Bill Sponsors
Representative John G. Edwards
Committee
House Municipal Government & Housing
Summary
Select
This legislation creates a specific mandate for the town of Tiverton regarding housing development. It establishes that if the town's total housing stock contains less than ten percent affordable housing, any new development projects must include a minimum of fifty percent affordable units. This requirement applies to any developer with an approved plan or permit. The fifty percent mandate remains in effect until Tiverton achieves full compliance with the state's ten percent affordable housing threshold.
Sponsor
Analysis
Pros for Progressives
- Drastically accelerates the creation of affordable housing in Tiverton, ensuring low-income individuals have access to shelter in communities that may currently be exclusionary.
- Promotes economic diversity within the town by mandating that half of all new development be accessible to working-class families and individuals.
- Holds developers accountable for community needs rather than just profit, prioritizing the social welfare of residents over luxury housing expansion.
Cons for Progressives
- The fifty percent mandate is so high that it might make development financially impossible, causing developers to stop building entirely and resulting in zero new affordable units.
- Targets only one specific town rather than addressing the systemic statewide housing crisis, potentially creating an inconsistent patchwork of housing rights.
- Does not provide public funding or subsidies to support the mandate, relying entirely on the private market which may fail to deliver the necessary infrastructure.
Pros for Conservatives
- Enforces strict adherence to existing state laws regarding housing quotas, ensuring that municipalities are not ignoring established legal standards.
- May effectively halt rapid urbanization and over-development in the town, as the strict requirements could discourage large-scale construction projects.
- Ensures that if development does occur, the burden of infrastructure expansion is tied to addressing specific statutory deficiencies rather than unchecked growth.
Cons for Conservatives
- Imposes a drastic government mandate on private property owners and developers, stripping them of the freedom to decide how to use their land and capital.
- Disrupts the free market by forcing businesses to sell or rent half their product at below-market rates, likely driving investment away from the town.
- Represents government overreach into local affairs, dictating specific business models to private entities in an attempt to engineer social outcomes.
Constitutional Concerns
There is a moderate risk regarding the Takings Clause of the Fifth Amendment. While inclusionary zoning is generally legal, a 50% set-aside requirement is exceptionally high compared to national norms. If this mandate renders a property economically unviable to develop, it could be challenged as a regulatory taking (depriving the owner of all economically beneficial use) or an unconstitutional exaction that lacks rough proportionality to the impact of the development.
Impact Overview
Groups Affected
- Real estate developers
- Low-income home seekers
- Tiverton town officials
- Construction companies
- Tiverton residents
Towns Affected
Tiverton
Cost to Taxpayers
None
Revenue Generated
None
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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 affordable housing units.
In the town of Tiverton, at any time that there exists less than ten percent (10%) affordable housing in accordance with the provisions of § 45-53-3.1, the minimum number of affordable housing units to be built by any developer in the town pursuant to any approved plan, permit or project shall comprise of at least fifty percent (50%), of the units or dwellings constituting or consisting of affordable housing units until there exists full compliance with affordable housing requirements of chapter 53 of title 45.
SECTION 2. This act shall take effect upon passage.
45-53-17. Tiverton affordable housing units.
In the town of Tiverton, at any time that there exists less than ten percent (10%) affordable housing in accordance with the provisions of § 45-53-3.1, the minimum number of affordable housing units to be built by any developer in the town pursuant to any approved plan, permit or project shall comprise of at least fifty percent (50%), of the units or dwellings constituting or consisting of affordable housing units until there exists full compliance with affordable housing requirements of chapter 53 of title 45.
SECTION 2. This act shall take effect upon passage.