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

Universal Citation: 860 RI Code of Rules 00 00 3.4

Current through September 18, 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.

3.4.2 Criteria to Determine the Significance of Any Application in Meeting the Purposes of this Act

A. In order to qualify as a Project of Critical Concern, the applicant must demonstrate to the Commission:
1. That application has been made to secure federal, state or municipal subsidies, or that the Project supports the implementation of the American Recovery and Reinvestment Act of 2009 and/or other federal housing stimulus efforts and;

2. That the project addresses the critical housing needs identified in the "Rhode Island Five Year Strategic Housing Plan: 2006-2010: Five Thousand in Five Years" including a priority for rental housing, and;

3. That the project promotes smart growth, including but not limited to: compact development, reuse of buildings, proximity to public transportation, use of existing infrastructure, brownfields redevelopment, historic preservation, and mixed use, and;
a. In a community that has not reached its 10% goal, or in a community that is exempt due to rental housing stock, that the Project meets a minimum of 5% of the LMIH units needed, as determined by Rhode Island Housing pursuant to R.I. Gen. Laws § 42-55-5.3 et seq.; or

b. In a community that has reached its 10% goal, that the Project adds at least 5% additional LMIH units to the existing LMIH stock, as determined by Rhode Island Housing pursuant to R.I. Gen. Laws § 42-55-5.3 et seq.

5. Notwithstanding the above criteria, to qualify for expedited permitting, a project must provide at least 10 LMIH units. Any project that provides at least 40 units of LMIH housing shall be eligible for consideration as a Project of Critical Concern regardless of location.

6. That the Project incorporates Green Building, Energy Star, or other energy efficient technologies to reduce operational costs.

3.4.3 Certificate of Critical Concern to Meet Emergency Need

Notwithstanding the above criteria, the chairperson of the Commission, or the executive director acting on behalf of the chairperson, may determine that an emergency need for housing, caused by a natural disaster or other dire circumstances leading to homelessness exists, and may issue a Certificate of Critical Concern to meet this need.

Disclaimer: These regulations may not be the most recent version. Rhode Island may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.