S 2701Cities & Towns

Towns and Cities - Low and Moderate Income Housing

Johnston can stop accepting new affordable housing building permits if 250 units are currently under review by the town.

Introduced

Population
Affected

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Introduced Feb 27, 2026Committee Senate Housing & Municipal Government

Plain-English Summary

This legislation authorizes the town of Johnston to enact an emergency moratorium on the acceptance and processing of new "comprehensive permit" applications, which are typically used for low and moderate-income housing developments. The town may trigger this pause if there are already proposals for 250 or more units pending. This moratorium can remain in effect until the state legislature amends specific sections of the General Laws regarding housing permits. The bill explicitly states that any applications submitted during this moratorium period will not be granted grandfathered status.

For younger readers

This law is specifically for the town of Johnston. Sometimes, builders want to build a large number of new homes all at once. This law says that if builders are already planning to build 250 or more homes in the town, the town leaders 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 building these types of homes. This gives the town a break from having too many construction projects happening at the same time.

Who & Where It Applies

Impacted groups

Low-income rentersReal estate developersJohnston residentsConstruction companiesTown planners

Impacted communities

Johnston

Constitutional & Fiscal Check

There is a risk regarding Equal Protection and the prohibition of "special legislation" by targeting a specific municipality for exemption from a general state law. Additionally, the refusal to recognize grandfathered status and the indefinite duration of the moratorium (tied to future legislative acts) could invite challenges based on Due Process or claims of regulatory taking, as it restricts property utilization for an indeterminate period.

Estimated cost

None

Estimated revenue

None

Bill Analysis

Both viewpoints

For Progressives

Allows the municipality to pause rapid development to ensure that local infrastructure, schools, and public services are not overwhelmed by a sudden influx of population without adequate planning.
Prevents corporate developers from potentially exploiting state mandates to force high-density projects into a community without sufficient regard for environmental sustainability or neighborhood capacity.
Highlights the need for a review of current housing laws, potentially leading to future reforms that balance development needs with community well-being and systemic planning.
Directly hinders the construction of low and moderate-income housing, exacerbating the housing crisis and negatively impacting poor and disadvantaged individuals seeking affordable shelter.
Empowers exclusionary zoning practices (NIMBYism) that have historically been used to maintain socioeconomic segregation and prevent the integration of diverse communities.
Sets a negative precedent that could encourage other affluent or suburban towns to evade their responsibility to contribute to the statewide social safety net by blocking affordable housing.

For Conservatives

Strengthens local governance by allowing the town to manage its own growth and reject state-imposed mandates that override municipal planning decisions.
Protects existing property owners and community character by preventing an excessive concentration of high-density housing developments that could alter the town's landscape.
Provides a check against developers who utilize government regulations to bypass local zoning codes and community preferences for profit.
Interferes with the free market and property rights by restricting landowners and developers from utilizing their property for legitimate business purposes.
Expands government power by granting the municipality the authority to arbitrarily halt economic activity and construction based on a specific unit threshold.
Disrespects the rule of law by explicitly denying "grandfathered" status, potentially violating the reasonable expectations of property owners who attempt to file applications.

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.