Town officials in Tiverton and Little Compton are taking a second look at and amending their zoning and building regulations to make sure they comply with broad new affordable housing laws that take effect across the state in just under two months.

As the effort gains momentum, affordable housing advocates are paying close attention to determine what, if any, positive impact the new regulations will make in the lives of Rhode Islanders who struggle because of the current housing crisis. Towns, too, are working to understand the new package of 13 bills, which appear to favor developers in towns that have less than the state-required affordable housing stock percentages.

“Rhode Island has the lowest rate of new construction per capita and the fewest building permits per capita in the whole country,” said Rep. June Speakman, of Bristol and Warren. “This package of bills is designed to encourage production based on the assumption that increasing production will increase supply and take some pressure off the hot market.”

Rep. Speakman has led the state’s Commission on Housing Affordability and was the sponsor of a number of bills intended to increase access and affordability of housing. She also sits on the advisory board of HousingWorks RI, an organization that lists its number one goal as the advancement of housing affordability as a public policy priority.  In Little Compton and Tiverton, there are

The legislation tackles the housing issue from multiple angles. Rep. John G. Edwards IV (D. District 70-Tiverton) said while the new laws do not take away local control of the permitting process, they do streamline the process, so developers will have a better sense of what to expect — regardless of the town they are working in.

“We have 39 cities and towns and probably have 39 different regulations. The new legislation will mean if I go to pull a building permit for a single-family house or 50 apartments in Tiverton, I’ll go through the same process in Woonsocket or Providence or Westerly.” 

Another part of the package addresses adaptive re-use, which is becoming more and more common as land becomes scarcer, and more expensive. Edwards said this new legislation loosens zoning regulations to make it easier to convert existing commercial buildings, such as schools, churches, or old factories, into housing developments.

The laws would also eliminate the State Housing Appeals Board. Currently, if a municipality rejects a developer’s application, the appeals process requires the individual to deal with this agency before going to the state court. The new legislation eliminates this step, meaning the individual can go directly to the court with the appeal.

Another bill sponsored by Speakman relates to Accessory Dwelling Units (ADUs) did not make it into the final package, but she expects it to be enacted at a later date. If and when the bill passes, it will allow property owners to build an accessory unit by right, meaning they do not have to seek a variance. Speakman said the bill, had it passed, would have allowed an ADU inside a home, in the basement, above or in the garage, or in the backyard — as long as the structure measured 900 square feet or less.

“It does make it easier for people to build these units,” Speakman said. “You would not have to get permission from the town as long as you are following all the environmental and safety health codes, and it can be done even though the property is zoned single family.”

The bill remains Speakman’s number one priority, she said, and she expects it will be one of the first pieces of legislation to be taken up by legislators in January.

Challenge of perceptions

Tiverton Town Council vice president Mike Burk has been a long-time advocate of affordable housing in part because of his background in social work and his day-to-day work at the Dept. of Children, Youth and Families. He also serves on Continuum of Care, a group that works to meet the needs of homeless families and improving access to affordable housing.

Noting that in 2020, the average annual income needed to rent a two-bedroom apartment in Tiverton was $70,320, and the median income in town at that time was $75,295, Burk said, “That means half the people could afford it, and half the people couldn’t.”

Some community members are opposed to the concept of affordable housing, he said, as they fear it will bring “riff-raff” to town.

“When you look at that $70,000 number, if you don’t have affordable housing, where are your entry level public servants coming in? The same goes for servers in restaurants, cooks, or the people in grocery stores or retail shops. You want them to be there when you buy groceries or go out for a nice meal, but many of them can’t afford to live here…Low-income people have as much right to safe, affordable housing as anybody else.”

Commenting on the new legislation and the current housing crisis, Burk acknowledged that the measures will eventually help increase housing stock, but “it’s going to take time.”