Bill Sponsors
Representative John G. Edwards
Committee
House Municipal Government & Housing
Summary
Select
This legislation grants the town of Tiverton the authority to enact an emergency moratorium on new applications for low and moderate-income housing projects. Specifically, if the town already has 500 or more units proposed in comprehensive permit projects, it can refuse to accept or process any further applications. The bill states that any application submitted during this freeze will not be granted grandfathered status. Tiverton is permitted to maintain this moratorium until the state amends the existing laws regarding comprehensive permit requirements.
Sponsor
Analysis
Pros for Progressives
- Prevents potential over-development that could outpace the town's ability to provide necessary social services and infrastructure, ensuring existing community resources aren't overwhelmed.
- Provides a pause to allow for more thoughtful community planning, preventing profit-driven developers from exploiting comprehensive permit laws without regard for long-term sustainability.
- Allows the municipality time to reassess local needs to ensure that future housing developments are integrated responsibly rather than rushed through administrative loopholes.
Cons for Progressives
- Directly hinders the creation of low and moderate-income housing, exacerbating the housing crisis and limiting options for working-class families and disadvantaged groups.
- Empowers exclusionary zoning practices (NIMBYism) that often serve to keep marginalized populations out of specific communities under the guise of "overcrowding."
- Sets a negative precedent that allows individual towns to opt out of their shared responsibility to provide equitable housing solutions for the state's population.
Pros for Conservatives
- Reinforces the principle of local control, allowing the town of Tiverton to manage its own growth and zoning without excessive interference from state mandates.
- Protects the character of the community and existing property values by preventing a rapid influx of high-density housing developments.
- Provides a check against developers who may be using state permit laws to bypass local regulations and force unwanted large-scale projects into the town.
Cons for Conservatives
- Interferes with the free market and property rights by restricting landowners and developers from utilizing their property for lawful construction projects.
- Grants the government arbitrary power to halt economic activity and business investment based on a specific unit count threshold.
- Creates regulatory uncertainty for investors and builders by removing grandfathering protections for applications submitted during the moratorium.
Constitutional Concerns
This bill carries moderate constitutional risk. The moratorium's duration is indefinite, tied to a future legislative amendment that may never occur, which could be challenged as a violation of Due Process. Additionally, the explicit denial of grandfathered status for applications submitted during the moratorium could be litigated as a regulatory taking or a violation of vested rights, particularly if a developer has already expended significant resources in reliance on existing regulations before the freeze is fully implemented.
Impact Overview
Groups Affected
- Real Estate Developers
- Tiverton Residents
- Low-Income Renters
- Municipal Planning Officials
- Landowners
Towns Affected
Tiverton
Cost to Taxpayers
None
Revenue Generated
None
BillBuddy Impact Ratings
Importance
Measures population affected and overall level of impact.
Freedom Impact
Level of individual freedom impacted by the bill.
Public Services
How much the bill is likely to impact one or more public services.
Regulatory
Estimated regulatory burden imposed on the subject(s) of the bill.
Clarity of Bill Language
How clear the language of the bill is. Higher ambiguity equals a lower score.
Enforcement Provisions
Measures enforcement provisions and penalties for non-compliance (if applicable).
Environmental Impact
Impact the bill will have on the environment, positive or negative.
Privacy Impact
Impact the bill is likely to have on the privacy of individuals.
Bill Status
Current Status
Held
Comm Passed
Floor Passed
Law
History
• 01/15/2026 Introduced, referred to House Municipal Government & Housing
Bill Text
SECTION 1. Chapter 45-53 of the General Laws entitled "Low and Moderate Income Housing" is hereby amended by adding thereto the following section:
45-53-17. Tiverton emergency moratorium.
(a) If the town of Tiverton, shall at any time have an aggregate of five hundred (500) or more units proposed in a comprehensive permit project or projects, the town of Tiverton may enact an emergency moratorium and not accept or process further applications. No application proposed, offered, submitted or tendered during any moratorium imposed pursuant to the provisions of this section shall have any grandfathered status.
(b) The town of Tiverton, upon adoption of any moratorium in accordance with the provisions of subsection (a) of this section, may continue to impose the moratorium until such time as comprehensive permit requirements in § 45-53-4 are amended.
SECTION 2. This act shall take effect upon passage.
45-53-17. Tiverton emergency moratorium.
(a) If the town of Tiverton, shall at any time have an aggregate of five hundred (500) or more units proposed in a comprehensive permit project or projects, the town of Tiverton may enact an emergency moratorium and not accept or process further applications. No application proposed, offered, submitted or tendered during any moratorium imposed pursuant to the provisions of this section shall have any grandfathered status.
(b) The town of Tiverton, upon adoption of any moratorium in accordance with the provisions of subsection (a) of this section, may continue to impose the moratorium until such time as comprehensive permit requirements in § 45-53-4 are amended.
SECTION 2. This act shall take effect upon passage.