Bill Sponsors
Pearson, and Thompson
Committee
Senate Housing & Municipal Government
Summary
Select
This legislation updates statewide zoning laws to make it easier for homeowners to build Accessory Dwelling Units (ADUs), often known as in-law apartments or granny flats. It allows one ADU by right on owner-occupied properties under specific conditions, such as for disabled family members or on larger lots. The bill standardizes rules across municipalities, preventing towns from imposing excessive fees, requiring extra land, or banning ADUs based on family relationships. However, it explicitly prohibits using these units for short-term tourist rentals and requires that units not occupied by family members be rented at affordable rates.
Sponsor
Analysis
Pros for Progressives
- Mandates that ADUs not occupied by family members must be rented at affordable rates, directly increasing the stock of affordable housing and preventing price gouging.
- Prohibits the use of ADUs for short-term tourist rentals, ensuring that new housing stock remains available for long-term residents rather than being commodified for profit.
- Prevents discrimination by prohibiting municipalities from restricting tenants based on familial relationships, allowing for more diverse household structures.
Cons for Progressives
- Allows development "by right" on large lots, which may bypass local community input and environmental review processes typically required for new construction.
- The requirement for a 20,000 square foot lot (unless attached or for disability) may exclude homeowners in denser, lower-income urban neighborhoods from benefiting from the law.
- Does not mandate that the construction of these units be done with union labor or meet specific green building energy efficiency standards.
Pros for Conservatives
- Strengthens property rights by allowing homeowners to build on their own land "by right" without needing to seek discretionary permission from local zoning boards.
- Supports family values by making it easier for homeowners to create housing for elderly parents or disabled family members on their own property.
- Reduces bureaucratic red tape and eliminates excessive fees that municipalities often charge for permits and infrastructure requirements.
Cons for Conservatives
- Overrides local control by forcing municipalities to accept state-mandated zoning rules, undermining the authority of local governments to manage their communities.
- Imposes rent control by dictating that units not occupied by family must be rented at government-defined "affordable" rates, interfering with the free market.
- Voids private contracts by declaring Homeowner Association (HOA) and condo restrictions against ADUs as void and against public policy.
Constitutional Concerns
The bill declares private restrictions imposed by condominium and homeowner associations void as against public policy. This could potentially violate the Contract Clause of the Constitution (Article I, Section 10), which prohibits states from passing laws impairing the obligation of contracts, although courts sometimes allow this for significant public purposes. Additionally, the requirement to rent at "affordable" rates could theoretically be challenged as a regulatory taking, though this is a difficult legal standard to meet.
Impact Overview
Groups Affected
- Homeowners
- Renters
- Municipalities
- Homeowner Associations
- Real Estate Developers
Towns Affected
All
Cost to Taxpayers
None
Revenue Generated
None
BillBuddy Impact Ratings
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Regulatory
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Environmental Impact
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Privacy Impact
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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 ADU of at least 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 of at least twelve hundred square feet (1,200 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 shall not count such ADUs toward density of the proposal for purposes of limiting the number of LC003409 - Page 2 of 4 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.
(9) ADUs not occupied by a family member or caretaker of a family member shall only be offered for rent at a rate considered affordable in compliance with the affordable housing provisions of § 42-128-8.1.
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 of at least 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 of at least twelve hundred square feet (1,200 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 shall not count such ADUs toward density of the proposal for purposes of limiting the number of LC003409 - Page 2 of 4 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.
(9) ADUs not occupied by a family member or caretaker of a family member shall only be offered for rent at a rate considered affordable in compliance with the affordable housing provisions of § 42-128-8.1.
SECTION 2. This act shall take effect upon passage.