S 2581Cities & Towns

Towns and Cities - Low and Moderate Income Housing

Tiverton can stop accepting new affordable housing building permits if 500 units are already being proposed.

Held for study

Population
Affected

Introduced Feb 13, 2026Committee Senate Housing & Municipal Government

Plain-English Summary

This bill grants the town of Tiverton the authority to enact an emergency moratorium on processing new housing applications under the state's comprehensive permit statutes. This freeze is triggered if the town has proposals for 500 or more units of low or moderate-income housing currently in the pipeline. Once enacted, the town can refuse to accept or process further applications until the state amends the laws governing these comprehensive permits. The bill explicitly states that any applications submitted during this moratorium period will not be granted "grandfathered" status.

For younger readers

This rule is for a town called Tiverton. Sometimes builders want to build a lot of new homes all at once. If builders have already asked to build 500 or more new homes using a special permit, the town can say "Stop!" and refuse to look at any new building plans for a while. They can keep saying no to new plans until the state changes the rules for how these permits work. This means no new big building projects can start during this break.

Who & Where It Applies

Impacted groups

Real Estate DevelopersLow-Income RentersTiverton ResidentsTown PlannersConstruction Companies

Impacted communities

Tiverton

Constitutional & Fiscal Check

The provision denying "grandfathered status" to applications submitted during the moratorium raises significant Due Process concerns regarding vested property rights. Furthermore, by targeting a specific municipality for exemption from general state housing laws, the bill risks violating Equal Protection principles or prohibitions against special legislation. The indefinite duration of the moratorium, contingent on future legislative action, could also be challenged as arbitrary and capricious.

Estimated cost

None

Estimated revenue

None

Bill Analysis

Both viewpoints

For Progressives

Allows the local community to pause development to ensure that existing infrastructure and public services are not overwhelmed by rapid expansion, potentially protecting the quality of life for current residents.
Provides a mechanism to reassess land use and environmental impacts, ensuring that large-scale developments do not negatively affect local ecosystems or water resources.
Encourages a pause to advocate for legislative reform, potentially leading to a more thoughtful and sustainable approach to housing development rather than rushing projects under current statutes.
Directly hinders the creation of low and moderate-income housing, exacerbating the housing crisis and limiting options for the poor and disadvantaged.
Empowers a municipality to bypass state mandates designed to ensure fair housing distribution, potentially reinforcing exclusionary zoning practices.
Denies "grandfathered" status to applications, which disrespects due process and creates barriers for developers trying to build affordable housing.

For Conservatives

Restores local sovereignty by allowing the town to reject state-imposed mandates regarding housing density and development, protecting community character.
Prevents the rapid transformation of the town by large-scale developments, thereby preserving traditional social structures and property values.
Limits the reach of government-subsidized housing programs within the municipality, aligning with principles of limiting government assistance.
Infringes upon the property rights of landowners and developers who wish to build on their own land, restricting corporate freedom and market dynamics.
Disrespects the rule of law by explicitly removing "grandfathered" status for applications, creating regulatory uncertainty for businesses.
Creates a government-imposed barrier to economic activity, preventing construction jobs and investment in the local economy.

Votes

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Full Bill Text

Changes to existing Rhode Island law · 9 additions

It is enacted by the General Assembly as follows:

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.