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H 7219Cities & Towns

Towns and Cities - Zoning Ordinances

This bill establishes statewide rights for homeowners to build accessory dwelling units, also known as in-law apartments, with uniform regulations.

Held for study
Population
Affected
72
Email Legislator
Introduced Jan 21, 2026Committee House Municipal Government & Housing

Plain-English Summary

This legislation amends statewide zoning laws to allow homeowners to build one Accessory Dwelling Unit (ADU) on their property by right under specific conditions, such as on lots larger than 20,000 square feet or within an existing structure. It establishes uniform standards that prevent municipalities from imposing strict requirements regarding tenant relationships, excessive parking, or additional infrastructure. It also voids private restrictions, such as those from homeowner associations, that ban ADUs. The bill prohibits using these units for short-term tourist rentals and allows municipalities to enact specific owner-occupancy or affordability requirements starting in July 2026.

For younger readers

This law creates new rules for "accessory dwelling units," which are small extra homes built on the same land as a bigger house. People often call these "in-law apartments." The law says that towns must let homeowners build these small homes if they have enough space or put them inside a garage or basement. It stops towns from making unfair rules that make it too hard to build them. It also says these small homes are for people to live in for a long time, not for short vacation rentals.

Who & Where It Applies

Impacted groups
HomeownersRentersMunicipal Zoning BoardsHomeowner AssociationsResidential Developers
Impacted communities
All

Constitutional & Fiscal Check

The provision voiding private restrictions imposed by condominium and homeowner associations (Section 45-24-73(b)(6)) could face challenges under the Contract Clause of the Constitution, which limits states from impairing the obligation of contracts. However, courts often uphold such interference if it serves a significant public purpose, such as addressing a housing crisis. The risk is moderate.

Estimated cost
None
Estimated revenue
None

Bill Analysis

Both viewpoints
For Progressives
  • Increases the supply of housing stock by standardizing regulations for accessory dwelling units, which creates more opportunities for affordable living arrangements for low-income individuals and families.
  • Explicitly prohibits discrimination against populations protected under fair housing laws and prevents municipalities from restricting tenants based on familial status, ensuring broader access to housing.
  • Bans the use of accessory dwelling units for short-term tourist rentals, ensuring that new housing units serve the community as long-term homes rather than corporate investment vehicles.
  • Does not immediately mandate that the new units be rented at affordable rates, potentially allowing landlords to charge market rates that remain out of reach for the poorest residents until 2026.
  • Allows municipalities to implement owner-occupancy requirements starting in 2026, which could restrict the rental market and limit housing options if landlords are unable or unwilling to live on the premises.
  • Permits municipalities to cap unit sizes at 1,000 square feet starting in 2026 without variance options, which may not be sufficient space for larger low-income families.
For Conservatives
  • Strengthens property rights by allowing landowners to build additional units on their own property "by right," reducing the ability of local governments to interfere with private land use.
  • Prohibits municipalities from charging excessive application or permitting fees that exceed those for single-family dwellings, lowering the financial burden on property owners.
  • Prevents local governments from demanding unnecessary and costly infrastructure improvements, such as expanded septic capacity or separate water lines, unless strictly required by state agencies.
  • Overrides local control and zoning authority, forcing a "one-size-fits-all" mandate on towns and cities rather than allowing communities to determine their own density and development standards.
  • Voids private contracts and covenants established by homeowner associations and condominium associations, undermining the legal validity of private agreements and community governance.
  • Enables municipalities, effective July 2026, to mandate that units be rented at "affordable rates," effectively introducing government price controls into the private housing rental market.

Votes

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Full Bill Text

Changes to existing Rhode Island law · 12 additions

It is enacted by the General Assembly as follows:

SECTION 1. Section 45-24-73 of the General Laws in Chapter 45-24 entitled "Zoning Ordinances" is hereby amended to read as follows: 45-24-73. Design standards required for accessory dwelling units — Consistent statewide treatment of accessory dwelling units required.

(a) Pursuant to § 45-24-37, one accessory dwelling unit (ADU) per lot shall be allowed by right under the following circumstances:

(1) On an owner-occupied property as a reasonable accommodation for family members with disabilities; or

(2) On a lot with a total lot area of twenty thousand square feet (20,000 sq. ft.) or more for which the primary use is residential; or

(3) Where the proposed ADU is located within the existing footprint of the primary structure or existing accessory attached or detached structure and does not expand the footprint of the structure.

(b) Uniform standards.

(1) A municipality may establish a maximum unit size for an ADU but such limitation must allow, subject to applicable dimensional requirements:

(i) A studio or one bedroom ADU of at least nine hundred square feet (900 sq. ft), or sixty percent (60%) of the floor area of the principal dwelling, whichever is less; and

(ii) A two-bedroom (2) ADU of at least twelve hundred square feet (1,200 sq. ft.), or sixty percent (60%) of the floor area of the principal dwelling, whichever is less.

(2) For all ADU applications, a municipality shall not:

(i) Restrict tenants based on familial relationships or age unless such restriction is necessary to comply with the terms of the federal subsidy related to affordability;

(ii) Charge application or permitting fees for the creation of an ADU that exceed those that would be charged for a new single-family dwelling;

(iii) Require infrastructure improvements in connection with the ADU, including, but not limited to, separate water or sewer service lines or expanded septic system capacity unless such improvements and/or modifications are required by an applicable state agency for compliance under state law or regulation, or to comply with building code requirements, or to address capacity or upgrades necessary to accommodate the ADU;

(iv) Discriminate against populations protected under state and federal fair housing laws;

(v) Impose dimensional requirements or other development standards on ADUs that in any instance exceed the requirements for an accessory structure in the same zoning district;

(vi) Require additional lot area, lot frontage, or lot width for conforming lots or legal nonconforming lots of record solely to accommodate an ADU;

(vii) Require zoning relief for ADU applications proposed within an existing footprint of the primary or accessory structure which is a legal nonconforming structure in order to address the existing dimensional nonconformity;

(viii) Require more than one off-street parking space per bedroom of the ADU;

(ix) Limit ADUs to lots with preexisting dwellings, or otherwise prohibit ADUs as part of applications for new primary dwelling units or subdivisions;

(x) Prohibit an ADU that otherwise complies with this chapter and applicable dimensional regulations from having up to two (2) bedrooms;

(xi) Require an ADU to be exclusively occupied by a household that is low- or moderate- income or less as defined by § 42-128-8.1, unless such ADU is part of an inclusionary zoning or comprehensive permit application; or

(xii) Revoke the permitted status or otherwise require the disassembly of a legally established ADU upon transfer of title or occupancy.

(3) An application for an ADU that is not allowed by right under this section, shall not, by itself, be reviewed as a minor land development or major land development project.

(4) A municipality shall allow ADUs as part of applications for new primary dwelling units or subdivisions. For proposed ADUs that are part of a larger development proposal, a municipality shall not count such ADUs toward density of the proposal for purposes of limiting the number of dwelling units allowed in such development proposal.

(i) 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.

(5) As part of the approval process, municipalities may exempt ADUs from all or part of utility assessment and/or tie in fees.

(6) Private restrictions on ADUs imposed by condominium associations, homeowner associations, or similar residential property governing bodies, which conflict with the provisions of this section or the definition of an ADU as set forth in § 45-24-31, shall be void as against public policy. Provided, however, if ADUs are allowed by condominium association covenants, homeowner association covenants, or similar residential property governing bodies, they shall be deemed in compliance with this subsection.

(7) The development of ADUs shall not be restricted by any locally adopted ordinance or policy that places a limit or moratorium on the development of residential units in land zoned for residential use.

(8) ADUs shall not be offered or rented for tourist or transient use or through a hosting platform, as such terms are defined in § 42-63.1-2. (c)(1) Notwithstanding any provisions in subsections (a) or (b) of this section, or in §§ 45- 24-31 or 45-24-37, to the contrary, effective July 1, 2026, a municipality may, through regulation or ordinance, provide for any and all of the following with respect to ADUs:

(i) Require that primary residences with ADUs shall be owner-occupied for at least five (5) years;

(ii) Require that ADUs which are not occupied by family members and caretakers shall be rented at affordable rates; and

(iii) Limit the size of ADUs to one thousand square feet (1,000 sq. ft.), without the ability to seek a variance for a larger size unit.

(2) The provisions of this subsection are enabling and not mandatory.

SECTION 2. This act shall take effect on July 1, 2026.