officer or employee of any taxpayer, or the attendance of any other person, and may examine the person under oath respecting any matter which the Division of Taxation or its agents deems pertinent or material in determining eligibility for tax credits claimed, and may request information from the Department, and the Department shall provide such information in all cases, to the extent not otherwise prohibited by statute.

B.The Department may examine any books, paper, records or memoranda bearing upon the approval of Tax Credits, and may require the attendance of any person executing any application, report or other statement, or of any officer or employee of any taxpayer, or the attendance of any other person, and may examine such person under oath respecting any matter which the Department deems pertinent or material in determining eligibility for Tax Credits.

History

• Adoption — effective from 2024-10-08 to current

310-RICR-10-10-1 § 1.18 Inspection Rights

A.The Department and Division of Taxation shall have the right at reasonable times to make an inspection and to enter upon any property that is the subject of an application during the term of the Tax Credit Agreement to verify compliance with the Act, the Rules and such other conditions imposed by the Department.

History

• Adoption — effective from 2024-10-08 to current

Chapter 30 Vacant Schools

Subchapter 20 Repurposing of Vacant Schools for Affordable Housing Program

310-RICR-30-20-1 Rules and Regulations for the Establishment of the Repurposing of Vacant Schools for Affordable Housing Program

310-RICR-30-20-1 § 1.1 Purpose

A.These Rules and Regulations (“Rules”) are promulgated to set forth the principles, policies, and practices of the Executive Office of Housing - in implementing and administering the Repurposing of Vacant Schools for Affordable Housing Program, created under R.I. Gen. Laws § 45-53-10.

History

• Adoption — effective from 2026-07-28 to current

310-RICR-30-20-1 § 1.2 Authority

A.These Rules and Regulations are promulgated pursuant to R.I. Gen. Laws § 45-53-10(g). These Rules have been prepared in accordance with the requirements of the Rhode Island Administrative Procedures Act, R.I. Gen. Laws § 42-35-1 et seq.

History

• Adoption — effective from 2026-07-28 to current

310-RICR-30-20-1 § 1.3 Scope

A.These Rules shall apply to the municipal reporting of vacant schools within the municipality’s school district and the process of determining whether the vacant school building is viable for adaptive reuse for creating affordable housing. Notwithstanding anything contained in these Rules to the contrary, EOH shall have and may exercise all general powers set forth in the Program, and these Rules shall be liberally construed so as to permit EOH to effectuate the purposes of the Program.

History

• Adoption — effective from 2026-07-28 to current

310-RICR-30-20-1 § 1.4 Severability

A.If a court of competent jurisdiction invalidates any provision of these Rules and Regulations, or their application to any local government unit or circumstance, the remaining rules and regulations will not be affected. The invalidity of any section or sections, or parts of any section or sections, shall not affect the validity of the remainder of these Rules and Regulations.

History

• Adoption — effective from 2026-07-28 to current

310-RICR-30-20-1 § 1.5 Definitions

A.“Adaptive reuse” refers to the conversion of an existing structure from the use for which it was constructed to a new use by maintaining elements of the structure and adapting such elements to a new use.

B."All appropriate inquiries" or "AAI" means the process of conducting due diligence or an ASTM Phase I Environmental Site Assessment to determine prior uses and ownership of a property and assess conditions at the property that may be indicative of Releases or threatened Releases of hazardous substances at, on, in, or to the property as defined by 40 C.F.R. § 312 (2024), incorporated herein by reference, not including any further editions or amendments thereof and only to the extent that the provisions therein are not inconsistent with these Regulations.

C.“Developer” means a person, firm, business, partnership, association, political subdivision, or other entity that proposes to build or builds a qualified Rhode Island project, regardless of tax-exempt status.

D.“District” means a Local Education Agency (LEA) as defined by RI Department of Education regulations 200-RICR-20-05-1.

E.“EOH” means the Executive Office of Housing.

F.“Feasibility study” and “Feasibility Assessment” are interchangeable and mean a written analysis of the practicality and viability of a proposed adaptive reuse project that assesses costs, benefits, risks, and resources necessary to repurpose a vacant school building for residential use.

G.“Preliminary assessment” means the initial analysis conducted by EOH to determine if a vacant school building may be eligible for further analysis for adaptive reuse.

H.“Program” means the Repurposing of Vacant Schools for Affordable Housing Program created under R.I. Gen. Laws § 45-53-10.

I.“RIDE” means the RI Department of Education.

J.“RIDEM” means the RI Department of Environmental Management

K.“Secretary” means the Secretary of Housing.

History

• Adoption — effective from 2026-07-28 to current

310-RICR-30-20-1 § 1.6 Vacant School Building List

A.Municipalities shall compile a list of buildings abandoned or no longer being used by their local District(s). Municipalities shall also include and identify in the list any other school buildings that the municipalities anticipate will become abandoned or no longer used by a school district within the next six (6) months following the creation of the list.

B.The municipalities shall, by July 15th of each year, provide the list to RIDE, and RIDE, no later than October 1st of each year, shall forward the list of the vacant school buildings to EOH for review of the buildings’ potential for adaptive reuse.

C.Local Education Agencies (LEAs) that are not run by a municipal body, including regional districts and charter school LEAs, shall also report to RIDE on the same information in this Section as it relates to buildings in their school district.

History

• Adoption — effective from 2026-07-28 to current

310-RICR-30-20-1 § 1.7 Preliminary Assessments for Possible Feasibility Study

A.Upon receipt of the list forwarded from RIDE regarding any vacant school building, EOH shall conduct preliminary assessments to determine whether any of the potential vacant buildings should be eligible for a feasibility study.

B.A preliminary assessment may include, but not be limited to, the following:

1.Building specifics, including, but not limited to, building condition, size and potential number of units, classroom/unit size, year constructed, and any previous renovations to the building, if applicable;

2.When the building became/will become vacant;

3.Study of the site by EOH or a contractor working on its behalf to determine if any part of the structure or areas within the structure or subject property are damaged or may contain hazardous conditions and/or materials that would prohibit the viability or financial feasibility for adaptive reuse;

4.Location of the building within the municipality in relation to businesses, institutions, public transportation, and emergency services including police, fire, and rescue;

5.Site conditions, including, but not limited to, utility connections, parking areas, vehicular ingress/egress, landscaping, and stormwater facilities.

6.Whether the municipality, and/or other municipal agencies, as applicable, has plans to redevelop the vacant school building for housing or non-housing purposes;

7.Whether the municipality has initiated demolition of the vacant school site;

8.Whether land evidence records within the municipality show the existence of an easement or restriction on the property that limits the ability for residential use; and

9.Any other relevant and/or pertinent information that would make it infeasible for the vacant school building to be considered for adaptive reuse as housing.

C.If the answers/determinations of the above referenced criteria do not include any information making a project clearly infeasible, then the property of the vacant school shall be eligible for a feasibility study.

History

• Adoption — effective from 2026-07-28 to current

310-RICR-30-20-1 § 1.8 Feasibility Study of Vacant School Buildings

A.Pursuant to R.I. Gen. Laws § 45-53-10(d)(3), contingent upon Program funding, EOH may facilitate a feasibility study if all preliminary assessment criteria have been met for the vacant school building to determine the building’s viability and anticipated costs for adaptive reuse as affordable housing.

B.The feasibility study shall be completed within one hundred eighty (180) days after EOH receives the information regarding the available vacant school building from RIDE.

C.The feasibility study may include, but not be limited to, the following:

1.Building and site information, including, but not limited to, assessor’s plat map/lot number, square footage, lot size, and approach to gathering the data contained within the study;

2.All Appropriate Inquiries or consideration of existing environmental documentation of the property, completed by an environmental professional working to identify prior uses and ownership of the property, and assess conditions at the property that may be indicative of Releases or threatened Releases of hazardous substances at, on, in, or to the property that may impact the viability or financial feasibility for adaptive reuse. Results of any environmental site assessment(s), resulting recommended actions, and/or RIDEM records for the property may also be included and/or referenced;

3.Zoning analysis;

4.Proposed unit count with a breakdown of number of bedrooms and bathrooms.

5.Conceptual diagrams, including floor plans and/or blueprints;

6.Cost estimate and information as to how the cost estimate was determined;

7.Analysis of site conditions and recommended actions to implement adaptive reuse of the site;

8.Project timeline, including any reasonably foreseeable time constraints; and

9.Conclusion and any appendices for consideration.

History

• Adoption — effective from 2026-07-28 to current

310-RICR-30-20-1 § 1.9 Determination of Adaptive Reuse

A.After completion of the feasibility study, EOH shall send a report to the municipality for the municipality’s determination as to whether to proceed with a project of repurposing the vacant school building for affordable housing.

B.If the municipality wants to proceed with the project, EOH, in collaboration with the municipality, may invite prospective developers to submit proposals for redevelopment of the site with the goal of repurposing the building into affordable housing; a municipality may also proceed at its discretion to seek redevelopment proposals for municipally-owned property.

History

• Adoption — effective from 2026-07-28 to current

310-RICR-30-20-1 § 1.10 Public Information

A.EOH shall maintain on its website a separate page related to the repurposing of vacant school buildings for the affordable housing program. This page shall contain a listing of all buildings for which a feasibility study was conducted and the outcome of said study, a general statement of the condition of the property, an estimate of the types of renovations, if any, that must be performed on and/or to the property, a copy of the feasibility study, and an estimate of the costs thereof.

B.The Secretary shall provide an annual report by December 31st of each year, to be published on EOH’s website, which shall include, but not be limited to, the number of schools that are vacant and include a status report of any development and/or feasibility assessment or study to repurpose a vacant building.

History

• Adoption — effective from 2026-07-28 to current

Chapter 60 Pilot Programs

Subchapter 35 Transit-Oriented Development Pilot Program

310-RICR-60-35-1 Rules and Regulations for the Establishment of the Transit-Oriented Development Pilot Program

310-RICR-60-35-1 § 1.1 Purpose

A.These Rules and Regulations (“Rules”) are promulgated to set forth the principles, policies, and practices of the Executive Office of Housing (the “Executive Office”) in implementing and administering the Transit-Oriented Development Pilot Program (hereinafter referred to as “Program”) created under R.I. Gen. Laws § 45-24-77, et seq. (the “Act”).

History

• Adoption — effective from 2026-02-12 to current

310-RICR-60-35-1 § 1.2 Authority

A.These Rules and Regulations are promulgated pursuant to R.I. Gen. Laws § 45-24-77(d). These Rules have been prepared in accordance with the requirements of the Rhode Island Administrative Procedures Act, R.I. Gen. Laws § 42-35-1 et seq.

History

• Adoption — effective from 2026-02-12 to current

310-RICR-60-35-1 § 1.3 Scope

A.This Part shall apply to any application for funding under the Act. Notwithstanding anything contained in this Part to the contrary, the Executive Office shall have and may exercise all general powers set forth in the Act that are necessary or convenient to affect its purposes, and this Part shall be liberally construed so as to permit the Executive Office to effectuate the purposes of the Act, the public interest, and other applicable state laws and regulations. Notwithstanding the foregoing, such zoning code provisions shall not take precedence over otherwise generally applicable state requirements, historic districts or overlay zones, or environmental regulations or overlay zones.

History

• Adoption — effective from 2026-02-12 to current

310-RICR-60-35-1 § 1.4 Severability

A.If a court of competent jurisdiction invalidates any provision of this Part and Regulations, or their application to any local government unit or circumstance, the remaining Rules and Regulations will not be affected. The invalidity of any section or sections, or parts of any section or sections, shall not affect the validity of the remainder of these Rules and Regulations.

History

• Adoption — effective from 2026-02-12 to current

310-RICR-60-35-1 § 1.5 Definitions

A."Affordable Housing." A housing unit will be considered Affordable if:

1.It is subject to an affordable housing restriction with a term of no less than 30 years;

2.In the case of dwelling units for rent, housing that is affordable means housing for which the rent, heat, and utilities other than telephone constitute no more than thirty percent (30%) of the gross annual household income for a household with eighty percent (80%) or less of area median income, adjusted for family size.

3.For a homeownership unit, the purchaser is required to be an individual or household whose annual income is less than or equal to 120% of the Area Median Income and the maximum sale price at initial sale and resale is less than or equal to a level affordable to households at or below 110% of the Area Median Income assuming that the household would not expend more than 30% of monthly income for the total of mortgage principal and interest, property taxes, hazard insurance, private mortgage insurance, and condominium, co-op or homeowner association payments.

B."Affordable Housing Restriction" means a restriction in favor of HUD, any agency or instrumentality of the State, or a municipality and in the chain of title to a housing unit limiting the sale price or rent and limiting occupancy to an individual or household of a certain income as defined above, “Affordable Housing.”

C."Approved TOD Pilot Program District" means a district for which Transit-Oriented Development (TOD) Zoning has been adopted by a Municipality and for which a Certificate of Final District Approval has been issued by the Executive Office.

D."Area Median Income" means the area-wide median income as determined by HUD, adjusted for household size and using HUD’s rules for attribution of income to assets.

E."As-of-right" means a residential development allowed within the TOD Pilot District without the need for a special permit, variance, zoning amendment, discretionary waiver, or other form of zoning relief.

F."Certificate of Final District Approval" means a certificate issued by the Executive Office to a Municipality confirming that the TOD Pilot Program District meets the requirements of the Act and this Part.

G."Days" means calendar days.

H.“Developable Land” means all land within a District that can be feasibly developed into residential or Mixed-use Development Projects. Developable Land shall not include:

1.Substantially Developed Land;

2.Protected Open Space;

3.The rights-of-way of existing public streets, ways, and transit lines; or

4.Land currently in use for governmental functions (except to the extent that such land qualifies as Underutilized Land).

I.“Easing” as the term relates to dimensional restrictions and parking requirements means a reduction/lessening, or, in cases where the underlying zoning already met the TOD Pilot Program District standards, that such elements continue to meet the standards.

J."Executive Office" means The Rhode Island Executive Office of Housing established pursuant to R.I. Gen. Laws § 42-167-1.

K."HUD" means the United States Department of Housing and Urban Development.

L."Letter of Compliance" means a letter issued by the Executive Office to a Municipality confirming that the Executive Office is withdrawing a Letter of Noncompliance, and that is filed with the town or city clerk of the Municipality.

M."Letter of Noncompliance" means a letter issued by the Executive Office to a Municipality stating that the actions of the Municipality preclude compliance with the requirements set forth in the Act and this Part, or that the Municipality has adopted amendments to the TOD Pilot Program District or TOD Pilot Program Zoning that render(s) a TOD Pilot Program District noncompliant with the Act or this Part, and which shall be filed with the town or city clerk of the Municipality.

N."Letter of Preliminary District Approval" means a letter issued by the Executive Office to a Municipality prior to its adoption of a TOD Pilot Program District confirming that the proposed District would meet the requirements of the Act and this Part.

O."Low Impact Development (LID) Techniques" means strategies suitable to a particular site that protect the natural features of the site, including, without limitation:

1.Natural resource-oriented site design;

2.Appropriately scaled and decentralized stormwater management techniques that limit the rate of off-site storm water runoff (both peak and non-peak flows) to levels substantially similar to natural hydrology (or, in the case of a redevelopment site, that reduce such flows from pre-existing conditions), through means including but not limited to bioretention/rain gardens, infiltration/permeable pavements, stormwater planters, vegetated swales, vegetated buffers, cisterns, rain barrels, and green roofs; and

3.Appropriately scaled roads as promoted by Complete Streets (see R.I. Gen. Laws Chapter 24-16).

P."Mixed-use Development" means a Project containing a mix of residential uses, together with commercial, institutional, industrial, or other non-residential uses; in which the applicable residential densities set forth in this Part apply.

Q."Municipality" means any Rhode Island city or town.

R.“Notice of Deficiencies” means a letter issued by the Executive Office to a Municipality stating its determination that a proposed TOD Pilot Program District does not satisfy all the criteria as set forth in the Act and this Part and shall identify the deficiencies on which the determination was made.

S."Notice of Revocation" means a letter issued by the Executive Office to a Municipality revoking a Certificate of Final District Approval or Letter of Compliance and which shall be filed with the town or city clerk of the Municipality and shall be appended to the relevant zoning map of the Municipality.

T."Prior Zoning" means, for a TOD Pilot District created through base zoning regulations, the zoning requirements for the TOD Pilot District that were in place immediately prior to the adoption of a TOD Pilot District through base zoning.

U."Protected Open Space" means land dedicated in perpetuity to protect one or more of the following: land for existing and future well fields, aquifers, and recharge areas; watershed land; agricultural land; grasslands; fields; forest land; fresh and saltwater marshes and other wetlands; ocean, river, stream, lake and pond frontage; beaches, dunes, and other coastal lands; lands to protect scenic vistas; land for wildlife or nature preserves; land for active or passive recreational use; parklands, plazas, playgrounds, and reservations; and cemeteries. Protected Open Space may be in public or private ownership.

V."Smart Growth" means a principle of land development that furthers, on balance, the following goals:

1.Increasing the availability of affordable housing by creating a range of housing opportunities in neighborhoods;

2.Emphasizing mixing land uses;

3.Taking advantage of compact design;

4.Providing walkable neighborhoods incorporating complete streets design pursuant to R.I. Gen. Laws Chapter 24-16;

5.Fostering distinctive and attractive communities;

6.Preserving open space, farmland, natural beauty, and critical environmental areas; by prioritizing higher density development in town/city centers, where infrastructure already exists;

7.Providing accessibility to a variety of transportation choices;

8.Making development decisions predictable, fair, and cost effective.

W."Substantially Developed Land" means land that is currently developed, and which does not qualify as Underutilized Land.

X."Suitable for Families" means residential development comprised of dwelling units that are not age-restricted housing, and for which there are no zoning requirements for age-restricted housing and no restrictions on the number of bedrooms, the size of bedrooms, or the number of occupants.

Y."Transit-Oriented Development (TOD)" means the creation of compact, walkable, pedestrian-oriented, mixed-use communities centered around transit nodes that support vibrant, sustainable, and equitable communities.

Z."TOD Pilot Program District" means an established overlay district or other zoning provisions that create a district within a Municipality that meets the following requirements and for which the Executive Office has issued a Certificate of Final District Approval:

1.Meets the requirements of R.I. Gen. Laws § 45-24-77;

2.Provides for high density residential development;

3.Eases the parking ratio for residential uses as compared to the Underlying Zoning or the Prior Zoning, provided that the maximum parking allowed does not exceed 1.5 parking spaces per unit of housing. For the purposes of calculating maximum parking spaces, fractions shall be rounded up to the nearest integer;

4.Eases dimensional restrictions as compared to the Underlying Zoning or Prior Zoning;

5.Incorporates Smart Growth principles; and

6.Meets the requirements for TOD Pilot Program Zoning.

7.TOD Pilot Program Districts may allow commercial, institutional, mixed-use, open space, or other reasonable land uses, but only eligible residential and mixed-use projects may apply for funding under the TOD Pilot Program.

AA."TOD Pilot Program" means a program to provide funding for residential development as authorized by the Act and administered according to this Part.

BB."TOD Pilot Program Zoning" means the zoning code provisions that create the TOD Pilot Program District and is all-inclusive such that development within a TOD Pilot Program District shall be governed solely by the TOD Pilot Program Zoning, without any reference to the standards or procedures of the Underlying Zoning that would otherwise be applicable to developments within the same geographic area as the TOD Pilot Program District. Without limitation, the TOD Pilot Program Zoning shall set out the dimensional, use, parking, and other standards applicable to development within the TOD Pilot Program District, including but not limited to height limits, setbacks, lot areas, lot dimensions, unit to lot ratios, floor area ratios, lot coverage ratios, open space ratios, residential parking ratios and locations, roadway design standards, and shall provide for housing opportunities that are Suitable for Families.

CC."Underlying Zoning" means, in the case of creating a TOD Pilot Program District through an overlay zone, the Municipal zoning requirements that are otherwise or were previously applicable to the geographic area where such TOD Pilot Program District is located or proposed. The Underlying Zoning shall include all zoning and existing overlays applicable to such geographic area and shall not be limited to the base zoning layer.

DD."Underutilized Land" means Developable Land within a TOD Pilot District that would otherwise qualify as Substantially Developed Land but which:

1.Is characterized by improvements that have a marginal or significantly declining use, as measured by such factors as vacancy rates, extent of operation, current and projected employment levels, market demand for the current uses or the uses to which the existing improvements could readily be converted, low value of improvements in relation to land value, and low floor area ratio in relation to the floor area ratio that would be permitted under the applicable Underlying Zoning or Prior Zoning; or

2.As demonstrated by existing or anticipated market conditions, may have reasonable potential to be developed, redeveloped, or converted into residential or Mixed-use Development consistent with Smart Growth principles.

EE.“RIHousing” means Rhode Island Housing and Mortgage Finance Corporation.

History

• Adoption — effective from 2026-02-12 to current

310-RICR-60-35-1 § 1.6 TOD Pilot Program District Approval Process

A.Application for Preliminary District Approval

1.Prior to adoption of new TOD Pilot Program Zoning, the chief executive of a Municipality or duly authorized designee shall submit to the Executive Office an application for a Letter of Preliminary District Approval. Any Municipality which has an existing zoning district that it believes is compliant with the requirements of a TOD Pilot Program District may submit an application to receive a Certificate of Final District Approval for their existing zone without first receiving a Letter of Preliminary District Approval. The application for a Letter of Preliminary District Approval shall contain the following materials, and such forms issued by the Executive Office, for its determination that the TOD Pilot Program District would meet the requirements of the Act and this Part if adopted by the Municipality:

a.An application in the form prescribed by the Executive Office.

b.A copy of the proposed TOD Pilot Program Zoning ordinance.

c.One or more plat plans, maps and/or aerial photographs that collectively are sufficient to show:

i.The location of the proposed TOD Pilot Program District;

ii.The relation of the proposed TOD Pilot Program District to a regional mobility hub or frequent transit stop as defined in R.I. Gen. Laws § 45-24-77;

iii.The areas within the proposed TOD Pilot Program District that qualify as Developable Land including Underutilized Land (if any), and areas excluded from Developable Land pursuant to this Part;

d.Written confirmation from the Rhode Island Metropolitan Planning Organization that the proposed TOD Pilot Program District meets the transit service requirements of R.I. Gen. Laws § 45-24-77.

e.A copy, including both text and map(s), of the Underlying Zoning or Prior Zoning for the proposed TOD Pilot Program District.

f.A description of the dimensional restrictions that have been eased in the proposed TOD Pilot Program Zoning as compared to the Underlying Zoning or Prior Zoning.

g.Any other material required by the Executive Office.

B.Preliminary District Approval Review Process

1.Within 30 days of the Executive Office’s receipt of a Municipality’s application for a Letter of Preliminary District Approval, or other reasonable time period as the Executive Office may establish by written notice to the Municipality, the Executive Office shall notify the Municipality in writing or by electronic communication if any required element of its application is missing or incomplete. Such notification shall constitute a denial of the application unless the missing or incomplete elements are addressed within 30 days after the notification, or other reasonable period established at the Executive Office’s discretion.

2.The Executive Office shall communicate its determination on an application for a Letter of Preliminary District Approval to the Municipality by issuing a Letter of Preliminary District Approval or Notice of Deficiencies within (1) 60 days from the date on which the Executive Office received a Municipality’s complete application for a Letter of Preliminary District Approval, or other reasonable time period as the Executive Office may establish by written notice to the Municipality, or (2) 45 days from the Executive Office’s receipt of the last missing or incomplete element of the application for a Letter of Preliminary District Approval, or other reasonable time period as the Executive Office may establish by written notice to the Municipality. A Notice of Deficiencies shall identify the specific elements of the proposed TOD Pilot Program District that conflict with or fail to satisfy elements required by the Act and this Part for a TOD Pilot Program District. A municipality that receives a Notice of Deficiencies may re-submit for a Letter of Preliminary District Approval at any time after addressing any identified deficiencies.

3.To issue a Letter of Preliminary District Approval, which approves the application without conditions, the Executive Office must find that a proposed TOD Pilot Program District satisfies each of the relevant requirements set forth in the Act and this Part.

C.Final District Approval Submittal

1.Upon adoption of the TOD Pilot Program Zoning, or to certify an existing zone as a TOD Pilot Program District, a Municipality shall submit to the Executive Office a request for Final District Approval. The request for Final District Approval shall include proof of such adoption and:

a.Certification by the chief executive of the Municipality or duly authorized designee that the TOD Pilot Program Zoning has not changed since the Executive Office issued a Letter of Preliminary District Approval; or

b.If any element of the TOD Pilot Program District or TOD Pilot Program Zoning has changed since the Executive Office issued a Letter of Preliminary District Approval, the Municipality shall identify those elements and provide materials related to such changes, including but not limited to the TOD Pilot Program Zoning and TOD Pilot Program District map, that enable the Executive Office to determine that the TOD Pilot Program District as adopted meets the requirements of the Act and this Part; or

c.In the case of certifying an existing zone as a TOD Pilot Program District, the applicant must submit all items listed in §§ 1.6(A)(1)(a-d) and (g) of this Part.

D.Final District Approval Review

1.The Executive Office shall confirm its decision by issuance of a Certificate of Final District Approval or Notice of Deficiencies within forty-five (45) days from the date on which the Executive Office received a Municipality’s request for Final District Approval, or thirty (30) days from the Executive Office’s receipt of the last missing or incomplete element of the request for Final District Approval, or other reasonable time period as the Executive Office may establish by written notice to the Municipality.

2.If the submission satisfies all the criteria for a TOD Pilot Program District and TOD Pilot Program Zoning set forth in the Act and this Part, the Executive Office shall issue a Certificate of Final District Approval. If the Executive Office determines that the submission does not satisfy all the criteria for a TOD Pilot Program District and TOD Pilot Program Zoning set forth in the Act and this Part, the Executive Office shall issue a Notice of Deficiencies that identifies the specific elements of the proposed TOD Pilot Program District that conflict with or fail to satisfy elements required by the Act and this Part for a TOD Pilot Program District.

E.Appeals

1.A Municipality may appeal the Executive Office’s decision to issue a Notice of Deficiencies by requesting that the Secretary of Housing review the Notice. The request shall be in writing to the Secretary not later than thirty (30) days after receipt of the Notice of Deficiencies and shall set out the reasons that Notice of Deficiencies should be revoked and a Certificate of Final District Approval issued to the Municipality. The Secretary shall respond to the appeal in writing within sixty (60) days of receipt of the appeal, or such other reasonable time period as the Secretary may establish by written notice to the Municipality.

F.Amendments to Certified TOD Pilot Program Districts

1.Any proposed amendment to the TOD Pilot Program District or TOD Pilot Program Zoning, if proposed after issuance of a Certificate of Final District Approval, shall be treated as a new application under § 1.6 of this Part. Applicants for amended TOD Pilot Program Zoning are encouraged to clearly identify all changes to the previously certified district and explain how the changes are compliant with TOD Pilot Program zoning requirements. If the changes to a TOD Pilot Program District or TOD Pilot Program Zoning fail to comply with the approval criteria set forth in the Act and this Part, and the municipality adopts the amendment without written confirmation of conformance from the Executive Office, the Executive Office shall issue a Letter of Noncompliance.

G.Repeals

1.A Municipality may at any time repeal the TOD Pilot Program Zoning for an approved TOD Pilot Program District, pursuant to the following review procedure. The Municipality shall provide thirty (30) days prior written notice to the Executive Office that such repeal has been proposed for action by the Municipal legislative body under applicable law, and it shall provide subsequent written notice to the Executive Office if such Municipal repeal action is taken. If a TOD Pilot Program Zoning is repealed, the Executive Office shall issue a Letter of Revocation indicating the that the Certificate of Final District Approval for the TOD Pilot Program District has been revoked.

History

• Adoption — effective from 2026-02-12 to current

310-RICR-60-35-1 § 1.7 TOD Pilot Program Funding Process

A.Application for Funding

1.Any developer or Municipality proposing a residential or Mixed-use development that includes affordable housing in a TOD Pilot Program District for which a Municipality has received a Certificate of Final District Approval, and which has not been revoked or is not the subject of a Letter of Noncompliance, is eligible to apply for TOD Pilot Program funding pursuant to the requirements of this Section.

2.TOD Pilot Program funding may be made available by the Executive Office and/or RIHousing through a competitive solicitation process in compliance with applicable procurement statutes and regulations. The application for funding through the TOD Pilot Program shall be in a form prescribed by the Executive Office or its designee and shall contain, at a minimum:

a.A copy of the Certificate of Final District Approval for the TOD Pilot Program District in which the proposed development will be located;

b.A map of the TOD Pilot Program District showing the location of the proposed development;

c.A copy of the most current proposed or final approved plan set for the project;

d.A breakdown of the total proposed units, Affordable Housing units, and proposed income restrictions for the Affordable Housing units;

e.The qualifications and experience of the development team;

f.Detailed financial information demonstrating the financial feasibility of the project;

g.Construction/project timeline including phasing information, as applicable; and

h.A narrative of how the project employs Smart Growth Principles and LID Techniques.

B.Funding Application Review

1.The Executive Office shall review the application for the TOD Pilot Program funding and shall make awards and distribute funding in accordance with the requirements of the Act, this Part, and the solicitation posted for the TOD Pilot Program.

C.The scoring criteria shall prioritize proposals based on a variety of criteria, including but not limited to:

1.Alignment with the Housing 2030 strategic plan or any successor plan;

2.The total number of residential units proposed;

3.The density of units proposed;

4.The total number of affordable units proposed;

5.Qualifications and experience of the development team;

6.The degree to which Smart Growth Principles, parking minimization, and LID Techniques are integrated into the proposal;

7.Financial feasibility of the proposal;

8.Frequency and accessibility of current and future transit service; and

9.Readiness to proceed.

History

• Adoption — effective from 2026-02-12 to current

310-RICR-60-35-1 § 1.8 Annual Report

A.On or before October 1 of each year, each Municipality that contains a TOD Pilot Program District for which a Certificate of Final District Approval had been issued by the end of the previous fiscal year ending on June 30th shall submit to the Executive Office, in a form to be prescribed by the Executive Office, an Annual TOD Pilot Program Report. The Municipality shall provide the following information in the annual update:

1.A list of all TOD Pilot Program Districts approved by the Executive Office and any new proposed TOD Pilot Program Districts within the Municipality;

2.A tabulation for each TOD Pilot Program District including the total land area, the Developable Land area, the number of residential units completed under the TOD Pilot Program Zoning; and the number of Affordable units created under the TOD Pilot Program Zoning.

3.Any additional information which the Executive Office shall prescribe in writing by June 30th of the year in which the report is due.

History

• Adoption — effective from 2026-02-12 to current

310-RICR-60-35-1 § 1.9 Noncompliance

A.If the approved TOD Pilot Program District is not being developed or permitted to be developed as a result of subsequent actions by the Municipality that restrict development in the TOD Pilot Program District, in a manner that would preclude compliance with the requirements set forth in the Act and this Part, or the Municipality has adopted amendments to the TOD Pilot Program District or TOD Pilot Program Zoning that render(s) a TOD Pilot Program District noncompliant with the Act or this Part, the Executive Office shall issue a Letter of Noncompliance, stating the grounds for noncompliance and granting the Municipality sixty (60) days in which to furnish the Executive Office with satisfactory documentation that the grounds for noncompliance set forth in the letter have been cured or measures to cure have commenced and that such measures shall be undertaken with diligence to completion within a reasonable period. A Letter of Noncompliance shall be filed with the town or city clerk of the Municipality.

B.If the Executive Office finds within a further thirty (30) days that the documentation provided by the Municipality in response to the Letter of Noncompliance is satisfactory, the Executive Office shall issue a Letter of Compliance.

C.If the Municipality has failed to show within the sixty (60) day period that it has cured or has commenced measures to cure its noncompliance, the Executive Office shall revoke the Certificate of Final District Approval by issuing a Letter of Revocation. A Letter of Revocation shall be filed with the town or city clerk of the Municipality.

D.A Municipality may appeal the Executive Office’s decision to issue a Letter of Noncompliance or a Letter of Revocation by requesting that the Secretary of Housing review the findings and conclusion(s) of such Letter. The request shall be in writing to the Secretary not later than thirty (30) days after receipt of the Letter of Noncompliance or Letter of Revocation and shall set out the reasons that the Executive Office’s decision should be overturned and a Letter of Compliance issued to the Municipality. The Secretary shall respond to the appeal in writing within sixty (60) days of receipt of the appeal, or such other reasonable time period as the Secretary may establish by written notice to the Municipality.

E.Any issuance of a Letter of Noncompliance or Letter of Revocation by the Executive Office shall not affect the application of such TOD Pilot Program Zoning to any development which has been awarded funding under the TOD Pilot Program, provided that there has not been any changes to the development since the funding was awarded that would have caused the Executive Office to determine that the development did not meet the requirements of the Act and this Part at the time of the application to the TOD Pilot Program.

F.For so long as a Letter of Noncompliance or Letter of Revocation is outstanding, or an Annual TOD Pilot Program Report has not been filed in compliance with 1.8 of this Part, no development with the TOD Pilot Program District shall be eligible for funding under the TOD Pilot Program, however, any application for TOD Pilot Program Funding that was submitted prior to a Letter of Noncompliance, a Letter of Revocation, or a failure to file an Annual TOD Pilot Program Report shall remain eligible for funding under the TOD Pilot Program.

History

• Adoption — effective from 2026-02-12 to current

310-RICR-60-35-1 § 1.10 Waiver

A.The Secretary of Housing may waive, in writing, any provision of this Part not required by statute on findings that such waiver is consistent with the purposes set out in the Act and that desirable relief in the public interest will be accomplished through such waiver. A request for waiver shall be in writing to the Secretary of Housing, Rhode Island Executive Office of Housing and shall contain a reliable showing that the waiver meets all the requirements of the Act and, except as embodied in the waiver, this Part.

History

• Adoption — effective from 2026-02-12 to current