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SB 2268

AN ACT RELATING TO TOWNS AND CITIES -- LOW AND MODERATE INCOME HOUSING

2026 Regular Session Introduced by Jake Bissaillon and 8 co-sponsors

Creates a by-right, faith-based pathway to develop affordable and mixed-use housing on owned/controlled land with streamlined approvals and statewide standards.

05/28/2026 Referred to House Municipal Government & Housing
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WeVote Research Nonpartisan
Bill Summary · SB 2268

Summary of Bill SB 2268 (2026) — Faith-Based Affordable Housing Development Act (Rhode Island)

Purpose and Intent

  • Establishes a new framework to allow faith-based organizations to develop affordable housing and mixed-use projects on land they own or control.
  • Seeks to address Rhode Island’s housing shortage by removing discretionary barriers and creating a by-right pathway for qualifying projects.
  • Creates statewide standards and preempts conflicting local regulations to streamline approvals while preserving safety and consistency with fair housing requirements.

Key Provisions and Changes

Definition and Scope (Chapter 51)

  • Adds a new chapter to Title 34 (Property): “Faith-based Affordable Housing Development Act.”
  • Defines terms used throughout the chapter, including:
    • Active ground floor: space on the ground floor for public-facing or commercial uses.
    • Affordable housing: units restricted to households earning ≤80% of area median income (AMI), with compliance aligned to HUD determinations and state low-income housing tax credit timeframes.
    • Ancillary uses: supportive uses for faith-based missions (e.g., child care, social services, small-scale commercial up to 3,000 sq ft).
    • Development site: land owned/leased/controlled by a faith-based organization for residential, commercial, or mixed-use development.
    • Ministerial review: non-discretionary approval based on objective standards (no public hearings or subjective judgments).
    • Net habitable square feet, project, public benefit incentive, serviced lot, steep slope, etc.

Project Eligibility (34-51-3)

  • Projects must be owned or controlled by a faith-based organization via fee ownership or at least 55-year lease.
  • Development sites must be in zones permitting residential, commercial, institutional, civic, single-family, duplex, or multifamily uses (industrial zones allowed only if residential is permitted).
  • Mixed-use developments must dedicate at least 60% of net habitable square feet to residential use.
  • Projects must comply with building, fire, health, life-safety codes and the federal Fair Housing Act.

State Preemption (34-51-4)

  • The act preempts conflicting local ordinances/regulations.
  • Municipalities cannot impose discretionary review, extra fees, or conditions beyond those for comparable by-right developments.
  • Prohibits targeted regulations that single out faith-based projects.

Affordable Housing Standards (34-51-5)

  • Municipalities may adopt generally applicable affordability ordinances in line with the chapter.
  • Affordability limits tied to state LIHTC periods and HUD income/rent schedules.

Base Development Incentives (34-51-6)

  • Provides baseline density: 30 dwelling units per acre.
  • If higher density/height is allowed nearby, the project may receive the higher allowance.
  • Allows exceeding height limits by up to 1 story or 15 feet; base FAR of 2:1.
  • No minimum parking requirements for residential or ancillary uses.

Bonus Incentives (34-51-7)

  • Active ground floor ancillary uses provide a FAR bonus of 0.5.
  • Projects with 40%+ two-bedroom units may gain higher density (up to 50 units/acre) and additional height bonuses.
  • Preservation of mature trees qualifies for height bonuses.
  • Maximum FAR under incentives: 3:1; maximum height: 45 feet (unless underlying zoning permits more).

Development Standards (34-51-8)

  • Applies existing setback rules unless waived.
  • Municipalities cannot require minimum unit sizes, excessive lot coverage, or mandatory open space.

Review and Approval (34-51-9)

  • Eligible projects are approved via ministerial review (non-discretionary).
  • Decision timeline: within 15 days of a complete application.
  • Permitting and inspections run concurrently; final approvals within 60 business days.

Environmental and Safety (34-51-10)

  • Floodplain projects must comply with FEMA/state flood standards.
  • Projects on steep slopes require geotechnical analysis and mitigation.

Exemptions (34-51-11)

  • Excludes sites near industrial uses under Clean Air Act Title V from certain provisions.
  • Environmentally protected lands and wetlands are exempt.
  • Additional setbacks may be required near critical infrastructure.

Enforcement and Oversight (34-51-12)

  • Rhode Island Housing and Mortgage Finance Corporation monitors compliance.
  • Violations may be referred to the attorney general for enforcement.

Effective Date

  • Takes effect upon passage.

Who Is Affected

  • Faith-based organizations owning or controlling development sites seeking to build affordable/mixed-use housing.
  • Municipalities and local zoning boards (subject to preemption and ministerial-review framework).
  • Residents/households eligible for affordable housing (≤80% AMI).
  • Local housing, planning, and permitting agencies implementing standards and incentives.

Procedural and Timeline Aspects

  • Ministerial review process intended to expedite approvals, with a defined 15-day decision window after a complete application and final approvals within 60 business days.
  • Statewide preemption reduces local discretion and accelerates project timelines, subject to safety and environmental requirements.

Notable Implications

  • By-right pathway could significantly reduce development time for eligible projects.
  • Incentives (density, height, and FAR bonuses) encourage affordable and mixed-use outcomes, particularly with active ground-floor uses, two-bedroom unit composition, and tree preservation.
  • Strong oversight and compliance mechanisms to ensure alignment with affordable housing goals and Fair Housing Act requirements.

Overall, SB 2268 proposes a structured, faster-tracked framework to mobilize faith-based lands for affordable housing and mixed-use development, with standardized statewide rules and limited local regulatory friction.

Compiled from official sources — confirm details with the bill’s official record.

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