Bill Sponsors
Senator Linda L. Ujifusa
Committee
Senate Housing & Municipal Government
Summary
Select
This legislation updates Rhode Island zoning laws to make it easier for homeowners to build Accessory Dwelling Units (ADUs), commonly known as in-law apartments. It allows one ADU "by right" on owner-occupied properties under specific conditions, such as lot size or within existing structures. The bill prevents municipalities from imposing excessive restrictions, fees, or requiring additional land. It also overrides Homeowner Association (HOA) bans on ADUs. However, the bill strictly prohibits using these units for short-term tourist rentals. Starting July 2026, towns make enact specific ordinances regarding owner-occupancy and affordability.
Sponsor
Analysis
Pros for Progressives
- Increases the housing supply by allowing density in areas zoned for single-family use, which helps address the housing shortage and potentially lowers costs.
- Prohibits the use of Accessory Dwelling Units for short-term tourist rentals, ensuring that new units remain available for long-term residents rather than corporate investors or vacationers.
- Overrides exclusionary policies by Homeowner Associations and municipalities that often serve to keep neighborhoods exclusive and segregate communities based on income or family structure.
Cons for Progressives
- Includes a provision effective in 2026 that allows municipalities to mandate owner-occupancy, which could limit the rental market for tenants if landlords are unable to live on-site.
- Does not strictly mandate that the new units be rented at below-market rates indefinitely, potentially resulting in market-rate units that remain out of reach for the lowest-income residents.
- The requirement for a 20,000 square foot lot for certain "by right" approvals may prioritize suburban development over denser urban areas where the working poor are more likely to live.
Pros for Conservatives
- Strengthens private property rights by allowing homeowners to build on their own land "by right" without needing special permission from local zoning boards.
- Reduces government bureaucracy by prohibiting municipalities from charging excessive application fees or demanding unnecessary infrastructure upgrades.
- Prevents local governments from policing familial relationships by stopping them from restricting who can live in the accessory unit based on family status.
Cons for Conservatives
- Interferes with private contracts by declaring Homeowner Association (HOA) and condominium covenants that restrict ADUs as void and against public policy.
- Overrides local control, forcing municipalities to accept higher density and specific zoning rules dictated by the state government rather than local voters.
- Restricts the free market and property rights by explicitly banning property owners from using their own structures for short-term rentals or hosting platforms.
Constitutional Concerns
There is a moderate constitutional risk regarding the Contracts Clause. The bill explicitly voids private restrictions imposed by condominium and homeowner associations ("shall be void as against public policy"). While states can alter contract obligations for a significant public purpose (like a housing crisis), voiding existing private covenants is often litigated. Additionally, the prohibition on short-term rentals restricts property use, though courts generally uphold such zoning restrictions.
Impact Overview
Groups Affected
- Homeowners
- Renters
- Municipal Planning Departments
- Homeowner Associations
- Developers
Towns Affected
All
Cost to Taxpayers
None
Revenue Generated
None
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Bill Status
Current Status
Held
Comm Passed
Floor Passed
Law
History
• 02/13/2026 Introduced, referred to Senate Housing and Municipal Government
• 03/27/2026 Scheduled for hearing and/or consideration (04/02/2026)
• 04/02/2026 Committee recommended measure be held for further study
• 03/27/2026 Scheduled for hearing and/or consideration (04/02/2026)
• 04/02/2026 Committee recommended measure be held for further study
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 LC004950 - 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.
(c)(1) Notwithstanding any provisions in subsections (a) or (b) of this section, or in §§ 45- 24-31 or 45-24-37, to the contrary, effective July 1, 2026, a municipality may, through regulation or ordinance, provide for any and all of the following with respect to ADUs:
(i) Require that primary residences with ADUs shall be owner-occupied for at least five (5) years;
(ii) Require that ADUs which are not occupied by family members and caretakers shall be rented at affordable rates; and
(iii) Limit the size of ADUs to one thousand square feet (1,000 sq. ft.).
(2) The provisions of § 45-24-73(c) are enabling and not mandatory.
SECTION 2. This act shall take effect on July 1, 2026.
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 LC004950 - 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.
(c)(1) Notwithstanding any provisions in subsections (a) or (b) of this section, or in §§ 45- 24-31 or 45-24-37, to the contrary, effective July 1, 2026, a municipality may, through regulation or ordinance, provide for any and all of the following with respect to ADUs:
(i) Require that primary residences with ADUs shall be owner-occupied for at least five (5) years;
(ii) Require that ADUs which are not occupied by family members and caretakers shall be rented at affordable rates; and
(iii) Limit the size of ADUs to one thousand square feet (1,000 sq. ft.).
(2) The provisions of § 45-24-73(c) are enabling and not mandatory.
SECTION 2. This act shall take effect on July 1, 2026.