R.I. Gen. Laws ch. 34-45 § 34-45-4

Definitions

In Force
Verified 10/26/2026 · Next check 11/2/2026
effective 10/15/2026Rhode IslandAffordable Housing Programs

Operative Text

R.I. Gen. Laws ch. 34-45 § 34-45-4
Terms used in this chapter shall be defined as follows, unless another meaning is
expressed or clearly apparent from the language or context:


(1) "Appurtenant land" means only the land and related facilities which are currently
dedicated to the federally insured or assisted rental units, and does not include
land which may be dedicated to nonfederally insured or assisted units under common
ownership, whether or not the land is currently dedicated to federally insured or
assisted rental units.


(2) "Corporation" means the Rhode Island housing and mortgage finance corporation, a corporation,
instrumentality and agency of the state established pursuant to the Rhode Island housing
and mortgage finance corporation act, chapter 55 of title 42.


(3) "Department" means the department of administration.


(4) "Development" means any structure or group of structures situated in the state which
is federally insured or assisted; provided, however that the term "development" does
not include any structure or group of structures which are not federally insured or
assisted, although such structures may be commonly owned with units that receive such
federal assistance or sent to such units; and provided further than this chapter shall
not apply to a development whose owner gave notice to the United States department
of housing and urban development pursuant to § 262 of the Housing and Community Development
Act of 1987, 42 U.S.C. § 1437f(c), of termination of the housing assistance payment contracts for the development prior
to June 10, 1988.


(5) "Federally insured or assisted" means any:


(i) Low income housing units insured or assisted under §§ 221(d)(3) and 236 of the National
Housing Act, 12 U.S.C., § 1701 et seq.,


(ii) Low income housing units produced with assistance under 42 U.S.C. § 1437f, and


(iii) Rural low income housing financed under § 515 of the Housing Act of 1949, 12 U.S.C. § 1701 et seq.


(6) "Owner" means an individual, corporation, association, partnership, joint venture,
or business entity which holds title to a development.


(7) "Rental unit" or "unit" means that part of a development which is rented or offered
for rent for residential occupancy and includes an apartment, efficiency apartment,
room, suite of rooms, and any appurtenant land to the rental unit.


(8) "Tenant" means a tenant, subtenant, lessee, sublessee, or other person entitled to
possession, occupancy, or receiving the benefits of, a federally insured or assisted
rental unit within a development.


(9) "Tenant association" means an association or other organization that represents at
least a majority of the tenants in federally insured or assisted rental units in a
development, excluding those tenants which have not resided in the development for
at least ninety (90) days and those tenants who have been an employee of the owner
during the preceding one hundred twenty (120) days.


(10) "Use restrictions" means any federal, state, or local statute, regulation, ordinance,
or contract which as a condition of receipt of any housing assistance, including a
rental subsidy, mortgage subsidy or mortgage insurance, to a development:


(i) Establishes maximum limitations on tenant income as a condition of eligibility for
occupancy of the units within a development; or


(ii) Imposes any restrictions on the maximum rents that could be charged for any of the
units within a development; or


(iii) Requires that rents for any of the units within a development be reviewed by any governmental
body or agency before the rents be implemented.
Source: Legislative text reproduced verbatim
Plain English

Section 34-45-4 of Rhode Island General Laws Chapter 34-45 establishes the precise meanings of key terms used throughout the chapter governing federally insured or assisted rental housing. These definitions set the boundaries of who and what the chapter covers, including which properties qualify as a "development," who counts as a "tenant" or "tenant association," and what constitutes "use restrictions" tied to federal housing assistance. Notably, the chapter explicitly excludes developments whose owners gave HUD notice of terminating housing assistance payment contracts before June 10, 1988.

Written by anthropic/claude-sonnet-4.6 · Reviewed on October 15, 2026

Plain English — not legal advice.

For Property Managers

Property owners and managers operating federally insured or assisted housing in Rhode Island should be familiar with the definitions in § 34-45-4, as they determine whether a given property and its ownership structure fall within the chapter's scope. The definition of "owner" is broad, encompassing individuals, corporations, partnerships, joint ventures, and other business entities that hold title to a qualifying development. Understanding how "use restrictions" are defined under this section is particularly relevant, as it encompasses federal, state, and local statutes, regulations, and contracts that impose income eligibility limits, rent caps, or rent-review requirements tied to housing assistance.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Tenants living in federally insured or assisted rental housing in Rhode Island benefit from knowing how § 34-45-4 defines key terms, since those definitions determine who is protected under Chapter 34-45. The definition of "tenant association" under this section is significant, as it sets out the criteria—including a majority-representation threshold and minimum residency requirements—that an organization must meet to act on behalf of residents. Tenants who believe their housing qualifies under these definitions and want to understand their rights may find it helpful to consult a tenant-rights organization or legal aid provider familiar with Rhode Island housing law.

General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.

Generated October 15, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.

Effective Timeline

Current
Oct 15, 2026
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References Out

Rules and statutes cited by this regulation

R.I. Gen. Laws ch. 42-55
Not yet ingested
42 U.S.C. § 1437f
Not yet ingested
12 U.S.C. § 1701
Not yet ingested

References In

Rules and statutes that cite this regulation

R.I. Gen. Laws § 34-45-8
R.I. Gen. Laws § 34-45-5
R.I. Gen. Laws § 34-45-5
R.I. Gen. Laws § 34-45-8
R.I. Gen. Laws § 34-45-7
R.I. Gen. Laws § 34-45-5
R.I. Gen. Laws § 34-45-4
R.I. Gen. Laws § 34-45-5

Related Rules

§ 574.605
§ 574.605 Applicability of uniform administrative requirements, cost principles, and audit requirements for Federal awards.
§ 574.625
§ 574.625 Conflict of interest.
§ 574.645
§ 574.645 Coastal barriers.

Source Information

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