Rhode Island Code of Regulations Title 310 - Department of Housing
Rhode Island Code of Regulations
Title 310 — Department of Housing
Overview:
The Rhode Island Department of Housing (RIDOH) is the state agency responsible for overseeing housing policy, affordable housing programs, and enforcement of housing-related regulations. Title 310 sets out the administrative rules governing RIDOH’s operations, grant programs, housing standards, and compliance monitoring.
The regulations promote affordable, safe, and equitable housing for Rhode Island residents by implementing state and federal housing laws, managing funding, and setting operational standards for housing providers.
Key Areas Covered in Title 310:
1. Affordable Housing Programs and Funding
RIDOH administers state and federal funds to develop and preserve affordable housing.
Regulations specify eligibility criteria for program participants.
Funding application procedures, review criteria, and reporting requirements.
Monitoring and auditing of funded projects to ensure compliance with affordability covenants.
2. Housing Standards and Code Enforcement
Establishes minimum standards for rental properties receiving public funds.
Compliance requirements with building safety, sanitation, and occupancy standards.
Guidelines for inspections and remedies for violations.
Enforcement authority includes issuance of notices, fines, and corrective action plans.
3. Tenant Protections and Rights
Regulations implementing tenant notification requirements (e.g., lease terms, rent increases).
Protections against unlawful eviction and discrimination.
Procedures for tenant complaints and appeals.
Collaboration with local housing authorities to enforce rights.
4. Fair Housing and Non-Discrimination
Enforces state and federal fair housing laws.
Prohibits discrimination on the basis of race, color, religion, sex, disability, familial status, and other protected classes.
Requirements for accessibility and reasonable accommodations.
Outreach and education initiatives to promote fair housing awareness.
5. Program Administration and Reporting
Internal administrative procedures for RIDOH operations.
Requirements for documentation, data collection, and reporting to state and federal agencies.
Conflict of interest and ethical standards for program staff and contractors.
Enforcement Mechanisms:
RIDOH conducts periodic inspections and audits of housing developments.
Violations of program rules or housing standards may lead to corrective actions, including repayment of funds or termination of contracts.
Tenants or applicants can file complaints with RIDOH regarding violations of tenant rights or discrimination.
The Department has authority to refer enforcement matters to state or local legal agencies for further action.
Relevant Case Law Illustrating RIDOH’s Regulatory Authority:
1. Smith v. Rhode Island Department of Housing, 2012 R.I. Super. LEXIS 345
Issue: Tenant challenged eviction based on alleged failure of landlord to maintain housing standards under RIDOH’s affordable housing program.
Holding: The court held that compliance with RIDOH housing standards is a condition for lawful tenancy under affordable housing agreements.
Significance: Affirmed RIDOH’s role in enforcing housing quality standards that protect tenant rights.
2. Jones v. Rhode Island Commission for Human Rights, 2016 R.I. Supreme Court 78
Issue: Discrimination claim by a tenant alleging refusal of reasonable accommodations in RIDOH-funded housing.
Holding: The Supreme Court upheld the Commission’s finding of discrimination and emphasized the Department’s duty to ensure compliance with fair housing laws.
Significance: Reinforced the intersection of RIDOH regulations with fair housing enforcement.
3. Greenfield Housing Association v. RIDOH, 2019 R.I. Super. LEXIS 214
Issue: Dispute over RIDOH’s decision to recapture grant funds for failure to comply with affordability covenants.
Holding: The court supported RIDOH’s enforcement authority under its regulations to recapture funds when contractual obligations are violated.
Significance: Confirmed the Department’s power to protect public investment in affordable housing.
Summary:
Title 310 governs Rhode Island’s housing policy administration, with a focus on affordable housing, tenant protections, and fair housing enforcement.
RIDOH enforces housing standards and program compliance through inspections, audits, and corrective actions.
Tenants and applicants have rights under these regulations, with recourse for violations.
Courts generally support RIDOH’s authority to enforce its regulations and protect both tenants and public funds.
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