Town of East Greenwich, RI Article VIII Affordable Housing Commission

[Adopted 11-6-2006 by Ord. No. 780]

§ 34-28 Collection and deposit of fees.

A. The Town Council shall adopt, after a public hearing, the methodology for the determination of the fee in lieu of construction to be charged under this article.

B. Fee collection. The Finance Director shall receive and collect all fees and shall deposit and maintain such fees dedicated to the development and preservation of affordable housing in a separate and segregated account known as the "Affordable Housing Trust Fund," which shall be administered and distributed as provided herein. Any funds that remain unused or unallocated in such fund at the end of the Town's fiscal year (including interest, other earned income, or repayment on loans) shall remain deposited in and for the use of the Affordable Housing Commission in the next fiscal year.

§ 34-29 Establishment; composition; compensation; officers; meetings.

[Amended 3-9-2009 by Ord. No. 802]

A. Establishment. There shall be and is hereby established a commission consisting of five members to be known as the "Affordable Housing Commission."

B. Appointment. The members of the Affordable Housing Commission shall be appointed by the Town Council.

C. Qualifications. Each member of the Affordable Housing Commission shall be a resident and elector of the Town of East Greenwich and shall not be delinquent on any tax obligation to the Town of East Greenwich. Each member of the Affordable Housing Commission shall be chosen for his or her demonstrated interest in preserving and/or promoting the development of affordable housing and the stabilization of neighborhoods in the Town of East Greenwich.

D. Term. Members shall be appointed for terms of three years. Initial appointments shall be made so as to stagger term expirations. Two members shall be appointed for three years, two members shall be appointed for two years, and one member shall be appointed for one year.

E. Compensation. Members of the Affordable Housing Commission shall serve without compensation.

F. Quorum. For the purpose of conducting any official business, three members of the Affordable Housing Commission shall constitute a quorum.

G. Election of officers. The members of the Affordable Housing Commission shall elect, by a majority vote of the total members of the Affordable Housing Commission, officers consisting of a Chair, Vice Chair and Secretary.

H. Compliance with Open Meetings Law.[1] All meetings of the Affordable Housing Commission shall be held and conducted in accordance with the Open Meetings Law. All records of the Commission shall be held and be subject to public disclosure in accordance with the law.

[1] Editor's Note: See R.I.G.L. § 42-46-1 et seq.

§ 34-30 Operation; powers and duties.

A. The Town Manager or designee shall be responsible for the carrying out of the functions, duties and purposes of the Affordable Housing Commission and shall perform these and such additional duties as assigned by the Town Council.

B. Budget. The budget of the Commission shall be approved by the Town Council and subject to all Town policies and procedures.

[Amended 6-12-2017 by Ord. No. 871]

C. Annual report. The Commission shall prepare an annual report at the conclusion of the Town's fiscal year. The report shall set forth the state of affordable housing in the Town, describing the activities and functions of the Affordable Housing Commission, summarizing the developments, programs and services funded by the Affordable Housing Commission, and setting forth the expenditures made by the Affordable Housing Commission from the Affordable Housing Trust Fund.

D. Powers and duties.

(1) Study and recommendations. The Affordable Housing Commission shall make (or seek from other sources) an ongoing study of the status and quality of affordable housing in the Town of East Greenwich and shall make annual recommendations regarding actions to be taken by the Town of East Greenwich to improve the quantity and quality of affordable housing in the Town of East Greenwich.

(2) Programs. The Affordable Housing Commission shall establish and provide funding for a development loan program and a grant program. In addition, the Commission is authorized to create, sponsor, fund and promote such other and further programs and services designed to develop and preserve affordable housing in the Town of East Greenwich, including, but not limited to, education, consulting and technical support.

(a) Loan programs.

[1] The Commission is authorized to make low-interest and no-interest loans to housing developers for the rehabilitation, modification, construction and preservation of affordable housing in the Town of East Greenwich, provided that all loans made hereunder shall be subject to land use restriction agreements that the units will be used for affordable housing for their entire useful economic life, and all loans for new construction shall incorporate universal design standards to provide affordable housing for the disabled. The loan proceeds shall be disbursed by the Finance Director as approved by the Town Council with a recommendation by the Affordable Housing Commission. Loans shall be for approved eligible construction costs actually incurred and not for administrative project costs such as developer overhead, development fees, or other expenses.

[2] Notwithstanding any ordinance to the contrary, construction of any new affordable housing units under this article shall be exempt from the Town's impact fee.

(b) Grant programs. The Affordable Housing Commission is authorized to make forgivable loans and grants to housing developers, property owners and tenants to promote the development and preservation of affordable housing in the Town of East Greenwich, provided that all grants made hereunder shall be administered to promote neighborhood stabilization and shall contain, where appropriate, conditions such as reasonable restrictions on and provisions for the oversight of tenants and landlords. Projects eligible for grants include, but are not limited to, projects such as modifications to accommodate people with disabilities; lead-based paint abatement; emergency home repair assistance; temporary emergency services to prevent homelessness (including mortgage assistance, rent assistance, and utility assistance); emergency and transitional housing; security deposit, utility deposit, down payment and closing costs assistance; and correction of building or fire code deficiencies. Each project eligible for funding shall be sponsored by a housing or neighborhood organization operating in the immediate project area. The grant proceeds shall be disbursed by the Finance Director as approved by the Town Council with a recommendation by the Affordable Housing Commission. Grants shall be approved for actual construction costs actually incurred and not for administrative project costs such as development overhead, development fees or other expenses.

(c) Construction program. The Affordable Housing Commission is authorized to acquire property for the purpose of construction or conversion to affordable units which are managed or sold by the Affordable Housing Commission and the Town Council.

E. Support services. All loans and grants made hereunder shall include provisions for support services where appropriate to promote the development and preservation of affordable and accessible housing in the Town of East Greenwich.

F. Review standards. For the purposes of carrying out the provisions of this article, the Affordable Housing Commission shall have the authority to establish written standards, rules and regulations for funds from the Affordable Housing Trust Fund that shall be made to and for the benefit of households earning no more than 80% of the area's median income.

G. Funding restrictions and preferences.

(1) Health and safety. The recipient of any expenditure of funds from the Affordable Housing Trust Fund shall comply with all applicable federal, state and local laws relating to health and safety, including, but not limited to, housing codes, occupation safety codes, product codes and standards, and consumer safety.

(2) Antidiscrimination. The recipient of any expenditure of funds from the Affordable Housing Trust Fund shall comply with all applicable federal, state and local laws relating to discrimination on the basis of race, national origin, sex, sexual orientation, age or other prohibited classifications. The Affordable Housing Commission may give preference to funding projects that require the use of 30% or greater participation of minority business enterprises or disadvantaged business enterprises or that promote the employment opportunities of persons with low income or persons with disabilities.

(3) Environmental impact. The recipient of any expenditure of any funds from the Affordable Housing Trust Fund shall comply with all applicable federal, state and local laws relating to the environment. The Affordable Housing Commission may give preference to funding projects that exceed existing environmental requirements and standards or that incorporate energy-efficient designs and materials.