H7942/S2623 - NYU Furman Center

State Land Use Enacted Legislation

Bill #	State	Year	Party	Topic
H7942/S2623	RI	2022	D	Accessory dwelling units regulations, Allow ADUs where single-family homes are permitted, By-right zoning, Declare HOA rules void, Homeowner association rules, Limit local requirements on ADU occupants, Manufactured Housing, Minimum parking requirements, Streamline application

Provided by Furman

Summary

Broadens the definition of an accessory dwelling unit (ADU) so that a dwelling no longer needs to be rented or occupied by a family member of the occupant of the principal residence or else meet certain physical requirements to qualify as an ADU.

Requires consistent statewide treatment of ADUs. If a municipality chooses to permit ADUs, it shall not restrict tenants based on familial relationship or age, charge unique or unreasonable application fees for the creation of an ADU, require certain infrastructure improvements, discriminate against populations protected by state and federal fair housing laws, impose unreasonable dimensional requirements, or require more than one parking space beyond what is already required for the primary use, among other requirements.

Enables municipalities to allow ADUs in primary or accessory structures that are lawfully established pre-existing non-conforming through a special use permit and not require a variance, where applicable.

Voids private restrictions on ADUs imposed by condominium associations, homeowner associations, or similar residential property governing bodies which conflict with the provisions of this section.

Clarifies that the development of ADUs shall not be restricted by any locally adopted policy that limits or places a moratorium on the development of residential units in land zoned for residential use.

Provides that a) applications for ADUs that are not part of a larger development proposal shall be reviewed through administrative officer or development plan review process, rather than being reviewed as minor or major land developments or as special use permits; b) ADUs shall be a permitted use in any residential district with a minimum lot size of twenty thousand square feet (20,000 sq. ft.) or more, and where the proposed ADU is located within the existing footprint of the primary structure or existing secondary attached or detached structure and does not expand the footprint of the structure; c) municipalities may utilize a unified development review process for any application that includes ADUs, regardless of whether a city or town has opted into the current unified development review statute; and d) as part of the approval process, municipalities may exempt ADUs from all or part of utility assessment and/or tie in fees.

States that ADUs may be counted toward meeting a municipality’s affordable housing goals if the occupant meets certain conditions.

Requires each municipality to annually provide the division of statewide planning with information about ordinances related to ADUs, ADU permits issued, and certificates of occupancy issued to ADUs.

Provided by lawmakers