R.I. Gen. Laws ch. 45-53 § 45-53-3.2

Approved monitoring agent program

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. 45-53 § 45-53-3.2
(a) There is hereby established an approved monitoring agent program (the "program").
Effective July 1, 2022, the Rhode Island housing resources commission (the "commission")
established pursuant to chapter 128 of title 42 shall appoint and oversee approved monitoring agents as part of this program.


(b) On or before July 1, 2023, the commission shall promulgate rules and regulations pursuant
to chapter 35 of title 42 ("administrative procedures") for the implementation of the program, which shall
include a process for the selection and approval of monitoring agents. These rules
and regulations shall be prepared to ensure the selection and appointment of organizations
that shall be capable of monitoring and ensuring that municipally subsidized housing
developments remain affordable, and that income-eligible buyers and tenants are occupying
these units. The commission shall appoint these monitoring agents, who shall serve
for terms of not more than five (5) consecutive years; provided that, the term of
an approved monitoring agent may be renewed by the commission.


(c) As used in this section, the term "LMI" means low- and moderate-income housing and
includes area median-income levels as established by the U.S. Department of Housing
and Urban Development ("HUD").


(d) Specific duties of approved monitoring agents shall include, but not be limited to,
the following:


(1) To oversee, monitor, and ensure that tenants in LMI rental units meet income limits
annually and that monthly rental rates are consistent with the low- and moderate-income
guidelines and the recorded deed restrictions;


(2) To oversee, monitor, and ensure that LMI homeownership units continue to serve as
the owners' year-round principal residences; monitor and ensure that any proposed
refinance of a LMI unit during the period in which a deed restriction is in effect
is in compliance with program requirements: in the case of the resale of any LMI unit
during the period in which a deed restriction is in effect, the maximum sales price
is consistent with the recorded deed restriction and that the proposed buyer of the
LMI unit meets the income limits as defined within the recorded deed restriction;


(3) To oversee, monitor and ensure any LMI accessory dwelling unit being counted is in
compliance with the following requirements:


(i) An annual lease; and


(ii) The accessory dwelling unit is occupied by a household whose income does not exceed
eighty percent (80%) of the area median income (AMI), adjusted for family size; and


(iii) The cost of rent, heat, and utilities other than telephone, cable, and internet, based
on the number of the bedrooms in the unit does not exceed thirty percent (30%) of
the gross annual household income for a household with eighty percent (80%) or less
of area median income, adjusted for family size as certified by the selected approved
monitoring agent;


(4) Any other provision contained in chapter 24 of this title that reasonably relates
to affordable housing compliance and enforcement; and


(5) Such other duties as the commission sets forth in its rules and regulations for the
monitoring agents.


(e) The commission shall also promulgate rules and regulations providing for the terms
of engagement of the approved monitoring agents, standards for approval and recertification
of the approved monitoring agents, and establish reporting requirements for the approved
monitoring agents to the commission.


(f) Effective July 1, 2025, all responsibilities of the commission related to the program
shall be transferred to the executive office of housing.
Source: Legislative text reproduced verbatim
Plain English

Rhode Island General Laws § 45-53-3.2 establishes a formal program through which the Rhode Island Housing Resources Commission—and, effective July 1, 2025, the Executive Office of Housing—appoints and oversees approved monitoring agents. These agents are responsible for verifying that municipally subsidized low- and moderate-income (LMI) housing developments remain affordable and that only income-eligible buyers and tenants occupy those units. The program covers rental units, homeownership units, and accessory dwelling units, with specific compliance benchmarks tied to area median income levels set by HUD. Monitoring agents serve terms of up to five consecutive years and may be reappointed.

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

Plain English — not legal advice.

For Property Managers

Operators of municipally subsidized LMI housing developments in Rhode Island should be aware that § 45-53-3.2 requires their properties to be subject to oversight by a commission-appointed monitoring agent. Compliant operators generally maintain records demonstrating that tenants meet annual income limits, that rental rates align with LMI guidelines and recorded deed restrictions, and—for homeownership or accessory dwelling units—that occupancy and resale conditions are satisfied. Landlords with LMI accessory dwelling units should be prepared to document annual leases, household income at or below 80% of AMI, and rent-plus-utility costs within the 30% threshold specified in the provision.

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

For Tenants

Under § 45-53-3.2, tenants living in LMI rental units have the benefit of an oversight structure designed to ensure that their housing remains genuinely affordable and that income eligibility standards are applied consistently. The approved monitoring agent assigned to a development is responsible for verifying annually that rental rates conform to LMI guidelines and recorded deed restrictions, which can serve as a reference point if a tenant believes their rent has been improperly increased. Tenants who have concerns about compliance may consider contacting the Rhode Island Housing Resources Commission (or, after July 1, 2025, the Executive Office of Housing), reaching out to a local tenant-rights organization, or consulting with a housing attorney to understand available options.

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. 42-128
Not yet ingested
R.I. Gen. Laws ch. 42-35
Not yet ingested

References In

No inbound references recorded yet for this provision.

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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