Bill Sponsors
Pearson, and Thompson
Committee
Senate Housing & Municipal Government
Summary
Select
This legislation amends state zoning laws to standardize the regulation of Accessory Dwelling Units (ADUs), commonly known as in-law apartments. It allows homeowners to build one ADU by right under specific conditions, such as on lots larger than 20,000 square feet or within an existing structure. The bill prevents municipalities from imposing strict barriers, such as excessive lot requirements, high fees, or bans based on family status. It also voids Homeowner Association rules that prohibit ADUs but explicitly bans these units from being used as short-term rentals.
Sponsor
Analysis
Pros for Progressives
- Increases the supply of housing within existing neighborhoods, promoting density and potentially lowering housing costs for working-class families and individuals.
- Protects community stability by explicitly banning the use of these units for short-term tourist rentals, ensuring they serve long-term residents rather than investors.
- Reduces exclusionary zoning practices by preventing municipalities from using excessive fee structures or lot requirements to block affordable housing options.
Cons for Progressives
- Does not mandate that the new units be rented at below-market rates, meaning they may not be affordable to low-income residents without specific subsidies.
- Limits the ability of municipalities to require infrastructure upgrades for sewer and water, which could strain public resources in denser communities.
- Establishes maximum square footage caps rather than minimums, which could encourage the construction of very small units that may not provide adequate living space for families.
Pros for Conservatives
- Strengthens private property rights by allowing homeowners to utilize their land to build additional structures without excessive interference from local government.
- Reduces bureaucratic red tape and regulatory burdens by capping permit fees and limiting the parking mandates that towns can impose on property owners.
- Facilitates multi-generational living, allowing families to care for elderly relatives or adult children on their own property without government intrusion regarding the relationship of the occupants.
Cons for Conservatives
- Overrides local control and "home rule" by forcing a one-size-fits-all state mandate on towns, stripping communities of their right to determine their own zoning standards.
- Interferes with private contracts by declaring Homeowner Association (HOA) restrictions on accessory units void, disregarding agreements voluntarily signed by property owners.
- Restricts the free market by prohibiting property owners from using their own assets for short-term rentals, limiting their ability to generate income as they see fit.
Constitutional Concerns
The provision in Section 1(b)(6) voiding Homeowner Association (HOA) restrictions could face challenges under the Contract Clause of the Constitution, which generally prohibits states from impairing the obligation of contracts. However, courts may uphold it if deemed a necessary exercise of police power to address a housing crisis. Additionally, the prohibition on short-term rentals could be challenged as a regulatory taking, though such bans are frequently upheld.
Impact Overview
Groups Affected
- Homeowners
- Renters
- Municipal Zoning Boards
- Homeowner Associations
- Real Estate Developers
Towns Affected
All
Cost to Taxpayers
None
Revenue Generated
Amount unknown
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Regulatory
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Bill Status
Current Status
Held
Comm Passed
Floor Passed
Law
History
• 01/09/2026 Introduced, referred to Senate Housing and Municipal Government
Bill Text
SECTION 1. Section 45-24-73 of the General Laws in Chapter 45-24 entitled "Zoning Ordinances" is hereby amended to read as follows:
45-24-73. Design standards required for accessory dwelling units — Consistent statewide treatment of accessory dwelling units required.
(a) Pursuant to § 45-24-37, one accessory dwelling unit (ADU) per lot shall be allowed by right under the following circumstances:
(1) On an owner-occupied property as a reasonable accommodation for family members with disabilities; or
(2) On a lot with a total lot area of twenty thousand square feet (20,000 sq. ft.) or more for which the primary use is residential; or
(3) Where the proposed ADU is located within the existing footprint of the primary structure or existing accessory attached or detached structure and does not expand the footprint of the structure.
(b) Uniform standards.
(1) A municipality may establish a maximum unit size for an ADU but such limitation must allow, subject to applicable dimensional requirements:
(i) A studio or one bedroom ADUof at least up to nine hundred square feet (900 sq. ft.), or sixty percent (60%) of the floor area of the principal dwelling, whichever is less; and
(ii) A two-bedroom (2) ADU ofat least twelve hundred up to one thousand square feet (1,200 sq. ft.) (1,000 sq. ft.), or sixty percent (60%) of the floor area of the principal dwelling, whichever is less.
(2) For all ADU applications, a municipality shall not:
(i) Restrict tenants based on familial relationships or age unless such restriction is necessary to comply with the terms of the federal subsidy related to affordability;
(ii) Charge application or permitting fees for the creation of an ADU that exceed those that would be charged for a new single-family dwelling;
(iii) Require infrastructure improvements in connection with the ADU, including, but not limited to, separate water or sewer service lines or expanded septic system capacity unless such improvements and/or modifications are required by an applicable state agency for compliance under state law or regulation, or to comply with building code requirements, or to address capacity or upgrades necessary to accommodate the ADU;
(iv) Discriminate against populations protected under state and federal fair housing laws;
(v) Impose dimensional requirements or other development standards on ADUs that in any instance exceed the requirements for an accessory structure in the same zoning district;
(vi) Require additional lot area, lot frontage, or lot width for conforming lots or legal nonconforming lots of record solely to accommodate an ADU;
(vii) Require zoning relief for ADU applications proposed within an existing footprint of the primary or accessory structure which is a legal nonconforming structure in order to address the existing dimensional nonconformity;
(viii) Require more than one off-street parking space per bedroom of the ADU;
(ix) Limit ADUs to lots with preexisting dwellings, or otherwise prohibit ADUs as part of applications for new primary dwelling units or subdivisions;
(x) Prohibit an ADU that otherwise complies with this chapter and applicable dimensional regulations from having up to two (2) bedrooms;
(xi) Require an ADU to be exclusively occupied by a household that is low- or moderate- income or less as defined by § 42-128-8.1, unless such ADU is part of an inclusionary zoning or comprehensive permit application; or
(xii) Revoke the permitted status or otherwise require the disassembly of a legally established ADU upon transfer of title or occupancy.
(3) An application for an ADU that is not allowed by right under this section, shall not, by itself, be reviewed as a minor land development or major land development project.
(4) A municipality shall allow ADUs as part of applications for new primary dwelling units or subdivisions. For proposed ADUs that are part of a larger development proposal, a municipality LC003410 - Page 2 of 4 shall not count such ADUs toward density of the proposal for purposes of limiting the number of dwelling units allowed in such development proposal.
(i) Municipalities may utilize a unified development review process for any application that includes ADUs, regardless of whether a city or town has opted into the current unified development review statute.
(5) As part of the approval process, municipalities may exempt ADUs from all or part of utility assessment and/or tie in fees.
(6) Private restrictions on ADUs imposed by condominium associations, homeowner associations, or similar residential property governing bodies, which conflict with the provisions of this section or the definition of an ADU as set forth in § 45-24-31, shall be void as against public policy. Provided, however, if ADUs are allowed by condominium association covenants, homeowner association covenants, or similar residential property governing bodies, they shall be deemed in compliance with this subsection.
(7) The development of ADUs shall not be restricted by any locally adopted ordinance or policy that places a limit or moratorium on the development of residential units in land zoned for residential use.
(8) ADUs shall not be offered or rented for tourist or transient use or through a hosting platform, as such terms are defined in § 42-63.1-2.
SECTION 2. This act shall take effect upon passage.
45-24-73. Design standards required for accessory dwelling units — Consistent statewide treatment of accessory dwelling units required.
(a) Pursuant to § 45-24-37, one accessory dwelling unit (ADU) per lot shall be allowed by right under the following circumstances:
(1) On an owner-occupied property as a reasonable accommodation for family members with disabilities; or
(2) On a lot with a total lot area of twenty thousand square feet (20,000 sq. ft.) or more for which the primary use is residential; or
(3) Where the proposed ADU is located within the existing footprint of the primary structure or existing accessory attached or detached structure and does not expand the footprint of the structure.
(b) Uniform standards.
(1) A municipality may establish a maximum unit size for an ADU but such limitation must allow, subject to applicable dimensional requirements:
(i) A studio or one bedroom ADU
(ii) A two-bedroom (2) ADU of
(2) For all ADU applications, a municipality shall not:
(i) Restrict tenants based on familial relationships or age unless such restriction is necessary to comply with the terms of the federal subsidy related to affordability;
(ii) Charge application or permitting fees for the creation of an ADU that exceed those that would be charged for a new single-family dwelling;
(iii) Require infrastructure improvements in connection with the ADU, including, but not limited to, separate water or sewer service lines or expanded septic system capacity unless such improvements and/or modifications are required by an applicable state agency for compliance under state law or regulation, or to comply with building code requirements, or to address capacity or upgrades necessary to accommodate the ADU;
(iv) Discriminate against populations protected under state and federal fair housing laws;
(v) Impose dimensional requirements or other development standards on ADUs that in any instance exceed the requirements for an accessory structure in the same zoning district;
(vi) Require additional lot area, lot frontage, or lot width for conforming lots or legal nonconforming lots of record solely to accommodate an ADU;
(vii) Require zoning relief for ADU applications proposed within an existing footprint of the primary or accessory structure which is a legal nonconforming structure in order to address the existing dimensional nonconformity;
(viii) Require more than one off-street parking space per bedroom of the ADU;
(ix) Limit ADUs to lots with preexisting dwellings, or otherwise prohibit ADUs as part of applications for new primary dwelling units or subdivisions;
(x) Prohibit an ADU that otherwise complies with this chapter and applicable dimensional regulations from having up to two (2) bedrooms;
(xi) Require an ADU to be exclusively occupied by a household that is low- or moderate- income or less as defined by § 42-128-8.1, unless such ADU is part of an inclusionary zoning or comprehensive permit application; or
(xii) Revoke the permitted status or otherwise require the disassembly of a legally established ADU upon transfer of title or occupancy.
(3) An application for an ADU that is not allowed by right under this section, shall not, by itself, be reviewed as a minor land development or major land development project.
(4) A municipality shall allow ADUs as part of applications for new primary dwelling units or subdivisions. For proposed ADUs that are part of a larger development proposal, a municipality LC003410 - Page 2 of 4 shall not count such ADUs toward density of the proposal for purposes of limiting the number of dwelling units allowed in such development proposal.
(i) Municipalities may utilize a unified development review process for any application that includes ADUs, regardless of whether a city or town has opted into the current unified development review statute.
(5) As part of the approval process, municipalities may exempt ADUs from all or part of utility assessment and/or tie in fees.
(6) Private restrictions on ADUs imposed by condominium associations, homeowner associations, or similar residential property governing bodies, which conflict with the provisions of this section or the definition of an ADU as set forth in § 45-24-31, shall be void as against public policy. Provided, however, if ADUs are allowed by condominium association covenants, homeowner association covenants, or similar residential property governing bodies, they shall be deemed in compliance with this subsection.
(7) The development of ADUs shall not be restricted by any locally adopted ordinance or policy that places a limit or moratorium on the development of residential units in land zoned for residential use.
(8) ADUs shall not be offered or rented for tourist or transient use or through a hosting platform, as such terms are defined in § 42-63.1-2.
SECTION 2. This act shall take effect upon passage.