Rhode Island Code of Regulations Title 860 - Housing Resources Commission
Rhode Island Code of Regulations Title 860 — Housing Resources Commission
1. Overview
Title 860 governs the Housing Resources Commission (HRC), an administrative body in Rhode Island responsible for managing housing finance programs, overseeing affordable housing initiatives, and regulating compliance with housing-related funding requirements.
The HRC plays a critical role in the allocation of public funds, approval of housing projects, and ensuring compliance with program guidelines aimed at promoting affordable and sustainable housing.
2. Key Functions and Responsibilities
a) Housing Finance and Project Approval
The HRC reviews applications for funding affordable housing projects.
Establishes eligibility criteria, funding priorities, and compliance standards.
Approves, monitors, and enforces agreements with developers and agencies.
b) Regulatory Compliance
Ensures funded projects meet program requirements, including tenant eligibility and affordability criteria.
Monitors ongoing compliance through audits and reports.
c) Appeals and Administrative Procedures
Provides procedures for applicants and recipients to appeal funding decisions or compliance findings.
Conducts hearings and issues determinations on disputes.
d) Policy Development
Develops policies and regulations to guide housing finance and resource allocation.
Coordinates with state agencies and community partners.
3. Administrative Procedures and Due Process
a) Application Process
Applicants submit detailed proposals with required documentation.
HRC reviews applications based on established criteria and priorities.
b) Decision Making and Notice
Decisions are made following thorough evaluation.
Applicants receive written notice of approvals, denials, or conditional awards.
c) Appeals and Hearings
Aggrieved parties may file appeals within specified time frames.
The Commission conducts hearings to resolve disputes, providing parties an opportunity to present evidence and arguments.
Decisions following hearings are issued in writing with findings of fact and conclusions of law.
4. Case Law Principles Related to Title 860
a) Judicial Deference to Administrative Expertise
Courts give deference to the Commission’s technical and policy expertise in housing matters.
Challenges to the Commission’s decisions require showing of arbitrary or capricious conduct.
b) Requirement for Procedural Fairness
Due process mandates fair notice and an opportunity to be heard before adverse decisions.
Failure to provide adequate procedures may lead to reversal or remand of Commission decisions.
c) Substantial Evidence Standard
Courts uphold Commission decisions supported by substantial evidence in the record.
Mere disagreement with the Commission’s judgment is insufficient to overturn its determinations.
5. Hypothetical Application
A developer applies for HRC funding to build affordable housing.
The Commission denies the application due to non-compliance with affordability requirements.
The developer appeals, claiming procedural irregularities.
The Commission holds a hearing, reviews evidence, and reaffirms its decision.
If the developer challenges this in court, the court will defer to the Commission unless procedural fairness was lacking or the decision was unsupported by evidence.
6. Summary Table
| Topic | Explanation |
|---|---|
| Function | Manages housing finance programs and enforces compliance |
| Application & Review | Detailed application process with eligibility and priority criteria |
| Appeals Process | Formal procedures for appealing funding and compliance decisions |
| Due Process | Notice, hearing, and impartial decision-making |
| Judicial Review | Deference to Commission’s expertise; requires substantial evidence |
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