Tag Archives for K. Joseph Shekarchi

ADU legislation sailing through lower chamber

Published in RINewstoday on February 5, 2024

With the strong support of House Speaker K. Joseph Shekarchi, one of nine cosponsors of H. 7062,  last week the House Committee on Municipal Government and Housing approved a legislative proposal that would be a boost to housing production by helping Rhode Islanders to develop accessory dwelling units (ADUs) on their property. The legislative proposal was approved on a partisan vote of 10-2 with Rep. Brian Newberry (R-Dist. 48, North Smithfield, Burrillville) and Rep. Patricia Morgan (R-Dist. 26, West Warwick, Coventry, Warwick) voting nay. The legislative proposal is expected to be considered by the full House of Representatives the week of February 12.

ADUs (Accessory Dwelling Units), sometimes referred to as in-law apartments or granny flats (not a term we like), backyard cottages, or secondary units, are accessories to existing housing, created as a conversion of part of a house (such as from a walkout basement or garage), an attachment to a house, or a smaller, detached dwelling. They have become increasingly popular around the country in recent years as states and municipalities balance the need to create more housing while preserving the character of residential neighborhoods. 

Seniors, especially, have taken to ADUs as a way to downsize while continuing to live independently in their community. The bill was written in collaboration with AARP Rhode Island, for whom increasing production of ADUs has been their primary policy goal for several years.

While being a relative is the most common relationship, it should not be a necessary one, with short term rentals are not allowed so ADUs do not function as BNBs. Also, while most commonly intended for seniors facing limited incomes and downsizing needs, ADUs are also popular with professionals or adult children.

Encouraging the development of Affordable Housing

H. 7062, introduced by Rep. June S. Speakman (District 68, Bristol/Warren), chairwoman of the House Commission on Housing Affordability, would boost the state’s housing production by making it easier for homeowners to develop ADUs on their property.  It would give the property owner the right to develop an ADU within the existing footprint of their structures or on any lot larger than 20,000 square feet, provided that the design complies with local building code, size limits and infrastructure requirements.

The purpose of Speakman’s legislation proposal is to encourage the development of rental units that are likely to be more affordable than many other apartments, and also to provide opportunities for homeowners with extra space to generate income that helps them maintain ownership of that property.

Speakman said the legislation is a small but important part of the much broader effort that the Ocean State must adopt to encourage the development of affordable housing. Since its inception in 2021, she has chaired the Affordable Housing Commission, helping to achieve the passage of 17 bills to help address elements of the housing crisis over the previous two legislative sessions.

To ensure that this legislation achieves its goal of housing Rhode Islanders, it prohibits ADUs constructed under this provision from being used as short-term rentals, and streamlines the permitting process.

“We are experiencing an ‘age wave’ in Rhode Island: one in four people in our state will be age 65 or older within the next several years,” said Shekarchi, the bill’s top co-sponsor in a statement announcing committee passage of H 7062. “ADUs are a great way to give seniors more options so they can age in place. They empower seniors to remain in their own homes, maintaining their independence and privacy, with family members or others in close proximity for additional support if needed. And, with Rhode Island facing a severe housing shortage, ADUs are a great way to add more housing units to our supply without changing the character of a neighborhood. ADUs are a win all around,” he says.

“One of the drivers of our housing crisis is the low construction rate in Rhode Island. Our state has the lowest per-capita construction rate in the whole country,” charges Speakman, the primary sponsor of H 7062, who calls on local and state officials to be creative and be willing to allow construction of housing, particularly affordable, moderate, and small units like ADUs.

Increasing Housing Options in the Ocean State

“ADUs are an excellent option because they are generally affordable to build and to rent. Because they are small and often can be created without even altering the footprint of the existing building, they don’t change the character of their neighborhood. They are mutually beneficial to the renter and the homeowner, who can use the rental income to make their own homeownership more affordable, says Speakman,” stressing that ADUs can allow seniors to age in place, close to their families.

“We should be encouraging development of ADUs, because they offer another housing option for Rhode Islanders and a relatively simple way to make more units available in the near term and help ease the housing crunch in Rhode Island,” observes Speakman.

“Every Rhode Islander needs a safe home that they can afford, and the only way we are going to make that happen is to build more homes,”  adds Speakman, noting that the legislative proposal removes some of the obstacles to building ADUs while respecting municipal land use policies. “Our commission learned that there are many people in Rhode Island who already have space that they’d like to use in this way, but our laws make it complicated. We desperately need housing, so it’s in the public’s interest to make it easier,” she says.

Along with AARP Rhode Island, H.7062 has the support of numerous organizations and agencies, including the Rhode Island League of Cities and Towns, Rhode Island Housing, the American Planning Association Rhode Island Division, Grow Smart RI and Housing Network RI.

In the Upper Chamber

“I am happy to see my colleagues in the House again moving forward to allow more homeowners to utilize accessory dwelling units. ADUs offer the ‘missing middle’ – housing that is smaller, more affordable and smartly repurposes our existing buildings and garages,” says Sen. Victoria Gu (D-Dist. 38, Westerly, Charlestown, South Kingstown).  The Senator is poised to submit a Senate ADU legislative proposal for drafting this week

“Homeowners can be a part of the solution to the housing crisis by creating or converting a garage, basement or shed into an ADU and offering it as a long-term rental. Then they have the benefit of receiving some additional income or housing a loved one. It’s a win-win,” adds Gu.

Sen. Meghan E. Kallman (D-Dist. 15, Pawtucket, Providence), who championed ADU legislation in the Senate last year, is strongly committed to working with Gu, to see an enacted ADU law this session. “In a time of extraordinary housing shortage, we need to be creative. ADUs are excellent choices for seniors or young adults, and offer affordable options for people at different phases of their lives. As we saw in the RISD ADU design competition in January, such buildings can also be very beautiful. I’m looking forward to working with my colleagues in committee and in the chamber overall to get this bill across the finish line,” she says.

Ever since June 2023, a coalition of stakeholders, including housing advocates and the AARP, have met with Senators, including both Gu and Kallman, once a month to strengthen and clarify the ADU bill that the House passed last year. Most of the Senate revisions are technical, but there will be three key differences between the House version and the current Senate draft that must be ironed out. They are:  

•             Allowing municipalities to regulate owner occupancy for ADUs. For example, requiring the owner to occupy either the main house or the ADU.

•             Allowing municipalities to set minimum rental periods for ADUs that are longer than 30 days but not more than one year.

•             Prohibiting the sale of an ADU separately, in terms of ownership, from the main house.

A Final Note…

With enactment of ADU legislation to allow Rhode Islanders do develop this housing option on their property, lawmakers might consider taking a look as to how other states are providing grants to boost its production.  

According to the California Housing Finance Agency, new funding laws incentivize and promote the creation of ADUs by providing grants up to $40,000 to reimburse pre-development and non-recurring closing costs with the construction of an ADU. Pre-development costs include site prep, architectural designs, permits and soil tests, impact fees, property surveys, and energy reports. 

The House and Senate must work out their differences to pass ADU legislation this legislative session, sending legislation to send to Gov. Dan McKee to sign into law.  Lawmakers might consider investigating best practices in other states, like California’s grant program, to make it easier to add much needed housing in Rhode Island. 

Editor’s Note: Reached late Sunday for comment on why she does not support this ADU bill, Rep. Patricia Morgan, wrote, “I believe that each municipality’s planning and zoning boards should have control over land use in their community. This legislation is taking away local control.”

To see testimony presented on Jan. 25, 2024, before the House Committee on Municipal Government Hearing on H. 7062, go to https://capitoltvri.cablecast.tv/show/167?site=1,

To watch the House Committee on Municipal Government and Housing’s vote and passage of H. 7062, held on Feb. 1, 2024, go to https://capitoltvri.cablecast.tv/show/196?site=1or. 

House Study Commission could create first state plan on aging in Rhode Island

Published in RINewsToday on March 20, 2023

With oversight of the state’s aging programs and services scattered among state agencies charged with overseeing a fragmented long-term care (LTC) system, House Deputy Majority Leader Lauren Carson (D-District 75, Newport) tossed H 5224 into the legislative hopper. The bill calls for the creation of a Special Legislative Commission (to be referred to as House Study Commission), with 14 members, to study and provide recommendations to coordinate the state’s program and services provided to older residents.  The commission, charged with taking a comprehensive look at the funding, coordination and delivery of state agency programs and services to older Rhode Islanders, would be required to report its findings and recommendations to the House no later than Feb. 7, 2024, and it would expire on May 7, 2024.

According to House Communications Director Larry Berman, “Legislation to create commissions are requested when issues need greater study than just one hearing. Commissions usually consist of House members, along with experts in the field, who will meet on multiple occasions and then develop recommendations to the House.”

The Nuts and Bolts

The House Study Commission’s legislative charge would include making a comprehensive study of key statistics that includes compiling demographic and financial statistics, and health status of older Rhode Islanders, and taking a look at their strengths and vulnerabilities to enable them to stay in the community. It would assess federal, state and local programs available, examining duplication of services, and provide recommendations as to how to eliminate red tape and better coordinate services among state agencies to improve the delivery of programs and services.

Its final report would also review and provide recommendations for the funding of services through State, Federal, and private grants, and provide recommendations for more efficient distribution and use of these dollars. It would also include making recommendations for the creation of a portal to provide and coordinate aging programs and services in the areas of employment, education, independent living, accessibility, and advocacy, as well as local older adult centers and services. 

Also, recommendations would be provided on mental health, transportation, food access, and health care. The commission would also explore and provide recommendations for additional regionalization of services.

Aging Organizations and Advocates push for passage

Last week, the primary sponsor of H 5224, and supporters, testified before the House Health and Human Services (HHS) Committee to give their thoughts about the creation of a House Study Commission and its positive impact on the delivery of programs and services to older Rhode Islanders.

Carson, the primary sponsor, opened up the hearing on the legislation telling lawmakers that many programs for older Rhode Islanders fall in different places around the state. “Even professionals are having problems navigating the system, never mind family, friends and parents,” she says, referencing a conversation she had with a Director of a Newport-based Senior Center, discussing the challenges during the COVID pandemic to navigate the system at state-level, providing services to her older clients.

“If we look back over the last 20 years, we used to have a cabinet-level position on Aging, then we had a Division on Aging, and  now we have an Office on Aging,” says Carson, noting that we have an increasing amount of older people in Rhode Island. She called for lawmakers to return the Office of Healthy Aging at a cabinet-level.

By creating a House Study Commission, lawmakers can look in an organizational way at how programs are being offered to seniors,” says Carson.  

According to George Neubauer, Chair of the Senior Agenda Coalition of Rhode Island (SACRI), an advocacy coalition representing 21 organizations, told lawmakers that SACRI had called for candidates at its Gubernatorial forum held last August to create a Rhode Island Strategic Plan on Aging. This plan would help the state look at its infrastructure and coordination of services for its rapidly growing older population, he said. At this time Rhode Island has no such plan, he said. 

In his testimony, Neubauer stated: “While the purpose of this proposed House Study Commission does not specifically call for development of a state Strategic Plan on Aging, it does call for a comprehensive look at our older population. “It would be charged with providing recommendations of collaboration, coordination within agencies, funding of services, and recommendations in areas of importance to older adults’ needs and quality of life, he added.

 “A number of states have developed what are sometimes referred to as Master Plans on Aging (including California, Massachusetts and New York). A Master Plan could be a roadmap to help the state transform its infrastructure and coordinate services for its older persons.  The findings and recommendations of this study Commission could lead to development of such a plan for Rhode Island,” says Maureen Maigret, former Director of the Rhode Island Department of Elderly Affairs (now the Office of Healthy Aging) and Chair of the Aging in Community Subcommittee of the Long-Term Care Coordinating Council.

It is now time for the creation of the House Study Commission, says Vincent Marzullo, who served 31 years as a career federal civil rights and social justice administrator at the National Service Agency, and a well-known aging advocate. “For the first time in recorded history, there are more people over the age of 64 in the world, than children under five. In Rhode Island, over 31 percent of residents are age 55 or older, and by 2030 one-quarter of our population will be over 65,” he says.

“Don’t we now have an obligation to ensure better healthcare, safety, housing, livability, caregiving, etc. for this aging community?” asked Marzullo, noting that during the pandemic more than 90% of the deaths were individuals over 60 —- and 53% of overall deaths were congregate care residents.

“With the lessons learned over the past two years and the devastating impact of COVID on our older adults, it’s critical that we reexamine our aging infrastructure, the needs for services, and the local service capabilities to this growing population, adds Marzullo, calling for “a serious, adult conversation that is long overdue to take place with the aging community, service providers and lawmakers about designing our plan for a more ‘Age-Friendly’ RI, which supports local senior centers as the local hub for the delivery of services.”

Deborah Burton, Executive Director of RI Elder Info, said that enacting H 5224 is “an essential step” towards improving the lives of older Rhode Islanders. “By studying our current services and initiatives, identifying future needs, and identifying potential areas for improvement, we can ensure that all older adults in our state have access to the resources they need to achieve wellbeing and maintaining maximum independence in ways that value, empower and engage them,” she said.

Carmela Greer, Executive Director of Edward King House Senior Center, gave her views as to why it is important to establish a House Aging Commission authorized by H 5224. “This opportunity to document who does what, when, for whom, with what dollars is a common-sense approach to building a comprehensive cost-effective way to care for the other of our most vulnerable populations second only to children,” she said.

According to Greer, who also serves as Policy Committee Lead for the RI Senior Center Directors Association, once this policy road map is designed, “smart decisions can be made to establish where the money can be saved, where duplication can be eliminated, and where existing funding can be re-directed, where duplication can be eliminated, and where existing funding can be re-directed to serve all parties involved.”

In concluding her testimony, Greer said: “We don’t want to re-invent the wheel.  We want to fix the one we have.”

Where House Leadership Stands…

House Minority Leader Michael L. Chippendale (R-District 40, Coventry, Foster, Glocester), goes on the record supporting Carson’s call to create a special legislative commission to study aging policy in the state. “House Republicans recognize the fact that RI is aging and how important it is to coordinate our services to cut duplicity and inefficiencies. A study commission establishes a deep dive public discussion into an understanding of our statewide need, and lessens the possibility of bureaucratic, unintended consequences, which can occur in the submission of haphazard bills,” he says, noting that “Republicans also believe that this is an area, where if the topics are properly vetted, the state can cut costs and bring efficiency to our core government senior services.”

“I support the concept of this commission and I am certainly open to it, but I need to discuss it further with the sponsor, Representative Lauren Carson, before recommending further action. I look forward to speaking with her in the coming weeks of the legislative session,” says House Speaker K. Joseph Shekarchi (D-District 23, Warwick).

Shekarchi and his leadership team will evaluate all legislative resolutions creating House Study Commissions introduced this legislative session to determine which one(s) will be allowed to proceed for a committee, and ultimately, floor vote.  At press time, there is no fiscal note. Creating House Study Commissions must have adequate resources and staffing for their operations. 

With H 5224 having bipartisan support, aging organizations hope that Speaker Shekarchi sees the importance of allowing a committee and floor vote on this resolution.  Democratic and Republican lawmakers must lobby the House Speaker for his endorsement to support passage of this very important commission. Every Rhode Islander will ultimately need to access comprehensive aging programs and services in their later years.

House debate on Carson’s Health Study Commission may well create the political will down the road after it releases its report leading to the creation of Rhode Island’s first Strategic Plan on Aging.

H 5224 cosponsors are Representatives Samuel A. Azzinaro (D-District 37, Westerly), Thomas E. Noret (D-District 25, West Warwick), Susan R. Donovan (D-District 69, Bristol, Portsmouth), House Majority Whip Katherine S. Kazarian (D-District, East Providence), Karen Alzate (D-District 60, Central Falls, Pawtucket), Jason Knight (D-District 67, Barrington, Warren),  and Kathleen Fogarty (D-District 35, South Kingston.

To show your support for H 5224, contact your House Representative.  Go to https://www.rilegislature.gov/representatives/default.aspx. You can also contact House Speaker Shekarchi by calling (401) 222-2447.  Or email, rep-shekarchi@rilegislature.gov.