H 8034Cities & Towns

Towns and Cities - Low and Moderate Income Housing

This bill allows Johnston to stop accepting new affordable housing permits if the town already has 250 units proposed.

Held for study

Population
Affected

Introduced Feb 27, 2026Committee House Municipal Government & Housing

Plain-English Summary

This legislation grants the Town of Johnston the authority to enact an emergency moratorium on new "comprehensive permit" applications, which are typically used for low and moderate-income housing developments. The town can implement this pause if there are already proposals for 250 or more units in the pipeline. During this moratorium, the town will not accept or process new applications, and any applications submitted will not be granted "grandfathered" status. This freeze on development can remain in effect until the state legislature amends the specific laws governing comprehensive permit requirements.

For younger readers

This bill creates a special rule for the town of Johnston. Sometimes, builders want to construct housing that costs less money for families to rent or buy. If builders have already asked to build 250 or more of these homes in Johnston, the town can say "Stop!" and refuse to look at any new building plans for a while. This "time-out" means no new applications will be accepted until the state changes the rules for how these homes are approved. It allows the town to take a break from new construction projects.

Who & Where It Applies

Impacted groups

Housing DevelopersLow-Income RentersJohnston ResidentsTown Planning OfficialsConstruction Workers

Impacted communities

Johnston

Constitutional & Fiscal Check

Moderate risk

This bill carries constitutional risk regarding Equal Protection and Due Process. By targeting a specific municipality (Johnston) for exemption from a general state law (The Low and Moderate Income Housing Act) without a general applicability framework, it may violate prohibitions on "special legislation." Furthermore, explicitly denying "grandfathered status" to applications submitted during the moratorium could be challenged as a violation of vested property rights or a regulatory taking.

Estimated cost

None

Estimated revenue

None

Bill Analysis

Both viewpoints

For Progressives

Allows the municipality to pause rapid development to ensure that public infrastructure, such as schools and utilities, can adequately support population growth without degrading services for existing residents.
May check the power of large corporate developers who seek to overwhelm local planning boards with high-volume project proposals.
Provides a temporary halt that could allow for more thoughtful, community-integrated planning rather than rushed construction that might not serve the long-term welfare of the community.
Directly hinders the creation of low and moderate-income housing, exacerbating the housing crisis and negatively impacting the poor and disadvantaged who need affordable homes.
Sets a dangerous precedent for "NIMBYism" (Not In My Backyard), allowing individual towns to opt out of their shared social responsibility to provide housing for all income levels.
Disproportionately affects marginalized groups who often rely on comprehensive permit developments to bypass exclusionary zoning practices in suburban areas.

For Conservatives

Empowers local government with greater sovereignty, allowing the town to manage its own growth and zoning rather than submitting to state-level mandates.
Protects the property values and established character of the community by preventing the rapid unchecked expansion of high-density housing.
Pushes back against government overreach found in the state's comprehensive permit laws, which often override local town ordinances.
Interferes with the free market and property rights by preventing landowners and private developers from utilizing their land for lawful business purposes.
The removal of "grandfathered status" for submitted applications undermines the rule of law and creates instability for business investments.
Increases government regulation and bureaucracy, creating artificial barriers to economic development and construction jobs.

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. Johnston emergency moratorium.

(a) If the town of Johnston, shall at any time have an aggregate of two hundred fifty (250) or more units proposed in a comprehensive permit project or projects, the town of Johnston 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 Johnston, 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.