480 R.I. Code R. 480-RICR-00-00-2.5

Current through December 3, 2024

Section 480-RICR-00-00-2.5 - Procedure for Filing an Appeal with the State Housing Appeals Board

A. Such appeal shall be taken within twenty (20) days after the date of the notice of the decision of the Local Review Board by filing with the State Housing Appeals Board the following documents and information:

1. a statement from the applicant describing the prior proceedings and the reasons upon which the appeal is based; and

2. a copy of a completed Comprehensive Permit application as it was submitted to the Local Review Board including:

a. a letter of eligibility issued by the Rhode Island Housing Mortgage Finance Corporation, or in the case of projects primarily funded by the U.S. Department of Housing and Urban Development or other state or federal agencies, an award letter indicating the subsidy, or application in such form as may be prescribed for a municipal government subsidy; and

b. a written request to the local review board to submit a single application to build or rehabilitate low or moderate income housing in lieu of separate applications to the applicable local boards. The written request shall identify the specific sections and provisions of applicable local ordinances and regulations from which the applicant is seeking relief; and

c. a proposed timetable for the commencement of construction and completion of the project; and

d. a sample land lease or deed restriction with affordability liens that will restrict use as low and moderate income housing in conformance with the guidelines of the agency providing the subsidy for the low and moderate income housing, but for a period of not less than thirty (30) years; and

e. identification of an approved entity that will monitor the long-term affordability of the low and moderate income units; and

f. a financial pro-forma for the proposed development; and

g. for comprehensive permit applications:

(1) not involving major land developments or major subdivisions including, but not limited to, applications seeking relief from specific provisions of a local zoning ordinance, or involving administrative subdivisions, minor land developments or minor subdivisions, or other local ordinances and regulations: those items required by local regulations promulgated pursuant to applicable state law, with the exception of evidence of state or federal permits; and for comprehensive permit applications; and

(2) involving major land developments and major subdivisions, unless otherwise agreed to by the applicant and the town; those items included in the checklist for the master plan in the local regulations promulgated pursuant to R.I. Gen. Laws § 45-23-40; and

h. the list of all persons entitled to notice in accordance with R.I. Gen. Laws § 45-24-53); and

i. A certificate of completeness issued by the Administrative Officer of the municipality in which the appeal was filed; and

j. notwithstanding the submission requirements set forth above, the State Housing Appeals Board may request additional, reasonable documentation throughout the public hearing, including, but not limited to, opinions of experts, credible evidence of application for necessary federal and/or state permits, statements and advice from other local boards and officials.

B. The State Housing Appeals Board shall forthwith notify the Local Review Board and all persons on the applicant's list filed pursuant to R.I. Gen. Laws § 45-53-4(1)(vii) of the filing of the appeal and shall post the notice of appeal in the City or Town hall in which the Local Review Board is located for a period of not less than 10 days.

C. The Local Review Board shall, within ten (10) days of the receipt of such notice, transmit to the State Housing Appeals Board a transcript describing its decision, the reasons for the decision, who was present and a record of their vote and a finding of facts. The Chair of the State Housing Appeals Board may waive submission for good cause.

D. Upon timely application any person or persons who can demonstrate that their property will be injured by a reversal or modification of the decision of the Local Review Board shall be permitted to move to intervene. Such person or persons may move to intervene by submitting a letter to the State Housing Appeals Board setting forth the basis for their intervention no later than 10 days after the date of the sending by the State Housing Appeals Board of notice pursuant to § 2.5(B) of this Part. The State Housing Appeals Board shall rule on all motions to intervene.

E. The State Housing Appeals Board may require reasonable fees from the filing party in an amount not to exceed actual costs incurred including, but not limited to, the costs associated with the provision of staffing, legal services, and a stenographic record of its proceedings, postage and photocopying.

1. The following fee schedules shall apply to all appeals filed to the State Housing Appeals Board:

a. For-profit developers: - $6,000 basic fee for projects up to 25 units plus $30 for each unit above the base of 25 units

b. Non-profit developers: - $2,000 basic fee for projects up to 25 units and public agencies, plus $10 for each unit above the base of 25 units

2. The fee shall be paid in full upon the filing of the appeal by check payable to Rhode Island Housing and Mortgage Finance Corporation.

3. Applicant may file a motion requesting that the State Housing Appeals Board reduce the applicable filing fee. The motion must accompany the filing of the appeal, and a minimum fee of 10% of the total fee or $500, whichever is greater, must be paid at that time. In reviewing the motion, the State Housing Appeals Board will determine the appropriate filing fee after weighing good cause specifically cited by the applicant.

480 R.I. Code R. 480-RICR-00-00-2.5