AN ACT RELATING TO PROPERTY -- FAITH-BASED AFFORDABLE HOUSING DEVELOPMENT ACT (Allows faith-based organizations to develop affordable and mixed-use housing on land they own as a by-right use, set statewide development standards, limit local barriers, and streamline approvals to expand housing supply.)

H7445

2026 -- H 7445
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LC004245
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STATE OF RHODE ISLAND
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2026
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A N A C T
RELATING TO PROPERTY -- FAITH-BASED AFFORDABLE HOUSING DEVELOPMENT
ACT

Introduced By:
Representatives Speakman, Potter, Morales, Hull, Giraldo, Ajello,
Fogarty, Kislak, Corvese, and Alzate

Date Introduced:
January 30, 2026

Referred To:
House Municipal Government & Housing
It is enacted by the General Assembly as follows:
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SECTION 1. Legislative findings.
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The General Assembly finds and declares:
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(1) That the State of Rhode Island is experiencing a shortage of housing that threatens
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affordability, economic stability, and community well-being. The general assembly further finds
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that faith-based organizations often own or control underutilized land that may be suitable for
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residential development.
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(2) Therefore, it is the policy of the State of Rhode Island to authorize faith-based
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organizations to develop affordable housing as a use-by-right on property that faith-based
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organizations own or control.
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(3) Chapter 51 of title 34 is intended to increase housing access, reduce unnecessary
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regulatory barriers, and encourage mixed-use, community-focused development. Project approvals
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shall be based on objective and transparent standards to ensure operational flexibility for faith-
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based organizations while remaining responsive to local housing needs.
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SECTION 2. Title 34 of the General Laws entitled "PROPERTY" is hereby amended by
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adding thereto the following chapter:
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CHAPTER 51
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FAITH-BASED AFFORDABLE HOUSING DEVELOPMENT ACT
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34-51-1. Title.

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This chapter shall be known and may be cited as the "Faith-based Affordable Housing
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Development Act."
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34-51-2. Definitions.

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For the purposes of this chapter, the following words and terms shall have the following
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meanings:
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(1) “Active ground floor” means a portion of the ground floor dedicated to public-facing
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or commercial uses, including retail, restaurants, community centers, or similar uses.
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(2) “Affordable housing” means housing units restricted to households earning no more
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than eighty percent (80%) of the area median income, as determined by the United States
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Department of Housing and Urban Development (HUD), with affordability restrictions maintained
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for a period consistent with state low-income housing tax credit eligibility requirements.
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(3) “Ancillary uses” means uses that support and complement the mission of a faith-based
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organization, including child care, social services, educational uses, and small-scale commercial
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uses not exceeding three thousand square feet (3,000 ft2) per establishment.
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(4) “Development site” means land owned, leased, or otherwise controlled by a faith-based
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organization and eligible for residential, commercial, or mixed-use development, excluding light
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and heavy industrial zones unless residential uses are expressly permitted.
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(5) “Faith-based organization” means a religious institution, including churches, temples,
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mosques, synagogues, and religious higher education institutions, that owns or leases the
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development site.
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(6) “Housing unit” means a self-contained residential dwelling unit designed for occupancy
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by one household.
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(7) “Ministerial review” means a non-discretionary approval process based solely on
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objective standards without public hearings or subjective judgment.
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(8) “Mixed-use development” means a development containing both residential uses and
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ancillary uses.
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(9) “Net habitable square feet” means finished, heated, and enclosed floor area, excluding
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parking, garages, and unfinished spaces.
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(10) “Project” means development, construction, or renovation undertaken by a faith-based
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organization on a development site.
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(11) “Public benefit incentive” means additional development allowances granted in
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exchange for providing affordable housing, community services, or environmental preservation.
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(12) “Serviced lot” means a parcel connected to municipal water and sewer systems.
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(13) “Steep slope” means land with a rise of ten feet (10') over twenty-five feet (25') or a

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slope of forty percent (40%) or greater.
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34-51-3. Project eligibility.

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(a) Projects shall be owned or controlled by a faith-based organization through fee
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ownership or a lease of not less than fifty-five (55) years.
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(b) Development sites shall be located in zones permitting residential, commercial,
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institutional, civic, single-family, duplex, or multifamily uses.
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(c) Industrial zones are excluded unless residential uses are expressly permitted.
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(d) Mixed-use developments shall dedicate at least sixty percent (60%) of net habitable
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square feet to residential use.
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(e) Projects shall comply with applicable building, fire, health, life safety codes, and the
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federal Fair Housing Act, 42 U.S.C. 3601 et seq.
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34-51-4. State preemption.

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(a) This chapter shall preempt any local ordinance or regulation that conflicts with its
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provisions.
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(b) Municipalities shall not impose discretionary review, special permits, additional fees,
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or conditions beyond those applicable to comparable by-right developments.
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(c) Targeted regulations singling out faith-based organization projects are prohibited and
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void.
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34-51-5. Affordable housing standards.

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(a) Municipalities may adopt generally applicable affordability ordinances consistent with
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this chapter.
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(b) Affordability requirements shall not exceed state low-income housing tax credit
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affordability periods and shall rely on HUD income limits and rent schedules.
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34-51-6. Base development incentives.

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(a) Projects shall be permitted a base density of thirty (30) dwelling units per acre.
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(b) Where greater density or height is allowed on the site or adjoining sites, the project
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shall be entitled to the greater allowance.
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(c) Projects may exceed existing height limits by one story or fifteen feet (15'), with a base
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floor area ratio (“FAR”) of 2:1.
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(d) No minimum parking requirements shall apply to residential or ancillary uses.
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34-51-7. Bonus incentives.

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(a) Active ground floor ancillary uses qualify for an additional FAR bonus of 0.5.
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(b) Projects with forty percent (40%) or more two (2) bedroom units qualify for increased
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density up to fifty (50) units per acre and additional height bonuses.

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(c) Preservation of mature trees qualifies for height bonuses.
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(d) Maximum FAR under incentives shall be 3:1 and maximum height forty-five feet (45'),
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unless underlying zoning allows more.
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34-51-8. Development standards.

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(a) Existing setback requirements shall apply unless waived.
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(b) Municipalities shall not impose minimum unit sizes, lot coverage limits, or mandatory
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open space requirements.
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34-51-9. Review and approval.

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(a) Eligible projects shall be approved through ministerial review.
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(b) Decisions shall be issued within fifteen (15) days of a complete application.
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(c) Permitting and inspections shall be conducted concurrently, with final approvals issued
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within sixty (60) business days.
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34-51-10. Environmental and safety requirements.

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(a) Floodplain projects shall comply with Federal Emergency Management Agency
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(FEMA) and state flood standards.
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(b) Projects on steep slopes shall submit geotechnical analyses and mitigation measures.
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34-51-11. Exemptions.

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(a) Sites within one thousand six hundred feet (1,600') of industrial uses within the meaning
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of Title V of the federal Clean Air Act, 42 U.S.C. §§ 7661-7661f, implemented pursuant to 40 CFR
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Part 70 shall be excluded.
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(b) Environmentally protected lands and wetlands are exempt.
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(c) Additional setbacks may be required near critical infrastructure.
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34-51-12. Enforcement and oversight.

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The Rhode Island housing and mortgage finance corporation shall monitor compliance and
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may refer violations to the attorney general for enforcement.
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34-51-13. Severability.

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If any provision of this chapter is held invalid, the remaining provisions shall remain in
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effect.
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SECTION 3. This act shall take effect upon passage.
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EXPLANATION
BY THE LEGISLATIVE COUNCIL
OF
A N A C T
RELATING TO PROPERTY -- FAITH-BASED AFFORDABLE HOUSING DEVELOPMENT
ACT
***
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This act would allow faith-based organizations to develop affordable and mixed-use
2
housing on land they own as a by-right use, set statewide development standards, limit local
3
barriers, and streamline approvals to expand housing supply.
4
This act would take effect upon passage.
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