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State Land Use Enacted Legislation

Bill # State Year Party Topic

S1050/H6083

RI 2023 D Appeals, Deadlines, Enforcement, Other streamlining, Voting requirements

Provided by Furman

Summary

  • Eliminates State Housing Appeals Board (SHAB) as of January 1, 2024, and provides a process for appeals of local review board decisions through county superior courts.
    • The superior court shall review the case without a jury and on an expedited basis. The court shall determine whether the local review board decision was arbitrary and capricious or clearly erroneous in light of considerations regarding: the consistency of the decision with the approved affordable housing plan; the extent to which the community meets or plans to meet housing needs, including, but not limited to, the 10% goal for existing low-and moderate-income housing units as a proportion of year-round housing; environmental protection; the state’s need for low and moderate-income housing; health and safety; the need to promote better site and building design or to preserve open space; whether the reasons for denial, local zoning or land use ordinances, requirements and regulations are applied as equally as possible to both subsidized and unsubsidized housing; and if the decision being appealed is an approval with conditions, whether such conditions make the construction or operation of the housing infeasible.

Provided by lawmakers

Bill Title

AN ACT RELATING TO TOWNS AND CITIES – LOW AND MODERATE INCOME HOUSING

Related resources

Enacted Legislation Related Posts

Research and analysis from the Furman Center on this and related housing policy topics.