reglab/statecodes huggingface dataset:
Rhode Island Code of Regulations › Title 860 - Housing Resources Commission › Chapter 00 - N/A › Subchapter 00 - N/A › Part 1 - Rules and Regulations Governing the Building Homes Rhode Island Program (860-RICR-00-00-1) › Section 860-RICR-00-00-1.2 - Application and Authority

Current through June 14, 2024
The terms and provisions of these rules and regulations
					 shall be liberally construed to permit the Housing Resources Commission to
					 effectuate the purposes of state law, goals, and policies these rules and
					 regulations are promulgated pursuant to R.I. Gen. Laws §
										42-128-15,
					 as amended, and in accordance with R.I. Gen. Laws Chapter
					 42-35.
Rhode Island Code of Regulations › Title 860 - Housing Resources Commission › Chapter 00 - N/A › Subchapter 00 - N/A › Part 1 - Rules and Regulations Governing the Building Homes Rhode Island Program (860-RICR-00-00-1) › Section 860-RICR-00-00-1.4 - Allocation of Funds

Current through June 14, 2024
1.4.1
Availability of Funds.
A. Funds
				 will be available through a Request for Proposals issued by the Commission.
				 Applicants are encouraged to contact the Commission staff to discuss the
				 application process and required documentation needed to facilitate the
				 financing. Capital funds are available in the form of deferred and forgivable
				 loans for rental developments and as forgivable loans for homeownership units
				 with liens to be released upon satisfaction of program requirements and sale to
				 an eligible buyer. Operating funds and funds for services are not available
				 through this Program. At least 30% of the funding will be used to support units
				 benefiting Special Needs households, including, but not limited to, those
				 experiencing homelessness, the disabled and/or the elderly. If, however, the
				 HRC determines inadequate, viable applications serving these subpopulations are
				 submitted at the time of the anticipated final application cycle for available
				 funds, those remaining amounts held-aside for special needs households may be
				 used to support non-special needs proposal.
B. Funding shall be the minimum amount
				 necessary for the feasibility of the proposed development.
C. Funds will be in the form of deferred and
				 forgivable loans to the applicant provided that the Development remains in
				 compliance with the requirements of the program.
Rhode Island Code of Regulations › Title 860 - Housing Resources Commission › Chapter 00 - N/A › Subchapter 00 - N/A › Part 1 - Rules and Regulations Governing the Building Homes Rhode Island Program (860-RICR-00-00-1) › Section 860-RICR-00-00-1.5 - Application Process

Current through June 14, 2024
1.5.1
Submission of Proposals for Funding.
Once each fiscal year, at a minimum, the Commission will
					 issue a Request for Proposals indicating the amount of funding available, the
					 deadline for submission, and the estimated timeframe for review. Proposals must
					 be submitted to the Commission during regular business hours on or prior to the
					 deadline established in the request for proposals. A Proposal shall be deemed
					 received as of the date the Commission determines that the Proposal contains
					 all the information required by §
											1.7     of this Part. Proposals
					 shall be reviewed by the Commission and considered for financing subject to the
					 availability of funds.
Rhode Island Code of Regulations › Title 860 - Housing Resources Commission › Chapter 00 - N/A › Subchapter 00 - N/A › Part 1 - Rules and Regulations Governing the Building Homes Rhode Island Program (860-RICR-00-00-1) › Section 860-RICR-00-00-1.6 - Review of Applications

Current through June 14, 2024
A. Complete
				 Proposals containing all documentation required by the request for proposals
				 shall be determined to be complete by the Commission staff and then submitted
				 to the program's administrative agency for review.
B. Proposals will be reviewed by the
				 program's administrative agency staff to determine eligibility and conformance
				 with the threshold requirements.
C.
				 Staff of the Division of Planning will review for consistency with
				 comprehensive plans and the Historic Preservation Commission will review all
				 properties that are of historic significance.
D. All Proposals that satisfy the threshold
				 requirements will be evaluated based on the Program funding priorities
				 specified in the Request for Proposals.
E. A program review committee appointed by
				 the Chair shall make recommendations for funding, and those that should be
				 denied, to the Commission based on the funding priorities in the Request for
				 Proposals.
F. Financing under the
				 Program is subject to approval by the Housing Resources Commission.
Rhode Island Code of Regulations › Title 860 - Housing Resources Commission › Chapter 00 - N/A › Subchapter 00 - N/A › Part 1 - Rules and Regulations Governing the Building Homes Rhode Island Program (860-RICR-00-00-1) › Section 860-RICR-00-00-1.7 - Contents of Proposal

Current through June 14, 2024
A. Eligible
				 Developers applying to the Program shall submit to the HRC one (1) original and
				 three (3) copies of the Proposal. Each Proposal shall contain the following
				 information together with such other information as the HRC may request:
1. The name, address, telephone number, fax
				 number, email address and taxpayer identification number of the
				 applicant.
2. A resolution of the
				 Board of Directors, Owner, or other governing body of the applicant authorizing
				 submission of the Proposal.
3. A
				 description of the proposed Development, including address of the site,
				 location map, plat and lot number and type of buildings currently on the
				 property where applicable, and those proposed including a site plan and
				 preliminary schematic plans.
4.
				 Evidence of ownership or site control.
5. Identification and evidence of other
				 financing commitments for the Development.
6. Evidence of compliance with local zoning
				 and environmental regulations where applicable or identification of applicable
				 requirements for which the developer will need permitting and a proposed
				 schedule.
7. Projected date for
				 commencement of rehabilitation or construction activities, development
				 schedule, and a timetable for completion of the Development.
8. A description of the experience of the
				 Eligible Developer including identification of key staff, their qualifications
				 and experience, past projects undertaken and current housing projects
				 underway.
9. Identification of
				 partners in the Development.
10. A
				 construction budget prepared by a consultant, architect, contractor, or other
				 qualified professional.
11. The
				 Development Budget and Operating Budget for the project.
12. If the property is occupied, a plan for
				 relocation of displaced individuals.
13. A marketing plan in compliance with the
				 Rhode Island Fair Housing Practices Act, R.I. Gen. Laws §
											34-37-1,
				 et seq.
14. Identification of the
				 Monitoring Agent, where applicable.
Rhode Island Code of Regulations › Title 860 - Housing Resources Commission › Chapter 00 - N/A › Subchapter 00 - N/A › Part 1 - Rules and Regulations Governing the Building Homes Rhode Island Program (860-RICR-00-00-1) › Section 860-RICR-00-00-1.8 - Evaluation Process

Current through June 14, 2024
A. All applications
				 will be evaluated by the administrative agency staff in accordance with the
				 following criteria:
1. Applications must meet
				 the threshold criteria for review
2. Applications will be ranked based on the
				 extent to which the application addresses any of the priorities set forth in
				 the Request for Proposals.
3. The
				 Division of Planning staff in the Department of Administration will review
				 applications for consistency with the State Land Use Plan, the Rhode Island
				 Strategic Housing Plan, local affordable housing plans, and elements of the
				 State Guide Plan as applicable.
4.
				 The Rhode Island Historic Preservation Commission will review the plans for all
				 properties of historic significance as determined by R.I. Gen. Laws
				 §§
											42-45-5 and
				  44-33.1-1,
				 et seq.
5. The Governor's
				 Commission on Disabilities will review the site and building plans for
				 accessibility as determined by the State of Rhode Island "ADA" Conformance
				 Regulations as applicable.
6. The
				 program's administrative agency will review all applications for threshold
				 criteria, to determine the extent to which they meet priorities.
7. The review committee appointed by the
				 Chair will make recommendations for funding to the Housing Resources Commission
				 based on the priorities in the Request for Proposals.
8. The Housing Resources Commission will
				 approve or deny each proposal and all funding allocations
Rhode Island Code of Regulations › Title 860 - Housing Resources Commission › Chapter 00 - N/A › Subchapter 00 - N/A › Part 1 - Rules and Regulations Governing the Building Homes Rhode Island Program (860-RICR-00-00-1) › Section 860-RICR-00-00-1.9 - Threshold Criteria

Current through June 14, 2024
Threshold criteria, as approved by the Housing Resources
					 Commission, will be published with each Request for Proposals. Any application
					 determined non-compliant with stated criteria will be eliminated from
					 consideration.
Rhode Island Code of Regulations › Title 860 - Housing Resources Commission › Chapter 00 - N/A › Subchapter 00 - N/A › Part 1 - Rules and Regulations Governing the Building Homes Rhode Island Program (860-RICR-00-00-1) › Section 860-RICR-00-00-1.10 - Funding Priorities

Current through June 14, 2024
A. The Program
				 represents a limited resource with a large mandate. To ensure that resources
				 are expended in the most efficient manner that most positively impacts the
				 intended beneficiaries, the Commission will establish a list of program
				 priorities. These priorities will be published with each Request for Proposals
				 (RFP).
B. Priorities will be
				 factored in the scoring of applications, which will also be detailed in each
				 RFP. Developments that do not significantly advance these priorities may be
				 denied funding through the Program.
C. Priorities will be reviewed annually and
				 relative priorities will be determined and reviewed regularly by the
				 HRC.
Rhode Island Code of Regulations › Title 860 - Housing Resources Commission › Chapter 00 - N/A › Subchapter 00 - N/A › Part 1 - Rules and Regulations Governing the Building Homes Rhode Island Program (860-RICR-00-00-1) › Section 860-RICR-00-00-1.11 - Program Requirements

Current through June 14, 2024
1.11.1
Eligible Residents
A. Eligible
				 Residents are families and individuals who are Eligible Buyers with a gross
				 annual income that does not exceed 120% of the Median Family Income and
				 Eligible Renters with a gross annual income that does not exceed 80% of the
				 Median Family Income. Eligible Residents must occupy units of appropriate size
				 for the number of persons in the household.
B. Renters who are no longer Eligible
				 Residents due to income may continue to reside in the Development and pay 30%
				 of the family's gross monthly income. The next available unit shall be rented
				 to an Eligible Resident.
Rhode Island Code of Regulations › Title 860 - Housing Resources Commission › Chapter 00 - N/A › Subchapter 00 - N/A › Part 1 - Rules and Regulations Governing the Building Homes Rhode Island Program (860-RICR-00-00-1) › Section 860-RICR-00-00-1.12 - Program Administration

Current through June 14, 2024
1.12.1
Contracting
All contracts shall be submitted to the administrative
					 agency in support of funding requisitions.
1.12.2
Administration
The Commission shall designate an administrative agency to
					 implement and monitor the funding decisions made by the Commission with review
					 and recommendation of the staff of the administrative agency and the Housing
					 Resources Commission in accordance with these regulations.
1.12.3
Monitoring
To ensure compliance with the requirements set forth in
					 these Regulations, the administrative agency and/or the Commission may require
					 information and reports on Developments financed hereunder and may conduct site
					 visits and inspections.
1.12.4
The Loan Documents
If the Proposal is approved, the Eligible Developer will
					 execute the Loan Documents which shall set forth, among other things, certain
					 terms and conditions of participation in the Program.
1.12.5
Financing Policy
A. Each affordable housing development is
				 unique. Each Proposal submitted under the Program will be reviewed
				 independently and with flexibility. With this approach in mind, the
				 administrative agency staff will work with the Eligible Developer to determine
				 the amount of financing appropriate through the Program and other financing
				 sources available to the Eligible Developer for the project.
B. Loans, if approved, shall be in the form
				 of deferred loans with the appropriate terms determined by the Commission. The
				 Commission shall base its determination on the financial feasibility of the
				 proposed Development and on the requirements of other financing sources in the
				 development proposal.
Rhode Island Code of Regulations › Title 860 - Housing Resources Commission › Chapter 00 - N/A › Subchapter 00 - N/A › Part 1 - Rules and Regulations Governing the Building Homes Rhode Island Program (860-RICR-00-00-1) › Section 860-RICR-00-00-1.13 - Severability

Current through June 14, 2024
If any provision of these Rules and Regulations, or any
					 application thereof to any purpose or circumstances, is held invalid by a court
					 of competent jurisdiction, the validity of the remainder of the Rules and
					 Regulations shall not be affected thereby.
Rhode Island Code of Regulations › Title 860 - Housing Resources Commission › Chapter 00 - N/A › Subchapter 00 - N/A › Part 2 - Rules and Regulations Governing Lead Hazard Mitigation › Section 860-RICR-00-00-2.1 - Authority

Current through June 14, 2024
Authority for these rules and regulations is contained in
					 R.I. Gen. Laws Chapter 42-128.1.
Rhode Island Code of Regulations › Title 860 - Housing Resources Commission › Chapter 00 - N/A › Subchapter 00 - N/A › Part 2 - Rules and Regulations Governing Lead Hazard Mitigation › Section 860-RICR-00-00-2.2 - Purpose

Current through June 14, 2024
The purpose of this Part is to establish rules and
					 regulations under the Housing Resources Commission (HRC) Lead Hazard Mitigation
					 Program for owners of pre-1978 residential rental properties, tenants, and
					 licensed lead professionals to achieve lead safe compliance, and their
					 respective rights and responsibilities. In developing these rules and
					 regulations, the HRC considered regulatory guidelines set forth in R.I. Gen.
					 Laws §
										42-128.1-5(b).
Rhode Island Code of Regulations › Title 860 - Housing Resources Commission › Chapter 00 - N/A › Subchapter 00 - N/A › Part 2 - Rules and Regulations Governing Lead Hazard Mitigation › Section 860-RICR-00-00-2.3 - Applicability

Current through June 14, 2024
These rules and regulations shall be liberally construed to
					 permit HRC to effectuate state law, and to allow tenants to exercise their
					 rights as stipulated herein.
Rhode Island Code of Regulations › Title 860 - Housing Resources Commission › Chapter 00 - N/A › Subchapter 00 - N/A › Part 2 - Rules and Regulations Governing Lead Hazard Mitigation › Section 860-RICR-00-00-2.4 - Definitions

Current through June 14, 2024
A. "At risk occupant" means a person under
				 six (6) years of age, or a pregnant woman, who has been a legal inhabitant in a
				 dwelling unit for at least thirty (30) days; provided, however, that a guest of
				 any age shall not be considered an occupant.
B. "Designated person" means either:
1. A property owner, or the agent of the
				 property owner, who has completed an HRC-approved lead hazard awareness
				 seminar; or
2. A Licensed Lead
				 Professional.
Rhode Island Code of Regulations › Title 860 - Housing Resources Commission › Chapter 00 - N/A › Subchapter 00 - N/A › Part 2 - Rules and Regulations Governing Lead Hazard Mitigation › Section 860-RICR-00-00-2.5 - Owner Responsibilities

Current through June 14, 2024
2.5.1
Education
Owners or their designee must complete a lead hazard
					 awareness seminar approved by HRC, pursuant to R.I. Gen. Laws §
										42-128.1-8.
2.5.2
Evaluations
A. After attending a lead awareness seminar,
				 Owners or their Designated Person shall conduct a visual inspection of the
				 premises to identify Deteriorated Paint and determine who can perform the work
				 to correct those hazards; or
B.
				 Owners shall hire a Licensed Lead Professional to conduct an inspection of the
				 premises to identify any lead hazards and determine who can perform the work
				 necessary to correct those hazards.
Rhode Island Code of Regulations › Title 860 - Housing Resources Commission › Chapter 00 - N/A › Subchapter 00 - N/A › Part 2 - Rules and Regulations Governing Lead Hazard Mitigation › Section 860-RICR-00-00-2.6 - Lead Safe Compliance

Current through June 14, 2024
A. As a minimum, an
				 Owner shall have one of the following to document lead safe compliance:
1. A current Certificate of
				 Conformance;
2. A Certificate of
				 Conformance and a current notarized Affidavit of Completion of Visual
				 Inspection approved by HRC; or
3. A
				 current Certificate of Presumptive Compliance issued by HRC.
Rhode Island Code of Regulations › Title 860 - Housing Resources Commission › Chapter 00 - N/A › Subchapter 00 - N/A › Part 2 - Rules and Regulations Governing Lead Hazard Mitigation › Section 860-RICR-00-00-2.7 - Tenant Rights

Current through June 14, 2024
A. Tenants shall
				 have the right to file a complaint with HRC if the Owner's response to a Notice
				 of Deteriorating Conditions is unsatisfactory or if the lead hazard mitigation
				 performed is unsatisfactory.
B.
				 Tenants shall have the right to voluntarily notify the Owner of any At-Risk
				 Occupants, potential or otherwise, at any point before, during, or after unit
				 Turnover. At-Risk Occupants have the right to lead safe housing.
C. Households that include an At-Risk
				 Occupant shall have the right of a private action to seek injunctive relief
				 from a court with jurisdiction against the Owner to compel lead safe
				 compliance. A person who prevails is entitled to an award of the costs of the
				 litigation and reasonable attorney's fees in an amount to be fixed by the
				 court.
Rhode Island Code of Regulations › Title 860 - Housing Resources Commission › Chapter 00 - N/A › Subchapter 00 - N/A › Part 2 - Rules and Regulations Governing Lead Hazard Mitigation › Section 860-RICR-00-00-2.8 - Lead Hazard Awareness Seminar Training Providers

Current through June 14, 2024
A. To apply for certification as a training
				 provider for the lead hazard awareness seminar, an applicant shall submit a
				 completed application to HRC, on forms approved by HRC, at least forty five
				 (45) days prior to the first scheduled course date. The application must
				 include all information required by R.I. Gen. Laws Chapter 42-128.1 and all
				 supporting documentation specified on the application form.
1. For in person seminars, the application
				 must include the name(s) and qualifications of the instructor(s) to be approved
				 by HRC. Training providers shall notify HRC of all scheduled and canceled
				 in-person seminars at least (7) days in advance. HRC may audit any lead hazard
				 awareness seminar.
2. For online
				 trainings, a link, login and password must be provided to HRC for course review
				 and approval.
Rhode Island Code of Regulations › Title 860 - Housing Resources Commission › Chapter 00 - N/A › Subchapter 00 - N/A › Part 2 - Rules and Regulations Governing Lead Hazard Mitigation › Section 860-RICR-00-00-2.9 - Variances

Current through June 14, 2024
A. A variance may be granted to an Owner
				 where there exists a hardship to financing Lead Safe Compliance, or where
				 weather, materials, or personnel delay completion of the work.
B. A request for a variance must be submitted
				 in writing, on a form approved by HRC.
C. For the purposes of this Part, an interior
				 Certificate of Conformance issued between November 1 and March 31, when the
				 weather prevents correcting exterior lead hazards, is considered an automatic
				 weather variance which will expire the following June 30.
1. On or before June 30, a Licensed Lead
				 Inspector shall conduct an exterior re-inspection to issue a full Certificate
				 of Conformance if the exterior inspection passes. The full Certificate of
				 Conformance will expire two (2) years from the date that the interior
				 inspection, including dust wipe sampling, passed. Both the interior and
				 exterior independent clearance inspection forms and signed variance request
				 must be included in the final Mitigation Report.
2. After June 30, a Licensed Lead Inspector
				 shall conduct a full independent clearance inspection (i.e. interior, including
				 dust wipe sampling, and exterior) to issue a full Certificate of Conformance if
				 the inspection passes. The new Certificate of Conformance will expire two (2)
				 years from the date of the last inspection and dust wipe sampling.
Rhode Island Code of Regulations › Title 860 - Housing Resources Commission › Chapter 00 - N/A › Subchapter 00 - N/A › Part 3 - Rules and Regulations for Expedited Permitting for Affordable Housing (860-RICR-00-00-3) › Section 860-RICR-00-00-3.1 - Purposes

Current through June 14, 2024
The State of Rhode Island and Providence Plantations
					 herein establishes regulations for an expedited permit review process, as set
					 forth in R.I. Gen. Laws §
										42-128-2 et seq., for housing projects of critical concern. The purpose of these rules
					 and regulations is to: encourage and promote affordable housing production and
					 rehabilitation; to assist local cities and towns achieve their ten (10) percent
					 affordable housing goals; to facilitate implementation of local and state plans
					 for the provision of affordable housing; and, to optimize the use of public
					 resources, including proceeds from bond issues, by providing expedited
					 consideration by state agencies of applications for permits for projects that
					 would provide affordable housing.
Rhode Island Code of Regulations › Title 860 - Housing Resources Commission › Chapter 00 - N/A › Subchapter 00 - N/A › Part 3 - Rules and Regulations for Expedited Permitting for Affordable Housing (860-RICR-00-00-3) › Section 860-RICR-00-00-3.2 - Legal Authority

Current through June 14, 2024
These rules and regulations are promulgated pursuant to
					 the requirements and provisions of the Expedited Permit Process Act, R.I. Gen.
					 Laws §
										42-128-2 et seq., and the Administrative Procedures Act, R.I. Gen. Laws §
										42-35-1 et
					 seq.
Rhode Island Code of Regulations › Title 860 - Housing Resources Commission › Chapter 00 - N/A › Subchapter 00 - N/A › Part 3 - Rules and Regulations for Expedited Permitting for Affordable Housing (860-RICR-00-00-3) › Section 860-RICR-00-00-3.4 - Request for Status as a Housing Project of Critical Concern

Current through June 14, 2024
A person requesting designation as a Housing Project of
					 Critical Concern must apply to the Commission on application forms that must be
					 obtained from the Commission.
3.4.1
Contents of Application
A.
				 Applicants must submit to the Commission one (1) original and three (3) copies
				 of the application. Each applicant must provide the following information
				 together with such other information that the Commission may request:
1. Name, address, telephone number, fax
				 number, e-mail address and taxpayer identification number of the
				 applicant;
2. Address, if
				 available, or plat and lot number of site;
3. A description of the proposed
				 development;
4. Evidence that the
				 development meets Eligible Affordable Housing Project criteria;
5. A description of how the development is
				 consistent with the applicable provisions of the local and state plans
				 pertaining to affordable housing development including, but not limited to,
				 local comprehensive plans and "Land Use 2025;"
6. Evidence of ownership or site
				 control;
7. Proforma and a
				 development budget;
8. Schedule of
				 permitting needs;
9. Identification
				 of development partners, if any;
10. Description of the experience of the
				 applicant and the development team including identification of key staff, their
				 qualification and experience, past projects undertaken and current housing
				 projects underway;
11. If the
				 property is occupied, a plan for relocation of displaced individuals.
Rhode Island Code of Regulations › Title 860 - Housing Resources Commission › Chapter 00 - N/A › Subchapter 00 - N/A › Part 3 - Rules and Regulations for Expedited Permitting for Affordable Housing (860-RICR-00-00-3) › Section 860-RICR-00-00-3.5 - Procedure for Review

Current through June 14, 2024
A. Not more than
				 five (5) business days after receiving the request for status as a Housing
				 Project of Critical Concern, the chairperson of the Commission, or the
				 executive director acting on behalf of the chairperson, shall refer the request
				 to Statewide Planning for review of the probable consistency of the project
				 with the applicable provision of the state guide plan.
B. The Associate Director shall issue a
				 determination of probable consistency to the chairperson within twenty (20)
				 business days.
C. If the Associate
				 Director has made the determination of probable consistency, the chairperson of
				 the Commission, or the executive director acting on behalf of the chairperson,
				 shall render a written decision on the request within sixty (60) calendar days
				 of the filing and receipt of the application.
D. If a Project receives a certificate of
				 critical concern, the chairperson of the Commission, or the executive director
				 acting on behalf of the chairperson, may convene appropriate state agencies
				 that have licensing or permitting authority over the Project in order to inform
				 the agencies about the planned development.
E. The chairperson of the Commission, or the
				 executive director acting on behalf of the chairperson, will report to the
				 Commission on applications for Certificates of Critical Concern and on the
				 status of applications.
Rhode Island Code of Regulations › Title 860 - Housing Resources Commission › Chapter 00 - N/A › Subchapter 00 - N/A › Part 3 - Rules and Regulations for Expedited Permitting for Affordable Housing (860-RICR-00-00-3) › Section 860-RICR-00-00-3.6 - No Right to Review

Current through June 14, 2024
A review by Commission shall not constitute a "contested
					 case" under the Administrative Procedures Act, R.I. Gen. Laws §
										42-35-9.
					 No opportunity to object to a request shall be afforded, nor shall judicial
					 review be available from a decision rendered by the
					 Commission.
Rhode Island Code of Regulations › Title 860 - Housing Resources Commission › Chapter 00 - N/A › Subchapter 00 - N/A › Part 3 - Rules and Regulations for Expedited Permitting for Affordable Housing (860-RICR-00-00-3) › Section 860-RICR-00-00-3.7 - Validity of Certificate

Current through June 14, 2024
A Certificate shall be valid as to each and every state
					 agency by which the Project must be licensed or permitted until the Project
					 reaches its Development Stage, or two (2) years from the date of issuance. The
					 Certificate is issued to the Project and remains valid regardless of any change
					 in ownership or developer; however, any such change must be reported to the
					 Commission within 30 calendar days of the recording of such
					 change.
Rhode Island Code of Regulations › Title 860 - Housing Resources Commission › Chapter 00 - N/A › Subchapter 00 - N/A › Part 3 - Rules and Regulations for Expedited Permitting for Affordable Housing (860-RICR-00-00-3) › Section 860-RICR-00-00-3.8 - Rescission of Authorization

Current through June 14, 2024
The Executive Director may revoke any Certificate upon a
					 finding that the Project has been significantly altered in size, scope or
					 impact since the issuance of the Certificate in such a way as to no longer
					 qualify as a housing project of critical concern.
Rhode Island Code of Regulations › Title 860 - Housing Resources Commission › Chapter 00 - N/A › Subchapter 00 - N/A › Part 3 - Rules and Regulations for Expedited Permitting for Affordable Housing (860-RICR-00-00-3) › Section 860-RICR-00-00-3.9 - Action by State Agency

Current through June 14, 2024
A Certificate may be filed with each and every state
					 agency with licensing or permitting authority over a Project. The state agency
					 shall give priority to the Project in the handling and processing of the
					 application in accordance with R.I. Gen. Laws §
										42-128-2 so that within three (3) months of the submission of a substantially complete
					 application, the state agency must render a written report on the status of the
					 application. The report shall contain information, which will enable the person
					 to make a sound business decision as to whether to proceed with the
					 application. The report shall be delivered to the applicant. If the application
					 is not granted, then the state agency shall on the fourth, fifth and sixth
					 months of the anniversary of the submission render a written report on the
					 status of the application. If at the end of the sixth month, a decision has not
					 been rendered on the application, then, in addition to the applicant, a copy of
					 the written report shall be rendered monthly thereafter to the Associate
					 Director and the Commission until a decision to accept or reject the
					 application has been made.
Rhode Island Code of Regulations › Title 860 - Housing Resources Commission › Chapter 00 - N/A › Subchapter 00 - N/A › Part 3 - Rules and Regulations for Expedited Permitting for Affordable Housing (860-RICR-00-00-3) › Section 860-RICR-00-00-3.10 - Preliminary Review by State Agencies

Current through June 14, 2024
In no instance do these rules and regulations prohibit any
					 state agency from providing initial feedback and recommendations regarding a
					 Project prior to a developer's formally filing for a permit.
Rhode Island Code of Regulations › Title 860 - Housing Resources Commission › Chapter 00 - N/A › Subchapter 00 - N/A › Part 3 - Rules and Regulations for Expedited Permitting for Affordable Housing (860-RICR-00-00-3) › Section 860-RICR-00-00-3.11 - Liberal Application

Current through June 14, 2024
The terms and provisions of these rules and regulations
					 shall be liberally construed to allow the Commission to effectuate the purposes
					 of state law, goals, and policies.
Rhode Island Code of Regulations › Title 860 - Housing Resources Commission › Chapter 00 - N/A › Subchapter 00 - N/A › Part 3 - Rules and Regulations for Expedited Permitting for Affordable Housing (860-RICR-00-00-3) › Section 860-RICR-00-00-3.12 - Performance

Current through June 14, 2024
A Person which has been granted a Certificate of Critical
					 Housing Concern shall provide a report to the Commission certifying that it has
					 met the provisions stated in the application which justified the approval of
					 the Certificate, in accordance with the timeframe specified in the application.
					 This report shall be made at the time of completion of the project, or, for
					 phased projects, at the completion of each phase.
Rhode Island Code of Regulations › Title 860 - Housing Resources Commission › Chapter 00 - N/A › Subchapter 00 - N/A › Part 3 - Rules and Regulations for Expedited Permitting for Affordable Housing (860-RICR-00-00-3) › Section 860-RICR-00-00-3.13 - Penalties

Current through June 14, 2024
A Person failing to meet provisions stated in the
					 application that justified the approval of the Certificate shall be subject to
					 a revocation of the Certificate and any other penalties permitted by
					 law.
Rhode Island Code of Regulations › Title 860 - Housing Resources Commission › Chapter 00 - N/A › Subchapter 00 - N/A › Part 3 - Rules and Regulations for Expedited Permitting for Affordable Housing (860-RICR-00-00-3) › Section 860-RICR-00-00-3.14 - Severability

Current through June 14, 2024
A. If a court of competent jurisdiction
				 invalidates any provision of these rules and regulations, or their application
				 to any local government unit or circumstance, the remaining rules and
				 regulations will not be affected. The invalidity of any section or sections, or
				 parts of any section or sections, shall not affect the validity of the
				 remainder of these rules and regulations.
B. The foregoing rules and regulations, after
				 due notice and an opportunity for hearing, are hereby adopted and filed with
				 the Secretary of State this 20th day of March, 2009,
				 to become effective twenty (20) days after filing, in accordance with the
				 provisions of R.I. Gen. Laws §§
										42-35-2(a),
				  42-35-3,
				 and
				  42-128-2.
Rhode Island Code of Regulations › Title 860 - Housing Resources Commission › Chapter 00 - N/A › Subchapter 00 - N/A › Part 4 - Rules and Regulations Governing the State Lead Hazard Reduction Program › Section 860-RICR-00-00-4.1 - Purpose

Current through June 14, 2024
The Rhode Island Housing Resources Commission (the
					 "Commission"), hereby promulgates Rules and Regulations (the "Regulations")
					 applicable to the Lead Hazard Reduction Program ("LHRP"). The primary purpose
					 of the LHRP is to eliminate lead hazards in properties throughout the State.
					 These Regulations set forth the method by which LHRP funds will be
					 allocated.
Rhode Island Code of Regulations › Title 860 - Housing Resources Commission › Chapter 00 - N/A › Subchapter 00 - N/A › Part 4 - Rules and Regulations Governing the State Lead Hazard Reduction Program › Section 860-RICR-00-00-4.2 - Authority

Current through June 14, 2024
The Commission serves as the lead state agency for housing
					 programs and services, planning, education, technical assistance, and
					 coordination of state projects and state financial assistance in accordance
					 with R.I. Gen. Laws Chapter 42-128, the Rhode Island Housing Resources Act of
					 1998. The Commission shall implement and put into full force and effect rules
					 and regulations under the powers, duties, and responsibilities assigned to it
					 by the Rhode Island Housing Resources Act. This regulation is promulgated
					 pursuant to the authority granted in R.I. Gen. Laws Chapter 42-35 et seq .,
					 Administrative Procedures Act.
Rhode Island Code of Regulations › Title 860 - Housing Resources Commission › Chapter 00 - N/A › Subchapter 00 - N/A › Part 4 - Rules and Regulations Governing the State Lead Hazard Reduction Program › Section 860-RICR-00-00-4.3 - Applicability

Current through June 14, 2024
The terms and provisions of these Regulations shall be
					 liberally construed to permit the Commission to effectuate the purposes of
					 state law, goals, and policies.
Rhode Island Code of Regulations › Title 860 - Housing Resources Commission › Chapter 00 - N/A › Subchapter 00 - N/A › Part 4 - Rules and Regulations Governing the State Lead Hazard Reduction Program › Section 860-RICR-00-00-4.4 - Regulations

Current through June 14, 2024
A. Definitions
1. "AMI" means the area median income of the
				 area, as determined by the United States Department of Housing and Urban
				 Development, adjusted for family size.
2. "Childhood lead poisoning" means a
				 confirmed blood lead level equal to or greater than five (5) micrograms of lead
				 per deciliter of whole blood (ug/dl) or as currently defined by the Lead
				 Regulations.
3. "Commission" means
				 the Rhode Island Housing Resources Commission, a public corporation organized
				 and existing under the Act.
4.
				 "Corporation" means the Rhode Island Housing and Mortgage Finance Corporation,
				 a public corporation organized and existing under R.I. Gen. Laws Chapter 42-55,
				 as amended.
5. "Department of
				 Health" means the Rhode Island Department of Health.
6. "EBL" or "elevated blood lead level" means
				 a single blood lead test (capillary or venous) at or above 5 ug/dl, or as
				 currently defined in the 216-RICR- 50-15-3, Lead Poisoning Prevention as
				 published by the Department of Health.
7. "Lead regulations" means Lead Poisoning
				 Prevention, 216-RICR- 50-15-3, as published by the Department of Health and
				 amended from time to time.
8.
				 "Notice of violation" means a legal notice issued to the property owner by the
				 Department of Health in accordance with R.I. Gen. Laws Chapter 23-24.6 of the
				 Lead Poisoning and Prevention Act and/or a legal notice issued by the
				 municipality in accordance with R.I. Gen. Laws §45-24-17 of the Housing
				 Maintenance and Occupancy Code.
9.
				 "State" means the State of Rhode Island.
10. "Super clean" means the cleaning of all
				 surfaces in a unit, the access to the unit and obvious exterior hazards as a
				 preventative measure. This cleaning reduces lead dust levels and addresses
				 minor lead hazards for children returning from hospitalization or units
				 recommended by the Department of Health.
11. All capitalized terms used herein shall
				 have the same meanings as set forth in the Administrative Procedures Act, R.I.
				 Gen. Laws §
											42-35-1 et
				 seq . (the "Act").
Rhode Island Code of Regulations › Title 860 - Housing Resources Commission › Chapter 00 - N/A › Subchapter 00 - N/A › Part 5 - Rules and Regulations Governing the Implementation of an Approved Monitoring Agent Program › Section 860-RICR-00-00-5.1 - Authority

Current through June 14, 2024
A. These rules and regulations are
				  promulgated pursuant to the requirements and provisions of R.I. Gen. Laws
				  §
										45-53-3.2, R.I. Gen. Laws Chapter 42-128, the Rhode Island Housing
				  Resources Act of 1998, and R.I. Gen. Laws Chapter 42-35
et
				  seq
., the Administrative Procedures Act.
Rhode Island Code of Regulations › Title 860 - Housing Resources Commission › Chapter 00 - N/A › Subchapter 00 - N/A › Part 5 - Rules and Regulations Governing the Implementation of an Approved Monitoring Agent Program › Section 860-RICR-00-00-5.2 - Purpose

Current through June 14, 2024
A. The purpose of these rules and regulations
				  is to implement the approved monitoring agent program established pursuant to
				  R.I. Gen. Laws §
										45-53-3.2 for municipally subsidized housing
				  developments. These rules and regulations establish a process for the selection
				  and approval of Monitoring Agents including, but not limited to, establishing
				  terms of engagement, standards for approval and recertification, reporting
				  requirements, and minimum qualifications for approved Monitoring
				  Agents.
Rhode Island Code of Regulations › Title 860 - Housing Resources Commission › Chapter 00 - N/A › Subchapter 00 - N/A › Part 5 - Rules and Regulations Governing the Implementation of an Approved Monitoring Agent Program › Section 860-RICR-00-00-5.3 - Definitions

Current through June 14, 2024
A. For the purposes of this Part, the
				  following terms shall have the following meanings:
1. "Accessory Dwelling Unit" or "ADU" means a
				  residential living unit on the same parcel where the primary use is a legally
				  established single-unit or multi-unit dwelling. An Accessory Dwelling Unit
				  provides complete independent living facilities for one or more persons. It may
				  take various forms including, but not limited to: a detached unit; a unit that
				  is part of an accessory structure, such as a detached garage; or a unit that is
				  part of an expanded or remodeled primary dwelling.
2. "Affordable Housing Restriction" means a
				  deed, regulatory agreement, or other instrument suitable for recording in a
				  form approved by the HRC containing those requirements necessary to meet the
				  standards set forth in the Rhode Island Low and Moderate Income Housing Act,
				  R.I Gen. Laws Chapter 45-53, and recorded in the relevant land evidence records
				  or registry of deeds as applicable.
3. "Developer Agent" means including, but
				  shall not necessarily be limited to, lottery agents, listing agents, property
				  management agents, placement agents, or any other individual or entity involved
				  in the sale or lease process.
4.
				  "Housing Resources Commission" or "HRC" means the commission established as an
				  agency within the executive department pursuant to R.I. Gen. Laws §
											42-128-4.
5. "Low or moderate
				  income housing" or "LMIH" means as set forth in R.I Gen. Laws §
											45-53-3(9), the Rhode Island Low and Moderate Income Housing Act.
6. "Monitoring Agents" means those monitoring
				  agents appointed by the Rhode Island Housing Resources Commission pursuant to
				  R.I. Gen. Laws §
											45-53-3.2 for municipally subsidized housing
				  developments.
Rhode Island Code of Regulations › Title 860 - Housing Resources Commission › Chapter 00 - N/A › Subchapter 00 - N/A › Part 5 - Rules and Regulations Governing the Implementation of an Approved Monitoring Agent Program › Section 860-RICR-00-00-5.4 - Duties of Monitoring Agents

Current through June 14, 2024
A. Monitoring
				  Agents shall perform those duties established from time to time by the HRC,
				  which shall include, but shall not be limited to, the following:
1. Monitor Initial Sales/Lease-Up. Monitoring
				  agents shall work closely with Developers and/or Developer Agents to ensure
				  that Affordable Units are sold or leased as applicable to Income Eligible
				  Households and are subject to a long-term Affordable Housing
				  Restriction;
2. Ongoing Monitoring
				  of Deed Restricted Homeownership Units. Monitoring Agents shall provide ongoing
				  monitoring to Affordable Housing Restricted homes for compliance with the terms
				  of such restrictions, including but not limited to, refinancing, events of
				  foreclosure and occupancy requirements.
3. Ongoing Monitoring of Affordable Housing
				  Restricted Rental Units. Monitoring Agents shall work with Owners of Affordable
				  Housing Restricted rental properties and/or their listing agent or property
				  management agent to ensure continued income eligibility of in-place
				  tenants.
4. Monitoring of Resales.
				  Monitoring agents shall work with Owners of Affordable Housing Restricted
				  properties and/or their listing agent or property management agent to ensure
				  that all resales comply with the terms of the applicable Affordable Housing
				  Restriction;
5. Compliance and
				  Enforcement. Monitoring Agents shall support ongoing compliance with the terms
				  of the Affordable Housing Restriction, including requests for refinancing,
				  capital improvements, leasing and resale; and take necessary enforcement action
				  in response to violations of the Affordable Housing Restriction.
6. Reporting. Monitoring Agents shall comply
				  with the reporting requirements of 5.7 hereof;
Rhode Island Code of Regulations › Title 860 - Housing Resources Commission › Chapter 00 - N/A › Subchapter 00 - N/A › Part 5 - Rules and Regulations Governing the Implementation of an Approved Monitoring Agent Program › Section 860-RICR-00-00-5.5 - Approval Process

Current through June 14, 2024
A. The Housing
				  Resources Commission will accept applications to be approved as a qualified
				  Monitoring Agent no less than once every calendar year, on forms to be adopted
				  by the HRC.
B. In order to be
				  approved, Monitoring Agents must demonstrate they can minimally meet guidelines
				  for qualifications established by the HRC which shall include, but not be
				  limited to:
1. Working knowledge of applicable
				  regulations, rules or guidelines, including those relating to fair
				  housing;
2. General knowledge of
				  subsidy programs and associated requirements;
3. Experience reviewing income and asset
				  documentation to determine eligibility under applicable programs;
4. Experience working with mortgage lenders
				  and general knowledge of mortgage loan documents to be reviewed during sales or
				  refinancing transactions;
5.
				  Experience working with developers, homeowners, listing agents, municipal
				  officials and closing attorneys in the sale and resale of units subject to
				  affordable housing restrictions;
6.
				  Experience working with owners, listing agents and property management firms in
				  the lease up and annual renewal of tenants in units subject to an Affordable
				  Housing Restriction;
7.
				  Demonstration of ability to successfully resolve issues of non-compliance with
				  an Affordable Housing Restriction;
8. Demonstrated capacity to sustain
				  monitoring services during their contracted period;
9. Demonstrated authorization to transact
				  business in the State of Rhode Island;
10. Compliance with any and all HRC required
				  trainings;
11. Compliance with
				  insurance requirements as determined by the HRC;
12. Compliance with any applicable audit or
				  financial review findings; and
13.
				  Possession of such knowledge, skills, experience, administrative capacity,
				  and/or other applicable competence for the performance of required duties as
				  shall be established from time to time by the HRC.
Rhode Island Code of Regulations › Title 860 - Housing Resources Commission › Chapter 00 - N/A › Subchapter 00 - N/A › Part 5 - Rules and Regulations Governing the Implementation of an Approved Monitoring Agent Program › Section 860-RICR-00-00-5.6 - Terms of Engagement

Current through June 14, 2024
A. Approved
				  applicants meeting the criteria established by the HRC will be approved for an
				  initial one-year period with the option for subsequent renewals for terms not
				  to exceed five (5) consecutive years as determined by the HRC.