S 2914Cities & Towns

Towns and Cities - Low and Moderate Income Housing

Smithfield can pause new affordable housing applications if 250 units are already proposed, until state laws are amended.

Introduced

Population
Affected

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Introduced Mar 4, 2026Committee Senate Housing & Municipal Government

Plain-English Summary

This legislation grants the town of Smithfield the authority to enact an emergency moratorium on new "comprehensive permit projects," which are typically developments for low and moderate-income housing. 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 any new applications, and no applications submitted during this time will receive legal protections. The moratorium can remain in effect until the state legislature amends the specific laws regarding comprehensive permit requirements.

For younger readers

This law is for a town called Smithfield. Sometimes builders want to build large groups of homes or apartments. If there are already plans for 250 new homes waiting to be approved, the town can say "Stop!" This is called a "moratorium," which is like a timeout. While this timeout is happening, the town will not look at any new requests to build these types of homes. The town can keep this timeout going until the state changes the rules for how these building permits work.

Who & Where It Applies

Impacted groups

Real estate developersLow and moderate-income home buyers/rentersSmithfield town planners and officialsSmithfield residentsConstruction trade workers

Impacted communities

Smithfield

Constitutional & Fiscal Check

The bill ties the duration of the moratorium to a future legislative amendment, creating an indefinite timeline. This could be challenged as a "regulatory taking" under the Fifth Amendment if it deprives property owners of the economic use of their land for an unreasonable or indefinite period. Furthermore, while temporary moratoriums are generally upheld, an open-ended pause based on external political actions may violate Due Process by lacking a clear, predictable end date.

Estimated cost

None

Estimated revenue

None

Bill Analysis

Both viewpoints

For Progressives

Allows the local government to pause rapid development, potentially preventing the overwhelming of local infrastructure and public services like schools and water systems.
Provides a temporary halt to ensure that future development is sustainable and integrated thoughtfully into the community rather than being driven solely by developer profit.
Creates an opportunity to wait for state-level legislative improvements to housing laws, which might result in better environmental or affordability standards in the long run.
Directly hinders the creation of low and moderate-income housing, exacerbating the housing crisis and limiting options for working-class families and disadvantaged groups.
Can be viewed as an exclusionary zoning tactic designed to keep lower-income individuals out of the community, reinforcing economic segregation.
Sets a dangerous precedent for other municipalities to bypass state affordable housing goals, undermining systemic reform efforts to solve homelessness and housing insecurity.

For Conservatives

Strengthens local sovereignty and home rule by allowing the town to manage its own growth rate rather than submitting to state-imposed mandates.
Protects the existing character of the community and potentially stabilizes property values by preventing rapid, high-density urbanization.
Prevents the overburdening of taxpayer-funded resources, such as emergency services and schools, which often struggle to keep up with sudden population spikes.
Interferes with the free market and property rights by preventing landowners and developers from utilizing their property for economic gain.
Grants the government broad "emergency" powers to halt business activities, which creates uncertainty for investors and business owners.
Disrupts the supply and demand of the housing market through government intervention, potentially distorting prices and limiting consumer choice.

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. Smithfield emergency moratorium.

(a) If the town of Smithfield, 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 Smithfield 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 Smithfield, 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.