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S2268Aaa
2026 -- S 2268 SUBSTITUTE A AS AMENDED
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LC004244/SUB A
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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 TOWNS AND CITIES -- LOW AND MODERATE INCOME HOUSING
Introduced By:
Senators Kallman, Bissaillon, DiMario, Gu, Mack, DiPalma, Rogers,
Date Introduced:
January 23, 2026
Referred To:
Senate Housing & Municipal Government
It is enacted by the General Assembly as follows:
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SECTION 1. Chapter 45-53 of the General Laws entitled "Low and Moderate Income
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Housing" is hereby amended by adding thereto the following section:
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45-53-17. Faith-based affordable housing development.
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(a) An applicant may submit a single application for a comprehensive permit to build low-
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or moderate-income housing on land owned by a religious organization, association, or society, or
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a nonprofit organization that is operated, supervised, or controlled by a religious organization,
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association, or society (collectively, “faith-based organizations”) in lieu of separate applications to
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the applicable local boards. This procedure is available in a city or town regardless of whether the
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city or town has low- or moderate-income housing in excess of ten percent (10%) of its year-round
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housing units, but is only available for applications that comply with the following criteria:
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(1) At least fifty percent (50%) of the housing to be developed is low- or moderate-income
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housing;
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(2) The land proposed for development is owned or held in trust for use by a faith-based
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organization on the date of the comprehensive permit application. For the purposes of this section,
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a faith-based organization that subjects a parcel of land to a long-term ground lease of not less than
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ninety-nine (99) years shall still be considered to own the land; and
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(3) The land proposed for development is owned by a faith-based organization that has had
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federal tax-exempt nonprofit status for at least three (3) years prior to application.
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(b) A comprehensive permit application submitted under this section may request
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adjustments for ancillary uses that support the mission of the faith-based organization, including,
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but not limited to, childcare, educational, and community service facilities, or small-scale
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commercial uses not to exceed two thousand (2,000) square feet of gross floor area.
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(c)(1) Any comprehensive permit applicant may elect to apply for and be heard on master
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plan review prior to preliminary plan submission consistent with § 45-53-4(d)(2).
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(2) An application submitted under this section is not subject to a public hearing under §45-
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53-4(d)(3)(iii)(A). Once an administrative officer has certified a preliminary plan application as
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complete or incomplete pursuant to § 45-53-4(d)(3)(ii), the officer shall render a decision on the
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application and shall make findings on each of the standards described in § 45-53-4(d)(3)(iii)(E),
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where applicable, within ninety (90) days of the date the application is certified complete, or within
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a further amount of time that may be consented to by the applicant through the submission of a
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written consent. Failure to act within the prescribed period constitutes approval of the preliminary
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plan, and a certificate as to the failure to act within the required time and the resulting approval
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shall be issued on request of the applicant.
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(3) An application submitted under this section is subject to final plan review as provided
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in § 45-53-4(d)(4), except that any requests for major changes (as defined in the local regulations)
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shall be submitted to the administrative officer.
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(d) Nothing in this section shall be construed to limit or override the provisions of chapter
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45.1 of title 42 (Antiquities Act of Rhode Island), historical area zoning established pursuant to
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chapter 24.1 of title 45, or the authority of the Rhode Island Historical Preservation and Heritage
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Commission established pursuant to chapter 45 of title 42.
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(e) Nothing in this section shall be construed to permit the demolition of any property listed
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in the National Register of Historic Places or the State Register of Historic Places absent written
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approval from the state historic preservation officer.
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(f) Housing units offered for rent or sale after having been built under a comprehensive
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permit issued under this section remain subject to the federal Fair Housing Act pursuant to 42
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U.S.C. § 3607(b) and 24 C.F.R. §§ 100.300-308 and the Rhode Island Fair Housing Practices Act
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pursuant to chapter 37 of title 34.
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SECTION 2. This act shall take effect upon passage.
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EXPLANATION
BY THE LEGISLATIVE COUNCIL
OF
A N A C T
RELATING TO TOWNS AND CITIES -- LOW AND MODERATE INCOME HOUSING
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This act would allow faith-based organizations to develop affordable housing on land they
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own provided at least 50 % of the housing to be developed is low- or moderate-income housing
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and the land is owned or held in trust by the faith-based organization. The act would also allow
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faith-based organizations to request adjustments for uses that support the mission of the faith-based
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organization, including childcare, education, community service, or small-scale commercial uses.
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This act would take effect upon passage.
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LC004244/SUB A - Page 3 of 3