House passes legislation to encourage the construction of ADUs

Published in RINewsToday on May 29, 2023

Rhode Islanders will be able to develop accessory dwelling units (ADUs) on their property under legislation sponsored by Rep. June S. Speakman (D-District 68, Bristol/Warren) and approved by the House. When the dust settled, H 6082 Aaa was passed by a vote of 61-10.  Of the 10 who voted against, 8 were Republicans and 2 were Democrats.  

Speakman had the backing of Speaker K. Joseph Shekarchi and his leadership team.  The legislation is co-sponsored by Majority Whip Katherine Kazarian (D-District 63, East Providence, Pawtucket), who is the number three ranking member in House leadership, and also by Chairman Stephen Casey (D-District 50, Woonsocket), who chairs the House Municipal Government and Housing Committee where the bill is still being considered. Speakman chairs the House Commission on Low- and Moderate-Income Housing, as well.

Other cosponsors of the ADL legislation are: Rep. Megan Cotter (D-District 39, Exeter, Richmond); Rep. Jason Knight (D-District 67, Barrington; Rep. Susan R. Donovan (D-District 69, Bristol and Portsmouth; Rep. Teresa A. Tanzi (D-District 34, Narragansett, South Kingston); Rep. Cherie Cruz (D-District 58, Pawtucket); Rep. Terri Cortvriend (D-District 72, Middletown, Portsmouth). A similar bill (2023-S 1006) has been introduced in the Senate by Sen. Victoria Gu (D-Dist. 38, Charlestown, Westerly).

House lawmakers give thumbs up to ADUs

AARP Rhode Island’s successful efforts to enact ADL legislation last year gives more zoning flexibility to the types of structures and arrangements that would quality as ADUs.  During the 2023 legislative session, the state’s largest aging group working closely with House lawmakers, aging and housing groups to advance H 6082 Aaa to make further tweaks to allow more Rhode Islanders to make further improvements to their homes by giving them an opportunity to develop ADUs on their property.   

The ADU legislation was written in collaboration with AARP Rhode Island, for whom increasing production of ADUs has been a primary policy goal for several years.

A video on ADUs from AARP: https://www.facebook.com/AARPRI/videos/1010939269550548/

With the passage of H 6082 Aaa, part of the 14-bill housing package backed by Shekarchi to encourage housing production, the Senate begins its debate on a companion measure (S 1006), introduced by Sen. Victoria Gu (D-Dist. 38, Charlestown, Westerly).

ADUs, sometimes called “in-law apartments” and “granny flats,” are accessories to existing housing, either as a conversion of part of a house (such as with a walkout basement), an attachment to a house or a smaller, detached dwelling. They have become increasingly popular around the nation in recent years as states and municipalities grapple with expanding the existing housing stock while preserving the feel of residential neighborhoods. Seniors, especially, have taken to ADUs as a way to downsize their living space while staying independent in the community they love.

The bill would provide homeowners 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 satisfies building code, size limits and infrastructure requirements.

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

Combatting the Housing Crisis

“For many people, especially single people and older adults, ADUs provide just enough space and could be a more affordable option than a larger, traditional apartment. For some, they might make it possible to stay in their neighborhood or near family members after downsizing from their own home, or they might be an opportunity to live in a neighborhood where apartments are scarce or are otherwise out of their price range,” said Speakman in a statement announcing the passage of H 6082 Aaa. “We need more rental units of all types in our state, and making it easier for homeowners to use their extra space in this manner is an avenue that will help develop some in relatively short order without altering anyone’s neighborhood or requiring new, expensive construction,” she said.

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

“Our housing crisis is very complex, and we must be creative and identify all the tools we can to create housing that makes the most of our resources. This particular bill 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,” said Speakman. “This is a step in the right direction toward a goal that is going to require a cooperative effort across the state for years into the future,” she adds.

Speakman considers H 6082 to be a small but important part of the much broader effort that Rhode Island must adopt to encourage the development of affordable housing.

Strong support for creating ADUs

In her testimony before the House Municipal Government and Housing Committee where the bill is the being considered (before passage on the House floor), AARP Rhode Island State Director Catherine Taylor stated that passing H 6082 Aaa would be a “great step forward” to improve the existing ADU legislation and to provide municipalities with guidance on how to apply the law in their locality.

ADUs can potentially improve the lives of seniors, caregivers, and people of all ages, too, says Taylor. According to AARP Rhode Island’s November 2021 Vital Voices survey over 54% of Rhode Islanders over age 45 would consider creating an ADU if the space was available. In addition, a strong majority (84%) of Rhode Islanders aged 45 and over strongly or somewhat support town ordinances that makes it easier for property owners to create an ADU. “Allowing ADUs by right where the proposed ADU is located within the existing footprint of the primary structure or existing secondary attached or detached structure and does not expand the footprint of the structure will provide the housing options and security that Rhode Island residents are looking for,” notes Taylor.

In addition to the AARP, the bill 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, RI Realtors, and Housing Network RI.

Although there was no opposition at the committee hearing for the legislative proposal, the House GOP caucus supports the concept, but expressed concerns about its impact on Rhode Island communities.  When the legislative proposal came to the House Floor no Republican lawmakers voted for H 6082Aaa.

GOP supports ADU concept but opposes passage as written

“While ADUs have been a fabric of housing throughout Rhode Island including the rural districts that I represent, they bring with them some concerns that should not be overlooked,” says House Minority Leader Michael Chippendale (R-District 40, Foster, Glocester).” The current proposal can be modified into an effective tool to help combat the housing shortage, but it requires input from all of our municipalities – particularly those like the ones in my remote district,” he notes.

Chippendale says that this legislative proposal currently before the Assembly isn’t inherently bad, but it needs to consider the challenges it creates for all 39 municipalities. “For example – if there is not sufficient off-street parking, which this bill severely limits, towns like Foster, Glocester, Western Coventry and others can have problems. Issues such as snow plowing an already narrow roadway, the passage of large vehicles such as fire trucks, garbage trucks and others that can be impacted by cars parking on the roads.  Further, they can represent a drain on limited resources such as drinking water when more people are being allowed to draw from an existing aquifer that may already be operating under duress. The same applies to neighborhoods that have water districts with limited water supply,” he adds. 

With Speakman’s ADU Legislation passed on the House floor, it is now time for the Senate to act and pass its companion measure.  Expanding ADUs in Rhode Island communities is sound housing policy that will provide access to much needed housing. Yes, it is the right thing to do.  

To download a copy of AARP Rhode Island’s “The ABCs of ADUs,” watch a Tutorial on ADUs and find other resources, go to: www.aarp.org/RIADU.

Use ARPA Funds to Make Rhode Island “Age Friendly”

Published on the November 1, 2021 in RINewsToday

With the first public hearing cancelled because of Wednesday’s nor’easter on Oct. 26, Gov. Dan McKee and Lt. Gov Sabina Matos, along with Commerce Director Stefan Pryor and their staff, came to Warren’s Hope & Main to kick off the second public hearing to gather comments about the recently released “Rhode Island 2030: Charting a Course for the Future of the Ocean State.”  The 55-page “working” paper studied and analyzed options for spending the funds authorized by the American Rescue Plan Act (ARPA).

Over 50 people came to Warren to give their suggestions as to how the COVID-19 federal dollars should be spent. Problems to address included: lack of affordable housing, the growing homeless program, recovering from the pandemic and rebuilding the state’s economy, and creating an age-friendly state.  

During his testimony, West Warwick resident Vincent Marzullo advised McKee and Matos not to forget Rhode Island’s increasing aging population. According to Marzullo, 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. 

While many of the Rhode Island’s 2030 report’s draft recommendations, as well as suggestions from the RI Foundation and AFL-CIO, are worthy, “what is obvious in the current draft is the lack of specific attention, focus and strategy needed to get to an age-friendly designation, said Marzullo, a well-known aging advocate who served as a federal civil rights and social justice Director in Rhode Island for the Corporation for National & Community Service.

“Don’t we now have an obligation to insure better healthcare, safety, housing, livability, caregiving, etc. for this aging population?” Marzullo asked.  

One way for Rhode Island to accomplish this is to join the AARP Age-Friendly Network of States and Communities, which defines eight interconnected domains that can help to identify and address barriers to the well-being and participation of older people. 

State Director Catherine Taylor says that AARP Rhode Island has been working toward making Rhode Island age-friendly for most of the past three years and in a letter back in mid-July urged the governor and state leaders to use ARPA to accelerate AARP’s effort.  

“We are on the cusp of an opportunity to improve livability dramatically,” adds Taylor. “AARP Rhode Island has urged Governor McKee and state leaders to designate a substantial portion of the $1.8 billion in federal ARPA funds to areas that contribute to further development of age-friendly cities and towns — prioritizing healthcare, housing, public transportation, and the long-term services and supports that are essential to older Rhode Islanders,” she says.

The defined domains of AARP Age-Friendly cities are: Outdoor Spaces and Buildings (people need public places to gather — indoors and out); Transportation (driving shouldn’t be the only way to get around); Housing; Social Participation; Respect and Social Inclusion; Work and Civic Engagement; Communication; and Information and Community and Health Services.

Eight other states have obtained “Age-Friendly” status in collaboration with AARP and The World Health Organization (WHO).  

“Well-designed, livable communities promote well-being, sustain economic growth, and make for happier, healthier residents — of all ages,” said Taylor. “That is why AARP has guided Newport, Cranston, Providence and, most recently, Westerly into membership in the AARP Network of Age-Friendly States and Communities. While we are in discussion with other towns and cities who have shown interest, it has been our goal for some time to see that the State of Rhode Island also joins,” she says.

“A key benefit of the Network is the abundance information and support that membership provides. State leaders would have access to global resources on age-friendly best practices, models of assessment and implementation, and the experiences of other states, cities and towns around the world,” notes Taylor.

“The Network helps participating communities become great places for people of all ages by adopting features such as safe, walkable streets; better housing and transportation options; access to key services; and opportunities for residents to participate in civic and community activities. We believe that Rhode Islanders of all ages prefer living in an age-friendly environment. Many, especially older people, are eager to be involved in the process,” adds Taylor.

Marzullo urged McKee to issue an Executive Order, charging the Lt. Governor to convene representatives from the aging community to design and develop an operational plan for Rhode Island to be designed as an “Age Friendly State.”  The groups should include AARP, Age Friendly RI (RIC), the Long-Term Care Coordinating Council (LTCCC), RI Office of Healthy Aging, United Way RI, RI Senior Center Directors Association, RI Elder Info, Senior Agenda Coalition/RI & the RI Commission on National & Community Service (RIDE). 

Creating a Well-Designed Livable Community for Seniors

Maureen Maigret, policy consultant and chair of the Aging in Community Subcommittee of Rhode Island’s Long-Term Care Coordinating Council, notes that the Subcommittee has worked successfully to address “age friendly” domains for several years and that Rhode Island’s 2023 State Plan on Aging also calls for the state to be designated as ‘Age Friendly’ and to work with its partners to promote livable communities for all ages.

“While a formal state commitment through an Executive Order has not happened a number of state agencies such as Environmental Management have been working to embrace age-friendly principles in their work, says Maigret, noting our Rhode Island municipalities have made a commitment to make their communities age-friendly.

In a Sept. 23 Providence Journal op-ed, Maigret called for making Rhode Island age-friendly, recommending that the General Assembly invest in the state’s growing older population. “Knowing that 50-70% of older persons will need some type of long-term services as they age, our most important immediate challenge is to stabilize the paid workforce that helps with the supports needed to remain living at home and to ensure we provide quality congregate care,” says Maigret. 

“We must take immediate steps to secure competitive, living wages for our direct care workers who assist with these tasks and to provide more supportive services for our hundreds of unpaid caregivers who care for loved ones, adds Maigret.  “By looking ahead to 2030, it makes sense to direct a small portion of the federal ARPA funds to communities to both enhance the work of our local senior centers and local Villages and volunteer programs as well as to initiate other age-friendly effort,” she says. 

Maigret calls on Rhode Island’s 39 Cities and Towns to use some of the significant ARPA funds to complement any state funds coming their way for such activities. But for now, stabilizing the long-term care workforce is critical.

A Final Thought…

“The COVID pandemic demonstrated the vulnerability and inequities within both our communities of color and older adults.  In formulating policy and budget investments for the future, Rhode Island has a unique opportunity to promote a statewide “Age Friendly” environment and incorporate the principles of a “beloved community” – a prescription for a healthy society,” says Jim Vincent, President of NAACP’s Providence Branch.

Vincent calls on the Governor and Lt. Governor to give serious attention to not only rebooting our economy, but to strengthening our social fabric and public education to foster a more equitable and civil society. 

Make your voices heard. Now is the time for creative ideas and reactions to the McKee-Matos’ Rhode Island 2030 draft report, which is why they are holding public input sessions. Please take the time to be an advocate for seniors in Rhode Island – and for other causes and issues that are important to you.

Public input sessions will be held at 5 p.m. on the following dates:

Tuesday, Nov. 2 at the Community College of Rhode Island, Warwick

Thursday, Nov. 4 at Innovate Newport (513 Broadway, Newport)

Tuesday, Nov. 9 at United Theatre (5 Canal Street, Westerly)

You can also submit your feedback, online, at www.RI2030.com

For a copy of the McKee-Matos working paper, go to https://ri2030.com/_files/public/RI%202030_final.pdf.

For details about AARP Livable Communities Network (age-friendly communities, to to https://www.aarp.org/livable-communities/network-age-friendly-communities/.