R.I. Gen. Laws ch. 42-11.2 § 42-11.2-5
Application for assistance payments by owner
Operative Text
(a) The executive department shall take applications for the unit based rental assistance program from eligible owners or prospective eligible owners of units eligible for assistance under this chapter. (b) The executive department shall require, as prerequisites to its approval of any application or its commitment of financial assistance hereunder, that: (i) Any current eligible owner of units eligible for assistance under this chapter demonstrate that the financing of its acquisition, construction, or substantial rehabilitation of those units was secured upon reasonable terms acceptable to the department; (ii) Any prospective eligible owner of units eligible for assistance under this chapter secure the financing of its acquisition, construction, or substantial rehabilitation of the units upon the best reasonably available terms and conditions; and (iii) Any eligible owner or prospective eligible owner of units eligible for assistance under this chapter specifically agree to make at least fifty percent (50%) of all units available for and affordable to eligible tenants, as defined in § 42-11.2-11, in perpetuity, or until such time as the department determines and specifically rules that the units may be disposed of or otherwise utilized in a manner and in circumstances in which: (A) The occupants of such units will not be involuntarily displaced; and (B) Such disposal or utilization will not adversely affect the availability of affordable housing in the city or town in which the units are located. (iv) Notwithstanding the provisions of subsection (b)(iii), any eligible owner that is a limited partnership with a corporate general partner that is either a nonprofit housing development corporation or wholly owned by a nonprofit housing development corporation and that had commenced construction prior to the effective date of this chapter on the housing units for which rental assistance payments are sought pursuant to this chapter shall be eligible for assistance under this chapter; provided, that the executive department has approved a plan submitted by the eligible owner providing for the future acquisition of the housing units by the nonprofit housing development corporation for the purpose of preserving the long-term affordability of the housing units eligible under this chapter. (c) For purposes of this section, a unit is considered to be affordable if the rent charged for the unit is no greater than the maximum fair market rent for the particular size unit as established by the U.S. Department of Housing and Urban Development for the Section 8 existing housing program under 42 U.S.C. § 1437f, and as the same may be amended from time to time. (d) The executive department may contract with an appropriate agency for the purpose of servicing the rental assistance program provided, however, the department may not delegate its authority to enter into contracts as provided herein.
Rhode Island General Laws § 42-11.2-5 establishes the process by which the state's executive department accepts and evaluates applications for a unit-based rental assistance program. Owners or prospective owners seeking assistance must meet specific financing standards and must commit to keeping at least 50% of eligible units affordable to qualifying tenants—generally in perpetuity—unless the department formally determines that disposal or alternative use will not displace occupants or reduce affordable housing availability in the area. Affordability under this section is benchmarked to HUD's Section 8 fair market rents under 42 U.S.C. § 1437f. A limited exception exists for certain nonprofit-affiliated limited partnerships that had already begun construction before the chapter took effect, provided they submit an approved plan for long-term affordability preservation.
Plain English — not legal advice.
Under § 42-11.2-5, owners and prospective owners applying for Rhode Island's unit-based rental assistance program are generally expected to demonstrate that their project financing was secured on reasonable terms and to formally commit that at least half of all assisted units will remain available and affordable to eligible tenants, as defined in § 42-11.2-11, in perpetuity. Compliant operators typically document their financing arrangements in a manner acceptable to the executive department and structure their agreements to reflect the affordability benchmarks tied to HUD Section 8 fair market rents. Owners who are limited partnerships with a nonprofit corporate general partner and who had begun construction before the chapter's effective date should be aware of the specific eligibility pathway outlined in subsection (b)(iv), which requires an approved long-term affordability plan.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 42-11.2-5 creates meaningful protections for tenants living in units that receive assistance under this program, most notably the requirement that at least 50% of eligible units remain affordable—defined by HUD Section 8 fair market rent standards—in perpetuity unless the department formally rules otherwise. The provision also requires that any future disposal or change in use of those units must not involuntarily displace current occupants or reduce affordable housing availability in the community. Tenants who believe these commitments are not being honored may wish to contact the Rhode Island executive department administering the program, consult a local tenant-rights organization, or explore whether a formal complaint process is available through the relevant state agency.
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.
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