The "Opening the Market for Housing in Urban Areas Act of 2023" is a legislative proposal aimed at increasing the availability of affordable housing in urban areas by promoting the development of middle housing types such as duplexes, triplexes, and townhouses in zones previously designated for single-family dwellings. Municipalities with populations of 20,000 or more are required to allow these housing types in residential zones, with certain exceptions. The bill also mandates that local governing bodies may regulate the siting and design of middle housing, but not in a way that unreasonably increases costs or delays development. It sets a deadline for municipalities to adopt or amend land use regulations to comply with the new chapter and allows for extensions under specific circumstances. The bill amends sections of the Rhode Island Comprehensive Planning and Land Use Act to include additional requirements for comprehensive plans, which must now consider a 20-year planning timeframe and address various community and environmental factors.

The bill also introduces changes to the process for approving the construction of low- or moderate-income housing, allowing for a single comprehensive permit application for projects with at least 25% low- or moderate-income housing. It outlines the application process, review procedures, and the ability for local review boards to request additional documentation. New legal language requires municipalities to use U.S. Census Bureau data for housing needs assessments and gives the local review board the authority to issue permits with conditions or deny them based on local needs. The bill sets timelines for construction and occupancy of approved housing units and limits the number of units for-profit developers can propose annually. It imposes a temporary moratorium on comprehensive permit applications from for-profit developers, with potential extensions, and requires towns not in conformity with housing provisions to prepare a comprehensive housing plan element. The bill also standardizes the process for converting single-family dwellings into up to four residential units and prohibits single-family residential zoning in larger municipalities, mandating zoning regulations for middle housing. The act becomes effective upon passage.

Statutes affected:
5938: 45-53-4, 23-27.3-105.3