H 7125Housing

Towns and Cities - Low and Moderate Income Housing

Developers in Tiverton must build 50% affordable units if the town is below the state's 10% housing goal.

Held for study

Population
Affected

Introduced Jan 15, 2026Committee House Municipal Government & Housing

Plain-English Summary

This legislation creates a specific mandate for the town of Tiverton regarding housing development. It establishes that if the town's total housing stock contains less than ten percent affordable housing, any new development projects must include a minimum of fifty percent affordable units. This requirement applies to any developer with an approved plan or permit. The fifty percent mandate remains in effect until Tiverton achieves full compliance with the state's ten percent affordable housing threshold.

For younger readers

There is a town called Tiverton. The state wants towns to have enough homes that cost less money so more people can afford to live there. Right now, Tiverton might not have enough of these affordable homes. This new rule says that when builders want to build new neighborhoods or apartments in Tiverton, half of the new homes they build must be affordable ones. This rule stays in place until Tiverton has enough affordable homes for everyone who needs them.

Who & Where It Applies

Impacted groups

Real estate developersLow-income home seekersTiverton town officialsConstruction companiesTiverton residents

Impacted communities

Tiverton

Constitutional & Fiscal Check

Moderate risk

There is a moderate risk regarding the Takings Clause of the Fifth Amendment. While inclusionary zoning is generally legal, a 50% set-aside requirement is exceptionally high compared to national norms. If this mandate renders a property economically unviable to develop, it could be challenged as a regulatory taking (depriving the owner of all economically beneficial use) or an unconstitutional exaction that lacks rough proportionality to the impact of the development.

Estimated cost

None

Estimated revenue

None

Bill Analysis

Both viewpoints

For Progressives

Drastically accelerates the creation of affordable housing in Tiverton, ensuring low-income individuals have access to shelter in communities that may currently be exclusionary.
Promotes economic diversity within the town by mandating that half of all new development be accessible to working-class families and individuals.
Holds developers accountable for community needs rather than just profit, prioritizing the social welfare of residents over luxury housing expansion.
The fifty percent mandate is so high that it might make development financially impossible, causing developers to stop building entirely and resulting in zero new affordable units.
Targets only one specific town rather than addressing the systemic statewide housing crisis, potentially creating an inconsistent patchwork of housing rights.
Does not provide public funding or subsidies to support the mandate, relying entirely on the private market which may fail to deliver the necessary infrastructure.

For Conservatives

Enforces strict adherence to existing state laws regarding housing quotas, ensuring that municipalities are not ignoring established legal standards.
May effectively halt rapid urbanization and over-development in the town, as the strict requirements could discourage large-scale construction projects.
Ensures that if development does occur, the burden of infrastructure expansion is tied to addressing specific statutory deficiencies rather than unchecked growth.
Imposes a drastic government mandate on private property owners and developers, stripping them of the freedom to decide how to use their land and capital.
Disrupts the free market by forcing businesses to sell or rent half their product at below-market rates, likely driving investment away from the town.
Represents government overreach into local affairs, dictating specific business models to private entities in an attempt to engineer social outcomes.

Votes

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Full Bill Text

Changes to existing Rhode Island law · 7 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 affordable housing units. In the town of Tiverton, at any time that there exists less than ten percent (10%) affordable housing in accordance with the provisions of § 45-53-3.1, the minimum number of affordable housing units to be built by any developer in the town pursuant to any approved plan, permit or project shall comprise of at least fifty percent (50%), of the units or dwellings constituting or consisting of affordable housing units until there exists full compliance with affordable housing requirements of chapter 53 of title 45.

SECTION 2. This act shall take effect upon passage.