H 7124Cities & Towns

Towns and Cities - Low and Moderate Income Housing

This bill allows Tiverton to pause new affordable housing applications if 500 units are already proposed in the town.

Held for study

Population
Affected

Introduced Jan 15, 2026Committee House Municipal Government & Housing

Plain-English Summary

This legislation grants the town of Tiverton the authority to enact an emergency moratorium on new applications for low and moderate-income housing projects. Specifically, if the town already has 500 or more units proposed in comprehensive permit projects, it can refuse to accept or process any further applications. The bill states that any application submitted during this freeze will not be granted grandfathered status. Tiverton is permitted to maintain this moratorium until the state amends the existing laws regarding comprehensive permit requirements.

For younger readers

The town of Tiverton has rules about building homes that cost less money to live in. Sometimes, builders want to build a lot of these homes at once. This new law says that if builders are already planning to build 500 of these homes, the town can say "Stop!" and refuse to look at any new building plans for a while. The town can keep saying no to new plans until the state government changes the main rules for how these building permits work. This gives the town a break from having too many projects starting at the same time.

Who & Where It Applies

Impacted groups

Real Estate DevelopersTiverton ResidentsLow-Income RentersMunicipal Planning OfficialsLandowners

Impacted communities

Tiverton

Constitutional & Fiscal Check

Moderate risk

This bill carries moderate constitutional risk. The moratorium's duration is indefinite, tied to a future legislative amendment that may never occur, which could be challenged as a violation of Due Process. Additionally, the explicit denial of grandfathered status for applications submitted during the moratorium could be litigated as a regulatory taking or a violation of vested rights, particularly if a developer has already expended significant resources in reliance on existing regulations before the freeze is fully implemented.

Estimated cost

None

Estimated revenue

None

Bill Analysis

Both viewpoints

For Progressives

Prevents potential over-development that could outpace the town's ability to provide necessary social services and infrastructure, ensuring existing community resources aren't overwhelmed.
Provides a pause to allow for more thoughtful community planning, preventing profit-driven developers from exploiting comprehensive permit laws without regard for long-term sustainability.
Allows the municipality time to reassess local needs to ensure that future housing developments are integrated responsibly rather than rushed through administrative loopholes.
Directly hinders the creation of low and moderate-income housing, exacerbating the housing crisis and limiting options for working-class families and disadvantaged groups.
Empowers exclusionary zoning practices (NIMBYism) that often serve to keep marginalized populations out of specific communities under the guise of "overcrowding."
Sets a negative precedent that allows individual towns to opt out of their shared responsibility to provide equitable housing solutions for the state's population.

For Conservatives

Reinforces the principle of local control, allowing the town of Tiverton to manage its own growth and zoning without excessive interference from state mandates.
Protects the character of the community and existing property values by preventing a rapid influx of high-density housing developments.
Provides a check against developers who may be using state permit laws to bypass local regulations and force unwanted large-scale projects into the town.
Interferes with the free market and property rights by restricting landowners and developers from utilizing their property for lawful construction projects.
Grants the government arbitrary power to halt economic activity and business investment based on a specific unit count threshold.
Creates regulatory uncertainty for investors and builders by removing grandfathering protections for applications submitted during the moratorium.

Votes

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Full Bill Text

Changes to existing Rhode Island law · 9 additions

SECTION 1. Chapter 45-53 of the General Laws entitled "Low and Moderate Income Housing" is hereby amended by adding thereto the following section: 45-53-17. Tiverton emergency moratorium.

(a) If the town of Tiverton, shall at any time have an aggregate of five hundred (500) or more units proposed in a comprehensive permit project or projects, the town of Tiverton may enact an emergency moratorium and not accept or process further applications. No application proposed, offered, submitted or tendered during any moratorium imposed pursuant to the provisions of this section shall have any grandfathered status.

(b) The town of Tiverton, upon adoption of any moratorium in accordance with the provisions of subsection (a) of this section, may continue to impose the moratorium until such time as comprehensive permit requirements in § 45-53-4 are amended.

SECTION 2. This act shall take effect upon passage.