Skip to main content
H 7779Land Use

Towns and Cities - Zoning Ordinances

This bill mandates towns allow Accessory Dwelling Units (ADUs) by right, voids HOA bans, and prohibits short-term rentals.

Held for study
Population
Affected
42
Email Legislator
Introduced Feb 12, 2026Committee House Municipal Government & Housing

Plain-English Summary

This legislation amends zoning laws to make it easier for homeowners to build Accessory Dwelling Units (ADUs), commonly known as in-law apartments. It requires municipalities to allow one ADU per lot under specific conditions, such as on larger lots or within existing structures, without requiring special permissions. It prevents towns from imposing excessive fees, strict family-relationship requirements for tenants, or unreasonable infrastructure upgrades. Additionally, the bill voids Homeowner Association (HOA) bans on ADUs. However, it explicitly prohibits using these units for short-term rentals (like Airbnb). The law takes effect on July 1, 2026.

For younger readers

This new law helps people build small extra houses on their property, often called "granny flats." Before, many towns made it very hard or expensive to build these. Now, the state says towns must let people build one if they have enough space or put it inside their current house. It also stops neighborhood clubs from banning them. However, people are not allowed to use these new little houses for vacation rentals to tourists; they must be homes for people to live in. This law starts in the summer of 2026.

Who & Where It Applies

Impacted groups
HomeownersRentersMunicipal Planning DepartmentsHomeowner AssociationsConstruction Contractors
Impacted communities
All

Constitutional & Fiscal Check

Low risk

Low Risk. The provision voiding private Homeowner Association (HOA) covenants could potentially be challenged under the Contract Clause of the Constitution. However, courts generally defer to the legislature's ability to override private contracts when there is a significant public purpose, such as addressing a housing shortage. The ban on short-term rentals is generally considered a valid exercise of the state's police power regarding zoning.

Estimated cost
None
Estimated revenue
Amount unknown

Bill Analysis

Both viewpoints
For Progressives
  • Increases the supply of housing density and rental stock without requiring new land development, potentially lowering housing costs through increased market availability.
  • Explicitly prohibits the use of these new units for short-term tourist rentals, ensuring that the new housing stock serves actual residents rather than investors or tourists.
  • Prevents municipalities from discriminating against tenants based on familial relationships, allowing ADUs to house anyone in need of shelter, not just the homeowner's relatives.
  • The delayed effective date of July 1, 2026, postpones necessary housing relief during an immediate and urgent housing crisis.
  • Allows municipalities to eventually reimpose restrictions in 2026, such as requiring owner-occupancy or mandating affordability only for non-family members, which could limit the long-term rental utility of the units.
  • Does not mandate that the new units be reserved for low-income earners specifically, meaning they may still be rented at market rates that are unaffordable for the poorest residents.
For Conservatives
  • Strengthens private property rights by allowing homeowners to utilize their land to build additional structures "by right" without excessive government interference or discretionary denial.
  • Reduces bureaucratic red tape by limiting the fees municipalities can charge and prohibiting them from demanding unnecessary infrastructure upgrades like new sewer lines.
  • Encourages the creation of housing through the private sector and individual investment rather than through taxpayer-funded public housing projects.
  • Represents a significant state overreach into local control, stripping municipalities of their ability to determine their own zoning and density standards.
  • Voids private contracts by nullifying prohibitions on ADUs established by Condominium and Homeowner Associations, disregarding agreed-upon community rules.
  • Restricts the economic freedom of property owners by banning them from using their private property for short-term rentals or hosting platforms.

Votes

Loading votes...

Full Bill Text

Changes to existing Rhode Island law · 11 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.).

(2) The provisions of § 45-24-73(c) are enabling and not mandatory.

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