Rhode Island Code of Regulations Title 480 - State Housing Appeals Board
Rhode Island Code of Regulations Title 480 is dedicated to the State Housing Appeals Board (SHAB). This title primarily outlines the rules and procedures for appealing local decisions related to low and moderate income housing projects in Rhode Island.
The State Housing Appeals Board was established under the Rhode Island Low and Moderate Income Housing Act (R.I. Gen. Laws § 45-53-1 et seq.). Its core function is to hear and adjudicate appeals of decisions made by local review boards (like zoning boards or planning boards) concerning comprehensive permit applications for the development of affordable housing.
Here's a breakdown of the key parts and functions covered in Title 480:
Part 1: Access to Public Records (480-RICR-00-00-1)
This part outlines the rules for public access to records held by the State Housing Appeals Board, consistent with Rhode Island's public records laws.
Part 2: Rules Implementing the Rhode Island Low and Moderate Income Housing Act (480-RICR-00-00-2)
This is the most substantial part of Title 480, detailing the specific procedures for appeals related to affordable housing. Key aspects include:
Purpose and Authority: Defines SHAB's role in promoting the development of low and moderate income housing.
Definitions: Provides definitions for terms crucial to the Act and its implementation, such as "low and moderate income housing," "local review board," "comprehensive permit," and "consistent with local needs."
Procedure for Filing an Appeal (480-RICR-00-00-2.5):
Specifies the timeframe for filing an appeal (typically within 20 days of the local review board's decision).
Lists the required documents for filing an appeal, including a statement of reasons, a copy of the comprehensive permit application, a letter of eligibility from Rhode Island Housing, a request for a single comprehensive permit to the local board, and a proposed timetable for the project.
Outlines notification procedures for the local review board and other interested parties.
Allows for intervention by persons whose property may be injured by a reversal or modification of the local decision.
Sets out fees for filing appeals, which vary for for-profit and non-profit developers, and includes provisions for fee reduction requests.
Procedure for Hearing an Appeal (480-RICR-00-00-2.6):
Details the process for conducting hearings, including submission of documents, timelines, and the Board's discretion to request additional information (e.g., transcripts, staff analysis, additional evidence, expert opinions).
Allows for the presentation of additional evidence and the appointment of a hearing officer.
Permits abutters and other interested parties to present pertinent information.
Provides for mediation between parties.
Specifies the requirements for the Board's written decision and order.
Powers of the State Housing Appeals Board (480-RICR-00-00-2.7):
Empowers SHAB to adopt, amend, and repeal rules.
Crucially, it defines the standard of review for SHAB. When reviewing a local board's decision, SHAB determines:
If a denial was consistent with an approved affordable housing plan, or if no plan exists, was reasonable and consistent with local needs.
If conditions imposed on an approval make the housing infeasible and/or are inconsistent with an approved affordable housing plan or local needs.
Outlines SHAB's ability to vacate, modify, or remove conditions, and enforce its orders.
Important Note on Recent Changes:
It is critical to be aware that recent legislation in Rhode Island (e.g., 2023-H 6083A, 2023-S 1050A) has initiated a phase-out of the State Housing Appeals Board (SHAB). As of January 1, 2024, appeals of local review board decisions related to comprehensive permits for affordable housing are intended to be transferred to the Superior Court for review. This legislation aims to streamline the appeals process and potentially reduce delays in affordable housing development.
Therefore, while Title 480 outlines SHAB's regulations, it's essential to cross-reference with current Rhode Island General Laws to understand the active jurisdiction and appeal pathways for new cases, as the Superior Court is now the primary venue for these appeals.
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