Section 42-64.34-1 - Department establishedEffective January 1, 2023, there is hereby established within the executive branch of the state government a department of housing. The head of the department shall be the secretary of housing, who shall be appointed by the governor with the advice and consent of the senate. The position of secretary is hereby created in the unclassified service. The secretary shall hold office at the pleasure of the governor. Before entering upon the discharge of duties, the secretary shall take an oath to faithfully execute the duties of the office. The secretary of housing shall:
(i) Prior to hiring, have completed and earned a minimum of a master's graduate degree in the field of urban planning, economics, or a related field of study or possess a juris doctor law degree. Preference shall be provided to candidates having earned an advanced degree consisting of an L.L.M. law degree or Ph.D. in urban planning or economics. Qualified candidates must have documented five (5) years' full-time experience employed in the administration of housing policy and/or development;(ii) Be responsible for overseeing all housing initiatives in the state of Rhode Island and developing a housing plan, including, but not limited to, the development of affordable housing opportunities to assist in building strong community efforts and revitalizing neighborhoods;(iii) Coordinate with all agencies directly related to any housing initiatives and participate in the promulgation of any regulation having an impact on housing including, but not limited to, the Rhode Island housing and mortgage finance corporation, the coastal resources management council (CRMC), and state departments including, but not limited to: the department of environmental management (DEM), the department of business regulation (DBR), the department of transportation (DOT) and statewide planning, and the Rhode Island housing resources commission;(iv) Coordinate with the housing resources commission to formulate an integrated housing report to include findings and recommendations to the governor, speaker of the house, senate president, each chamber's finance committee, and any committee whose purview is reasonably related to, including, but not limited to, issues of housing, municipal government, and health on or before April 15, 2025, and annually thereafter. This report shall include, but not be limited to, the following: (A) The total number of housing units in the state with per community counts;(B) Every three (3) years, beginning in 2026 and contingent upon funding for data collection, an assessment of the suitability of existing housing stock in meeting accessibility needs of residents;(C) The occupancy and vacancy rate of the units referenced in subsection (a)(4)(iv)(A);(D) The change in the number of units referenced in subsection (a)(4)(iv)(A), for each of the prior three (3) years in figures and as a percentage;(E) The number of net new units in development and number of units completed in the previous calendar year;(F) For each municipality the number of single-family, two-family (2), and three-family (3) units, and multi-unit housing delineated sufficiently to provide the lay reader a useful description of current conditions, including a statewide sum of each unit type;(G) Every three (3) years, beginning in 2026, a projection of the number of units required to meet estimated population growth and based upon household formation rates;(H) A comparison of regional and other similarly situated state funding sources that support housing development including a percentage of private, federal, and public support;(I) A reporting of unit types by number of bedrooms for rental properties including an accounting of all: (II) Accessory dwelling units;(III) Two-family (2) units;(IV) Three-family (3) units;(V) Multi-unit sufficiently delineated units;(VI) Mixed use sufficiently delineated units; and(VII) Occupancy and vacancy rates for the prior three (3) years;(J) A reporting of unit types by ownership including an accounting of all:(II) Accessory dwelling units;(III) Two-family (2) units;(IV) Three-family (3) units;(V) Multi-unit sufficiently delineated units;(VI) Mixed use sufficiently delineated units; and(VII) Occupancy and vacancy rates for the prior three (3) years;(K) A reporting of the number of applications submitted or filed for each community according to unit type and an accounting of action taken with respect to each application to include, approved, denied, appealed, approved upon appeal, and if approved, the justification for each appeal approval;(L) A reporting of permits for each community according to affordability level that were sought, approved, denied, appealed, approved upon appeal, and if approved, the justification for each approval;(M) A reporting of affordability that shall include the following:(I) The percent and number of units of extremely low-, very low-, low-, moderate-, fair-market rate, and above moderate-income; including the average and median costs of those units;(II) The percent and number of units of extremely low-, very low-, low-, and moderate-income housing units by municipality required to satisfy the ten percent (10%) requirement pursuant to chapter 24 of title 45; including the average and median costs of those units;(III) The percent and number of units for the affordability levels above moderate-income housing, including a comparison to fair-market rent; including the average and median costs of those units;(IV) The percentage of cost burden by municipality with population equivalent;(V) The percentage and number of home financing sources, including all private, federal, state, or other public support;(VI) The disparities in mortgage loan financing by race and ethnicity based on Home Mortgage Disclosure Act data by available geographies;(VII) The annual median gross rent growth for each of the previous five (5) years by municipality; and(VIII) The annual growth in median owner-occupied home values for each of the previous five (5) years by municipality;(N) A reporting of municipal healthy housing stock by unit type and number of bedrooms and providing an assessment of the state's existing housing stock and enumerating any risks to the public health from that housing stock, including, but not limited to: the presence of lead, mold, safe drinking water, disease vectors (insects and vermin), and other conditions that are an identifiable health detriment. Additionally, the report shall provide the percentage of the prevalence of health risks by age of the stock for each community by unit type and number of bedrooms; and(O) A recommendation shall be included with the report required under this section that shall provide consideration to any and all populations, ethnicities, income levels, and other relevant demographic criteria determined by the secretary, and with regard to any and all of the criteria enumerated elsewhere in the report separately or in combination, provide recommendations to resolve any issues that provide an impediment to the development of housing, including specific data and evidence in support of the recommendation. All data and methodologies used to present evidence are subject to review and approval of the chief of revenue analysis, and that approval shall include an attestation of approval by the chief to be included in the report;(P) Municipal governments shall provide the Department of Housing's requested data relevant to this report on or before February 15, 2025 and annually thereafter.(v) Have direct oversight over the office of housing and community development (OHCD);(vi) On or before November 1, 2022, and on or before December 31, 2024 develop a housing organizational plan to be provided to the general assembly that includes a review, analysis, and assessment of functions related to housing of all state departments, quasi-public agencies, boards, and commissions. Provided, further, the secretary, with the input from each department, agency, board, and commission, shall include in the plan comprehensive options, including the advantages and disadvantages of each option and recommendations relating to the functions and structure of the department of housing, including suggested statutory revisions.(vii) Establish rules and regulations as set forth in § 45-24-77.R.I. Gen. Laws § 42-64.34-1
Amended by 2024 Pub. Laws, ch. 117,§ 7-18, eff. 6/17/2024.Amended by 2023 Pub. Laws, ch. 323, § 3, eff. 1/1/2024.Amended by 2023 Pub. Laws, ch. 324, § 3, eff. 1/1/2024.Added by 2022 Pub. Laws, ch. 388, § 2, eff. 6/30/2022.Added by 2022 Pub. Laws, ch. 442, § 2, eff. 6/30/2022.