reglab/statecodes huggingface dataset:
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-24.4 - Special Development Districts › Section 45-24.4-17. - Judicial aid in enforcement of plan.

§ 45-24.4-17. Judicial aid in enforcement of plan.
(a)
The supreme court and the superior court, within their jurisdictions, upon due proceedings in the name of the city instituted by its city solicitor, have power to issue any extraordinary writs or to proceed according to the course of equity or both:
(1)
To restrain the erection, alteration, or use of any building, structure, or other thing erected, altered, or used in violation of the provisions of any plan adopted under the authority of this chapter, and to order its removal or abatement as a nuisance;
(2)
To compel compliance with the provisions of any plan adopted under the authority of this chapter;
(3)
To order the removal by the owner of any building, structure, or other thing existing in violation of any plan adopted under the provisions of this chapter, and to authorize some official of the city in default of the removal by the owner to remove it at the expense of the owner.
(b)
When, under the provisions of any judgment, order, or decree, in any proceeding, any work is done or materials furnished by an official of the town or city or by the order of the official, at the expense of the owner, in removing a building, structure, or other thing unlawfully existing, the value of the work and material may be recovered in a civil action brought in the superior court against the owner, and if any work or materials have been done or furnished by or at the cost of the town or city, the official shall cause the action to be brought in the name of the city or town.
History of Section.
P.L. 1981, ch. 332, § 1.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-24.4 - Special Development Districts › Section 45-24.4-18. - Construction of chapter.

§ 45-24.4-18. Construction of chapter.
Whenever the context permits in this chapter, the use of the plural includes the singular, the singular, the plural, and the use of any gender is deemed to include all genders.
History of Section.
P.L. 1981, ch. 332, § 1.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-24.4 - Special Development Districts › Section 45-24.4-19. - Severability.

§ 45-24.4-19. Severability.
If any one or more sections, clauses, sentences, or parts of this chapter are for any reason adjudged unconstitutional or invalid in any court, the judgment does not affect, impair, or invalidate the remaining provisions of this chapter, but are confined in its operation to the specific provisions so held unconstitutional or invalid, and the inapplicability or invalidity of any section, clause, or provision of this chapter in any one or more instances or circumstances shall not be taken to affect or prejudice in any way its applicability or validity in any other instance.
History of Section.
P.L. 1981, ch. 332, § 1.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-24.4 - Special Development Districts › Section 45-24.4-20. - Applicability of other laws.

§ 45-24.4-20. Applicability of other laws.
Any special development district commission created pursuant to this chapter will not be subject to the provisions of §§ 42-35-1 — 42-35-18. Any commission and its members will be subject to the provisions of §§ 36-14-1 — 36-14-19 and §§ 42-46-1 — 42-46-10.
History of Section.
P.L. 1981, ch. 332, § 1.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-24.4 - Special Development Districts › Section 45-24.4-21. - Real property transactions.

§ 45-24.4-21. Real property transactions.
Notwithstanding any provision or provisions of the charter of any city or town to the contrary, any city or town may sell or otherwise dispose of, or lease, to any person, including, but not limited, to the state or any instrumentality of the state, for consideration (including, but not limited to, interests in other real property) and upon any other terms and conditions that may be approved by the city or town council, any interest in real property owned by the city or town land located within or adjacent to any special development district created pursuant to this chapter without complying with any provision or provisions otherwise requiring that the proposed sale, lease, or other disposition of the interest be advertised or otherwise publicized, or that the disposition be made only to the highest bidder or only for a specified minimum consideration; provided, that the city or town council has determined that the sale, lease, or other disposition is consistent with and is desirable as being in furtherance of any plan of development adopted for the special development district pursuant to this chapter. Any sale, lease, or other disposition of any interest in real property located within or adjacent to any special development district created pursuant to this chapter shall not, if made pursuant to an agreement to which the state or any instrumentality of the state is a party, is subject to the tax as may otherwise be imposed by chapter 25 of title 44.
History of Section.
P.L. 1986, ch. 42, § 1.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-24.5 - Waste Water Management Districts › Section 45-24.5-1. - Short title.

§ 45-24.5-1. Short title.
This chapter shall be known and may be cited as the “Rhode Island Septic System Maintenance Act of 1987”.
History of Section.
P.L. 1987, ch. 335, § 1.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-24.5 - Waste Water Management Districts › Section 45-24.5-2. - Legislative findings.

§ 45-24.5-2. Legislative findings.
The general assembly recognizes and declares that:
Septic systems or individual subsurface disposal systems (ISDS) are prone to failure without proper maintenance. ISDS failure poses a risk to public health through the contamination of the state’s surface and underground waters. Improperly treated waste water from malfunctioning ISDS can impair or prevent the use of the state’s waters for drinking and domestic purposes, as well as swimming, wildlife habitat, boating, fishing, and other water-based recreation. In many suburban and rural areas of the state, the use of ISDS is the only practical or available means to treat waste water. Most community and individual drinking water supplies and some of the state’s prime recreational waters are located in areas that rely on ISDS. Recreational and drinking supply waters are the least tolerant of waste water contamination and, therefore, require rigorous protection. ISDS will continue, for the near term, to be the primary means of waste water treatment in many areas of the state where public and private water supplies and recreational waters exist. Therefore, to help avoid both contamination of state waters and the associated risks to the public health, and to help preserve the natural ecosystems, waste water disposal systems must be properly maintained to prevent their malfunction and/or failure.
History of Section.
P.L. 1987, ch. 335, § 1.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-24.5 - Waste Water Management Districts › Section 45-24.5-3. - Declaration of purpose.

§ 45-24.5-3. Declaration of purpose.
The purpose of this chapter is to authorize the cities and towns of the state to adopt ordinances creating waste water management districts (WWMD), the boundaries of which may include all or a part of a city or town, as specified by the ordinance. These ordinances must be designated to eliminate and prevent the contamination of state waters, caused by malfunctioning individual subsurface disposal systems (ISDS), through the implementation of ISDS inspection and maintenance programs. The waste water management district ordinance programs shall be designed to operate as both an alternative to municipal sewer systems and as a method to protect surface and ground waters from contamination.
History of Section.
P.L. 1987, ch. 335, § 1.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-24.5 - Waste Water Management Districts › Section 45-24.5-4. - Powers of councils.

§ 45-24.5-4. Powers of councils.
Any city or town council in the state, by itself or pursuant to chapter 43 of this title, and in accordance with the purposes of this chapter, is authorized to adopt ordinances creating waste water management districts (WWMD), which may be empowered, pursuant to the ordinance, to:
(1)
Provide for the passage of district officials onto private property when necessary for the periodic inspection of septic systems.
(2)
Order the maintenance and/or pumping of ISDS systems in accordance with an appropriate schedule.
(3)
Raise funds for the administration, operations, contractual obligations, and services of the waste water management district by:
(i)
Assessing property owners for taxes or annual fees;
(ii)
Borrowing, and for that purpose, by issuing bonds or notes of the city or town; and
(iii)
Setting rates for pumping.
(4)
Hire the personnel necessary to carry out the functions of the district.
(5)
Establish a public education program, which would precede the implementation of a WWMD, to make property owners aware of the proper maintenance and care of ISDS systems and the need for periodic pumping. After a WWMD has been created, an education program could remain in place to educate new residents and update members of the district on new information or procedures.
(6)
Receive grants and establish a revolving fund to make available grants and low interest loans to individual property owners for the improvement, correction, or replacement of failed septic systems.
(7)
Authorize and contract with independent septage haulers.
(8)
Contract with other cities or towns for septage disposal through sewage treatment plants.
(9)
Levy fines for noncompliance. These fines must be no greater than five hundred dollars ($500) per violation. The fines go into a dedicated fund for the purpose of operating the waste water management district. Each day of a continuing violation constitutes a separate and distinct violation.
(10)
Provide for an appeal process from the decision of the WWMD under the provisions of the Rhode Island Administrative Procedures Act, chapter 35 of title 42. An aggrieved party has the right to appeal to the district court.
History of Section.
P.L. 1987, ch. 335, § 1.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-24.5 - Waste Water Management Districts › Section 45-24.5-5. - Powers of state agencies retained.

§ 45-24.5-5. Powers of state agencies retained.
The department of environmental management and the department of health retain all of their existing authority regarding individual sewage disposal systems.
History of Section.
P.L. 1987, ch. 335, § 1.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-24.5 - Waste Water Management Districts › Section 45-24.5-6. - Connections to existing sanitary sewer lines from facilities across city and town lines.

§ 45-24.5-6. Connections to existing sanitary sewer lines from facilities across city and town lines.
Notwithstanding any other state or local law or regulation to the contrary, those facilities in the state of Rhode Island, except for communities on Aquidneck Island, that currently discharge wastewater from an on-site wastewater treatment and disposal system that do not have reasonable access to an available sewer within the city or town where the property is located, are hereby authorized to construct, use, operate, maintain, and repair a sanitary sewer line (and any necessary pump or lift station equipment) connecting to a neighboring city or town sanitary sewer line in lieu of continuing to utilize their existing on-site wastewater treatment and disposal, upon the following conditions:
(1)
The construction, use, operation, maintenance, and repair of such sanitary sewer line shall be subject to the issuance of all required state approvals, permits, and licenses; and local approvals, permits, and licenses to the extent such local approvals, permits and licenses are not inconsistent with the foregoing authorization;
(2)
The neighboring city or town sanitary line is in closer proximity to the property than the city or town sanitary line wherein the property is located;
(3)
The cost to connect to the in-city or in-town sanitary sewer line is significantly greater than connection to the neighboring city or town sanitary sewer line closest to the subject property;
(4)
The neighboring city or town sanitary sewer line has capacity, as determined by the host sewer authority to accept the additional flow; and
(5)
Not allowing the connection would result in a potential or continuing environmental detriment.
History of Section.
P.L. 2015, ch. 212, § 1; P.L. 2015, ch. 229, § 1.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-24.6 - Special Economic Development Districts › Section 45-24.6-1. - Declaration of purpose.

§ 45-24.6-1. Declaration of purpose.
(a)
According to the United States Census Bureau estimates as of 2015, Rhode Island ranks second among the fifty (50) states in terms of population density. Notwithstanding this, there exists within the various municipalities of the state, certain large tracts of developable or blighted state-owned land, which areas represent in and of themselves and are often contiguous with areas of vital economic importance to the state. In light of this, the state declares that these tracts of state-owned land, and more specifically those tracts that are twenty (20) or more contiguous acres in size, are important state assets which require the coordination of federal, state, local, or private action to efficiently make use of these lands.
(b)
It is further declared that coordination is paramount to development as time delays, redundant approvals, and local eccentricities often impede development projects.
(c)
It is further declared that there is a statewide need for coordinated attention to and supervision of the development of these areas for the purpose of education, enjoyment, and welfare of the general public, the promotion of commercial and economic development, the attraction to our state of appropriate business, industrial, and tourist trade, resources, and investment, the development of an attractive environment that fosters the social welfare and health of the public.
(d)
It is further declared that the developmental tools presently available to municipalities in the state do not contain sufficient flexibility to address the unique problems arising from the projects and to govern comprehensive and coordinated development of areas subject to these projects consistently with the previously-declared public needs and purposes. Proper development of these areas, consistent with the general welfare, may require designation of special land-use districts and special land-use controls, which may be more stringent or more flexible than existing zoning, planning, and other developmental tools, and the adoption, implementation, and administration of a plan that establishes a framework for development including detailed design and development criteria, regulations, and enforcement procedures.
(e)
It is further declared that the most efficient and effective method to further the previously declared public policy of the state to encourage the appropriate, comprehensive, and coordinated development of these properties is to permit the creation of special economic development districts in the municipalities of the state and the creation of special economic development district commissions to adopt, implement, and administer plans of development that establish and enforce design and development criteria and regulations for the development of these areas.
History of Section.
P.L. 2019, ch. 88, art. 12, § 8.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-24.6 - Special Economic Development Districts › Section 45-24.6-2. - Short title.

§ 45-24.6-2. Short title.
This chapter may be known and may be cited as the “Rhode Island Special Economic Development District Enabling Act.”
History of Section.
P.L. 2019, ch. 88, art. 12, § 8.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-24.6 - Special Economic Development Districts › Section 45-24.6-3. - Definitions.

§ 45-24.6-3. Definitions.
As used in this chapter, the following words and terms have the following meanings, unless the context indicates another or different meaning or intent:
(1)
“Certificate of approval” means the document issued by a special economic development district commission approving an application for construction, erection, alteration, demolition, or use of a structure or land within the special economic development district, and pursuant to which a building permit may be issued.
(2)
“Certificate of rejection” means the document issued by a special economic development district commission rejecting an application for construction, erection, alteration, demolition, or use of a structure or land within a special economic development district.
(3)
“Commission” means a special economic development district commission or independent public instrumentality authorized by the general assembly and empowered by this chapter.
(4)
“Contiguous acres” means tracts or parcels of land that abut or connect without excepting therefrom streams, ponds, rivers, roads, bridges, or other types of paths or rights of way.
(5)
“Development map” means a map of a special economic development district that shows the parcels into which the district may have been divided according to the plan of development.
(6)
“District” means any developable or blighted state-owned tracts or parcels of land, which at its creation, aggregation and/or acquisition by a state agency or instrumentality consists of or consisted of twenty (20) or more contiguous acres in size.
(7)
“Permit” means a building permit issued by a duly licensed building inspector.
(8)
“Person” means a natural person or any other legal entity, including, but not limited to, a corporation, firm, partnership, or trust.
(9)
“Plan of development” or “plan” means a plan, including design and development criteria and regulations, for the development of a special economic development district adopted by a special economic development district commission pursuant to this chapter.
(10)
“Regulations” means the rules regulating the construction, erection, alteration, demolition, or use of a structure or land within a special development district adopted by a special economic development commission pursuant to a plan of development.
(11)
“Special economic development district” means an area of a municipality or municipalities that has been or will be established, designated, laid out, or defined by the general assembly, including, but not limited to, independent public instrumentalities created by the general assembly.
(12)
“Structure” means a building or anything that is constructed or erected and that requires location on the ground or attachment to something located on the ground.
History of Section.
P.L. 2019, ch. 88, art. 12, § 8.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-24.6 - Special Economic Development Districts › Section 45-24.6-4. - Special economic development districts authorized.

§ 45-24.6-4. Special economic development districts authorized.
(a)
For the purposes stated in § 45-24.6-1, the general assembly may, by statute, establish, designate, lay out, and define, as special economic development districts, areas that are, may be or have been the subject of, or substantially affected by combined federal, state, local, or private action, in the same manner as municipalities are presently empowered to establish, designate, lay out, and define zoning districts, and which lands are developable or blighted state-owned tracts or parcels of land, and which, at the time of the creation of the district, consist of twenty (20) or more contiguous acres in size. Properties owned or controlled by the department of environmental management shall not be subject to the provisions of this chapter.
(b)
The boundaries of a special economic development district established, designated, laid out, and defined according to the provisions of this chapter, may be amended only by an act of the general assembly.
(c)
The powers of the district to achieve the purposes of this chapter shall be exercised by a commission as herein provided as a public corporation and instrumentality of the state, to adopt, implement, and administer a plan of development.
Each district commission shall consist of seven (7) voting members. The governor of the state of Rhode Island shall appoint, with the advice and consent of the senate, the seven (7) voting members of the commission. The commission shall have the sole authority to adopt, implement, and administer a plan of development for the special economic development district.
History of Section.
P.L. 2019, ch. 88, art. 12, § 8.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-24.6 - Special Economic Development Districts › Section 45-24.6-5. - Powers of commission.

§ 45-24.6-5. Powers of commission.
A special economic development district commission established under this chapter shall have all powers necessary and incidental to the adoption, implementation, and administration of a plan of development, and any other powers that the general assembly may grant in the creation of the commission.
History of Section.
P.L. 2019, ch. 88, art. 12, § 8.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-24.6 - Special Economic Development Districts › Section 45-24.6-6. - Adoption of special development district plan — Regulation of structures and uses — Notice.

§ 45-24.6-6. Adoption of special development district plan — Regulation of structures and uses — Notice.
(a)
A special economic development district commission shall adopt a plan of development. Any plan of development adopted by a special economic development district commission pursuant to this chapter may regulate and restrict, by means of regulations duly adopted by the commission, the erection, construction, reconstruction, alteration, repair, or use of buildings, structures, or land within the special economic development district in a uniform, consistent, and nondiscriminatory manner that is rationally related to the purposes of this chapter. The plan may include regulations relating to allowable land uses; the location and use of buildings; street systems; dimensional, height, and area coverage requirements; setbacks and build-to lines; frontage; parking requirements; landscaping; pedestrian travel; signs; design review; open spaces; and population density.
(b)
Pursuant to the plan of development, the commission may divide the special economic development district into several parcels as indicated on a development map, and may regulate structures and uses differently in different parcels, so long as regulation of similar structures and uses is uniform within any one parcel.
(c)
A plan of development may be adopted or amended only after a public hearing before the commission, at which all interested parties have an opportunity to be heard. Notice of the time, place, nature, and purpose of the public hearing shall be given to all owners of real property within the bounds of the special economic development district and within two hundred feet (200′) of the perimeter thereof, by registered or certified mail at least seven (7) days before the date of the hearing, and by publication of notice in a newspaper of general circulation within the municipality at least once each week for three (3) successive weeks prior to the date of the hearing.
(d)
The municipality shall not have concurrent jurisdiction over the special economic development district.
History of Section.
P.L. 2019, ch. 88, art. 12, § 8.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-24.6 - Special Economic Development Districts › Section 45-24.6-7. - Permit required to erect, construct, alter, repair, or demolish structure — Commission quorum and voting.

§ 45-24.6-7. Permit required to erect, construct, alter, repair, or demolish structure — Commission quorum and voting.
(a)
Before any structure may be erected, constructed, altered, repaired, or demolished within a special economic development district, the person proposing the construction or other alteration shall file with the commission an application for permission to erect, construct, alter, repair, or demolish the structure, together with plans and specifications, all that may be required by regulations adopted by the commission. It is the duty of the commission to review the application, plans, and specifications, and no building permit shall be granted until the commission has acted on it. No construction or other alteration of a structure may be undertaken within a special development district without a permit. The commission may, by regulation, coordinate permit approvals with state building officials and fire marshals, city or town officials, or duly qualified independent staff or consultants.
(b)
Nothing in this chapter prevents, or is to be construed to prevent, ordinary maintenance or repair of any structure within the special economic development district; nor shall anything in this chapter prevent, or be construed to prevent, the continuance of the use of any building or improvement for any purpose to which the building or improvement was lawfully devoted at the time of the adoption of a plan of development, or to prevent or be construed to prevent the erection, construction, alteration, repair, or demolition of any structure under a permit issued by the inspector of buildings prior to the adoption of a plan of development pursuant to this chapter.
(c)
At all meetings of the commission, a majority of the commissioners is necessary and sufficient to constitute a quorum for the transaction of business, and the act of a majority of the commissioners present at any meeting at which there is a quorum is the act of the commission, except as otherwise provided by law.
History of Section.
P.L. 2019, ch. 88, art. 12, § 8.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-24.6 - Special Economic Development Districts › Section 45-24.6-8. - Variances, deviations, and special exceptions.

§ 45-24.6-8. Variances, deviations, and special exceptions.
(a)
Any commission that adopts or has adopted a plan conforming to this chapter has the authority to grant variances, deviations, and special exceptions of any regulations adopted pursuant to that plan, upon the application of an aggrieved property owner:
(1)
Special exceptions to the terms of the regulations may be granted in those cases specified in the regulations, and subject to those conditions and safeguards specified therein, where the use granted by special exception is reasonably necessary for the convenience or welfare of the public and does not substantially or permanently injure the value of neighboring property.
(2)
Variances may be granted where, owing to special conditions, enforcement of the regulations would result in unnecessary hardship, where the variance will not be contrary to the public interest, and the spirit of the plan will be observed and substantial justice done.
(3)
Deviations may be granted where the enforcement of the regulations relating to setbacks, build-to lines, and other area and dimensional restrictions would preclude the full enjoyment by the owner of a permitted use and amount to more than a mere inconvenience.
(b)
The commission shall hold a hearing on the application within a reasonable time, and give public notice and due notice of the hearing to the parties in interest and property owners within two hundred feet (200′) of the affected property. At any hearing any party may appear in person or by agent or attorney.
(c)
Nothing in this chapter shall be construed to restrict, amend, repeal, or otherwise supersede the jurisdiction of the commission regarding any area designated a special development district pursuant to this chapter.
History of Section.
P.L. 2019, ch. 88, art. 12, § 8.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-24.6 - Special Economic Development Districts › Section 45-24.6-10. - Construction of chapter.

§ 45-24.6-10. Construction of chapter.
Whenever the context permits in this chapter, the use of the plural includes the singular, the singular, the plural, and the use of any gender is deemed to include all genders.
History of Section.
P.L. 2019, ch. 88, art. 12, § 8.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-24.6 - Special Economic Development Districts › Section 45-24.6-11. - Severability.

§ 45-24.6-11. Severability.
If any one or more sections, clauses, sentences, or parts of this chapter are for any reason adjudged unconstitutional or invalid in any court, the judgment does not affect, impair, or invalidate the remaining provisions of this chapter, but are confined in its operation to the specific provisions so held unconstitutional or invalid, and the inapplicability or invalidity of any section, clause, or provision of this chapter in any one or more instances or circumstances shall not be taken to affect or prejudice in any way its applicability or validity in any other instance.
History of Section.
P.L. 2019, ch. 88, art. 12, § 8.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-24.6 - Special Economic Development Districts › Section 45-24.6-12. - Applicability of other laws.

§ 45-24.6-12. Applicability of other laws.
(a)
Any special economic development district commission created pursuant to this chapter will not be subject to the provisions of §§ 42-35-1 through 42-35-18. Any commission and its members will be subject to the provisions of §§ 36-14-1 through 36-14-21, §§ 38-2-1 through 38-2-16, and §§ 42-46-1 through 42-46-14.
(b)
In the event of a conflict between the provisions of this chapter and any other provisions of the general laws governing the powers of any other district commission created by or pursuant to the general laws, including, but not limited to, the I-195 redevelopment district established pursuant to chapter 64.14 of title 42, the provisions of this chapter shall prevail. The provisions of this chapter shall also prevail over any district commissions established by legislation promulgated after July 5, 2019, unless specifically exempted by that legislation.
History of Section.
P.L. 2019, ch. 88, art. 12, § 8.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-25 - City Housing Authorities › Section 45-25-1. - Short title.

§ 45-25-1. Short title.
Chapters 25 — 27 of this title may be referred to as the “Housing Authorities Law”.
History of Section.
P.L. 1935, ch. 2255, § 1; G.L. 1938, ch. 344, § 1; G.L. 1956, § 45-25-1.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-25 - City Housing Authorities › Section 45-25-2. - Declaration of necessity.

§ 45-25-2. Declaration of necessity.
It is declared that:
(1)
Unsanitary or unsafe dwelling accommodations exist in various cities of the state, and that these unsafe or unsanitary conditions arise from overcrowding and concentration of population, the obsolete and poor condition of the buildings, improper planning, excessive land coverage, lack of proper light, air and space, unsanitary design and arrangement, lack of proper sanitary facilities, and the existence of conditions which endanger life or property by fire and other causes; that in all these cities many persons of low income are forced to reside in unsanitary or unsafe dwelling accommodations;
(2)
In various cities there is a lack of safe or sanitary dwelling accommodations available to all the inhabitants, and that consequently many persons of low income are forced to occupy overcrowded and congested dwelling accommodations;
(3)
These conditions cause an increase in and spread of disease and crime and constitute a menace to the health, safety, morals, and welfare of the citizens of the state and impair economic values; that these conditions cannot be remedied by the ordinary operations of private enterprises;
(4)
The clearance, replanning, and reconstruction of the areas in which unsanitary or unsafe housing conditions exist and the providing of safe and sanitary dwelling accommodations for persons of low income are public uses and purposes for which public money may be spent and private property acquired;
(5)
It is in the public interest that work on these projects be instituted as soon as possible in order to relieve unemployment which now constitutes an emergency; and
(6)
The necessity in the public interest for the provision enacted by these chapters, is declared a matter of legislative determination.
History of Section.
P.L. 1935, ch. 2255, § 2; G.L. 1938, ch. 344, § 2; G.L. 1956, § 45-25-2.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-25 - City Housing Authorities › Section 45-25-4. - Petition for establishment of authority — Notice of hearing.

§ 45-25-4. Petition for establishment of authority — Notice of hearing.
Any twenty-five (25) residents of a city may file a petition with the city clerk stating that there is a need for an authority to function in the city. Upon the filing of the petition, the city clerk shall give notice of the time, place, and purposes of a public hearing at which the council will determine the need for an authority in the city. The notice shall be given at the city’s expense by publishing a notice, at least ten (10) days preceding the day on which the hearing is to be held, in a newspaper having a general circulation in the city or, if there is no newspaper, by posting a notice in at least three (3) public places within the city, at least ten (10) days preceding the day on which the hearing is to be held.
History of Section.
P.L. 1935, ch. 2255, § 4; G.L. 1938, ch. 344, § 4; G.L. 1956, § 45-25-4.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-25 - City Housing Authorities › Section 45-25-5. - Hearing on petition for establishment.

§ 45-25-5. Hearing on petition for establishment.
(a)
Upon the date fixed for the hearing held upon notice as provided in this section, an opportunity to be heard is granted to all residents and taxpayers of the city and to all other interested persons. After the hearing, the council shall determine:
(1)
Whether unsanitary or unsafe inhabited dwelling accommodations exist in the city, and/or
(2)
Whether there is a lack of safe or sanitary dwelling accommodations in the city available for all the city’s inhabitants.
(b)
In determining whether dwelling accommodations are unsafe or unsanitary, the council shall take into consideration the following: (1) the physical conditions and age of the building; the degree of overcrowding; (2) the percentage of land coverage; (3) the light and air available to the inhabitants of those dwelling accommodations; (4) the size and arrangement of the rooms; (5) the sanitary facilities; and (6) the extent to which conditions exist in those buildings which endanger life or property by fire or other causes.
History of Section.
P.L. 1935, ch. 2255, § 4; G.L. 1938, ch. 344, § 4; G.L. 1956, § 45-25-5.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-25 - City Housing Authorities › Section 45-25-6. - Denial of petition for establishment of authority.

§ 45-25-6. Denial of petition for establishment of authority.
If the council, after a hearing as provided in § 45-25-5, determines that neither of the conditions enumerated in § 45-25-5 exist, it shall adopt a resolution denying the petition. After three (3) months have expired from the date of the denial of the petitions, subsequent petitions may be filed as previously stated, and new hearings and determinations made.
History of Section.
P.L. 1935, ch. 2255, § 4; G.L. 1938, ch. 344, § 4; G.L. 1956, § 45-25-6.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-25 - City Housing Authorities › Section 45-25-7. - Establishment and incorporation of authority.

§ 45-25-7. Establishment and incorporation of authority.
(a)
If it determines that either or both of the conditions enumerated in § 45-25-5 exist, the council shall adopt a resolution so finding (which need not go into any detail other than the mere finding) and shall cause notice of the determination to be given to the mayor, who shall thereupon appoint, as provided in this section five (5) commissioners to act as an authority. The commission shall be a public body and a body corporate and politic upon the completion of the taking of the following proceedings:
(b)
The commissioners shall present to the secretary of state an application signed by them, which must state (without any detail other than the mere recital):
(1)
That a notice has been given and public hearing held as provided in § 45-25-5, that the council determined the validity of the petition after the hearing, and that the mayor has appointed them as commissioners;
(2)
The name, and official residence, of each of the commissioners, together with a certified copy of the appointment evidencing their right to office, the date and place of induction into and taking oath of office, and that they desire the housing authority to become a public body and a body corporate and politic under this chapter;
(3)
The term of office of each of the commissioners;
(4)
The name which is proposed for the corporation; and
(5)
The location of the principal office of the proposed corporation.
(c)
The application shall be subscribed and sworn to by each of the commissioners before an officer authorized by the laws of the state to take and certify oaths, who shall certify upon the application that he or she personally knows the commissioners and knows them to be the officers as asserted in the application, and that each is subscribed and sworn thereto in the officer’s presence. The secretary of state shall examine the application, and if the secretary finds that the name proposed for the corporation is not identical with that of a person or of any other corporation of this state or so nearly similar as to lead to confusion and uncertainty, the secretary shall receive and file it and record it in an appropriate book of record in the secretary’s office.
History of Section.
P.L. 1935, ch. 2255, § 4; G.L. 1938, ch. 344, § 4; G.L. 1956, § 45-25-7.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-25 - City Housing Authorities › Section 45-25-8. - Corporate powers of authority.

§ 45-25-8. Corporate powers of authority.
(a)
When the application has been made, filed, and recorded, the authority shall constitute a public body and a body corporate and politic under the name proposed in the application. The secretary of state shall make and issue to the commissioners, a certificate of incorporation pursuant to this chapter, under the seal of the state, and record the certificate of incorporation with the application.
(b)
The boundaries of the authority shall be coterminous with the territorial boundaries of the city.
History of Section.
P.L. 1935, ch. 2255, § 4; G.L. 1938, ch. 344, § 4; G.L. 1956, § 45-25-8.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-25 - City Housing Authorities › Section 45-25-9. - Certificate as evidence of incorporation.

§ 45-25-9. Certificate as evidence of incorporation.
In any suit, action, or proceeding involving the validity or enforcement of, or relating to any contract of the authority, the authority shall be conclusively deemed to have been established in accordance with the provisions of this chapter upon proof of the issuance of the certificate by the secretary of state. A copy of the certificate, duly certified by the secretary of state, is admissible in evidence in the suit, action or proceeding, and is conclusive proof of the filing and contents.
History of Section.
P.L. 1935, ch. 2255, § 4; G.L. 1938, ch. 344, § 4; G.L. 1956, § 45-25-9.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-25 - City Housing Authorities › Section 45-25-10.1. - Present appointments unaffected.

§ 45-25-10.1. Present appointments unaffected.
Nothing contained in § 45-25-10 shall in any way alter any other part or provision of this title, chapter, or section, or any appointments heretofore or hereafter made thereunder, all of which remain in full force and effect.
History of Section.
P.L. 1972, ch. 218, § 2.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-25 - City Housing Authorities › Section 45-25-10.2. - City of Newport housing authority.

§ 45-25-10.2. City of Newport housing authority.
Notwithstanding the provisions of § 45-25-10, commencing September 1, 1994 the housing authority of the city of Newport is expanded in size from five (5) members to seven (7) members. The two (2) additional members shall be residents of public housing facilities in the city of Newport. Each shall be appointed for a four (4) year term by the mayor who shall make the appointments from a list of persons nominated by the residents. The residents of each public housing facility shall by election nominate two (2) residents of that facility to the list every four (4) years, and the residents so elected to the housing authority shall each serve for four (4) years; provided, that no member of the housing authority shall serve more than three (3) consecutive four (4) year terms.
History of Section.
P.L. 1994, ch. 296, § 1; P.L. 1994, ch. 323, § 1; P.L. 1997, ch. 235, § 1; P.L. 1997, ch. 323, § 1.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-25 - City Housing Authorities › Section 45-25-10.3. - City of Cranston housing authority.

§ 45-25-10.3. City of Cranston housing authority.
Notwithstanding the provisions of § 45-25-10, commencing January 1, 2001, the housing authority of the city of Cranston is expanded in size from five (5) members to seven (7) members. The two (2) additional members shall be residents of public housing facilities in the city of Cranston. Each shall be appointed for a three (3) year term by the mayor who shall make the appointments from a list of persons nominated from the residents. The residents of each public housing facility shall by election nominate two (2) residents of that facility to the list every three (3) years, and the residents so elected to the housing authority shall each serve for three (3) years; provided, that no member of the housing authority shall serve more than three (3) consecutive three (3) year terms.
History of Section.
P.L. 2000, ch. 94, § 1; P.L. 2000, ch. 517, § 1.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-25 - City Housing Authorities › Section 45-25-10.4. - City of East Providence housing authority.

§ 45-25-10.4. City of East Providence housing authority.
Notwithstanding the provisions of § 45-25-10, commencing September 1, 2000, the housing authority of the city of East Providence is expanded in size from five (5) members to seven (7) members. The two (2) additional members shall be residents of public housing facilities in the city of East Providence. Each shall be appointed for a three (3) year term by the mayor who shall make the appointments from a list of persons submitted to the mayor by the executive director of the housing authority. The list shall contain no fewer than eight (8) nominees, with no fewer than two (2) nominees to be from any one public housing authority site. If fewer than eight (8) nominees wish to be considered for appointment, the mayor may select only one from residents of public housing facilities. The list shall be submitted to the mayor for appointment every three (3) years, and the residents appointed as housing authority commissioners shall serve a term of three (3) years, provided that no commissioner shall serve more than three (3) consecutive three (3) year terms. The method of selection of the residents to the list shall be determined by the mayor. If any resident commissioner no longer lives in public housing, his or her office shall be deemed vacated.
History of Section.
P.L. 2000, ch. 308, § 1; P.L. 2000, ch. 401, § 1.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-25 - City Housing Authorities › Section 45-25-10.5. - City of Woonsocket housing authority.

§ 45-25-10.5. City of Woonsocket housing authority.
Notwithstanding the provisions of § 45-25-10, commencing January 1, 2002 the housing authority of the city of Woonsocket is expanded in size from five (5) members to seven (7) members. The two (2) additional members shall be residents of public housing facilities and/or recipients of the authority’s Section 8 tenant based program in the city of Woonsocket. Each shall be appointed for a four (4) year term by the mayor, who shall make the appointments from a list of interested residents of the public housing facilities and/or recipients of the authority’s Section 8 tenant based program in the city of Woonsocket as submitted by the executive director. The method of selection of the residents to the list shall be determined by the mayor. If any resident commissioner no longer lives in public housing and/or is no longer a recipient of the authority’s Section 8 tenant based program in the city of Woonsocket, his or her office shall be deemed vacated.
History of Section.
P.L. 2002, ch. 99, § 1.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-25 - City Housing Authorities › Section 45-25-10.6. - City of Pawtucket housing authority.

§ 45-25-10.6. City of Pawtucket housing authority.
Notwithstanding the provisions of § 45-25-10, commencing March 1, 2012, the housing authority of the city of Pawtucket is expanded in size from five (5) members to seven (7) members. Said additional members shall be appointed by the mayor to serve for terms of four (4) and five (5) years, respectively from the date of their appointment. Two (2) of the seven (7) members shall be residents under an existing lease of a public housing facility or resident under an existing lease who is being assisted under the Housing Choice Voucher (Section 8) tenant based program in the city of Pawtucket and be at least eighteen (18) years of age. Said residents shall be appointed for a five (5) year term by the mayor who shall make the appointment from a list of persons submitted to the mayor by the executive director of the housing authority. The list shall contain no fewer than four (4) nominees. If fewer than four (4) nominees wish to be considered for appointment, the mayor may select one resident from the number of nominees who wish to be considered. The method of selection of the residents to the list shall be determined by the mayor. If said resident member no longer lives in public housing, his or her office shall be deemed vacated.
History of Section.
P.L. 2012, ch. 30, § 1; P.L. 2012, ch. 36, § 1.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-25 - City Housing Authorities › Section 45-25-11. - Validation of prior proceedings.

§ 45-25-11. Validation of prior proceedings.
All procedures by governing bodies of cities of this state and by housing authorities dealing with the creation and establishment of housing authorities undertaken before April 15, 1940, pursuant to this chapter, are hereby validated, ratified, confirmed, approved, and declared legal in all respects, notwithstanding any legal defect in those procedures.
History of Section.
P.L. 1940, ch. 918, § 1; G.L. 1956, § 45-25-11.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-25 - City Housing Authorities › Section 45-25-12. - Compliance with laws and contractual obligations.

§ 45-25-12. Compliance with laws and contractual obligations.
The authority and its commissioners are under a statutory duty to comply or to cause compliance strictly with all provisions of chapters 25 — 27 of this title and the laws of the state, and in addition, with each and every term, provision, and covenant in any contract of the authority on its part to be kept or performed.
History of Section.
P.L. 1935, ch. 2255, § 6; G.L. 1938, ch. 344, § 6; G.L. 1956, § 45-25-12.