House passes legislation to encourage the construction of ADUs – Herb Weiss

By Herb Weiss, contributing writer on aging issues

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.

Herb Weiss, LRI -12, is a Pawtucket-based writer who has covered aging, health care and medical issues for over 43 years.  To purchase his books, Taking Charge: Collected Stories on Aging Boldly and a sequel, compiling weekly published articles, go to herbweiss.com.