CHARLESTOWN — Legislation sponsored by state Sen. Victoria Gu that’s designed to boost affordable housing options through the development of accessory dwelling units passed the General Assembly on Thursday.
The bill would give homeowners statewide the ability to develop a single accessory dwelling unit, or ADU, on an owner-occupied property to accommodate a disabled family member, or within the existing footprint of their structures or on any lot larger than 20,000 square feet, provided that the ADU’s design satisfies building code, size limits and infrastructure requirements.
ADUs are sometimes referred to as in-law apartments or “granny flats.” They are created as a conversion of part of a house such as a walkout basement, an attachment to a house or a smaller, detached dwelling. Seniors, especially, have taken to ADUs as a way to downsize while continuing to live independently in their community.
“ADUs offer the ‘missing middle:’ housing that is smaller, more affordable and smartly re-purposes our existing buildings and garages,” Gu (D-38th District, Westerly, Charlestown, South Kingstown) said. “Homeowners can be a part of the solution to the housing crisis by creating or converting a garage, basement or shed into an ADU and offering it as a long-term rental. Then they have the benefit of receiving some additional income or housing a loved one, friend or on-site caregiver. It’s a win-win.”
The legislation prohibits ADUs from being used as short-term rentals, and streamlines the permitting process. Gu also added that, because ADUs are small and often can be created without even altering the footprint of the existing building, they don’t change the character of their neighborhood.
The legislation was written in collaboration with stakeholders and advocates, including the AARP, for which increasing production of ADUs has been a primary policy goal for several years. The bill (2024-H 7062A, 2024-S 2998A) now heads to Gov. Dan McKee.
A co-sponsor of the bill was state Rep. June Speakman, chairwoman of the House Commission on Housing Affordability.
“One of the drivers of our housing crisis is the low construction rate in Rhode Island. Our state has the lowest per-capita construction rate in the whole country,” Speakman (D-68th District, Warren, Bristol) said.
“We need to be creative and be willing to allow construction of housing, particularly affordable, moderate and small units like ADUs. Our commission learned that there are many people in Rhode Island who already have space that they’d like to use in this way, but our laws make it complicated. This bill removes some of the obstacles to building ADUs while respecting municipal land use policies.”
In January, Charlestown modified its own housing ordinance as a “stopgap” measure, stripping language in the town version that referred to “accessory family dwelling units,” which aren’t addressed in the broader state statutes. The statewide push to expand housing by allowing more accessory apartments rendered useless Charlestown’s law that let homeowners build dwellings on their property solely for their relatives.
An earlier version of Gu’s bill would have let municipalities set provisions that properties with ADUs must be owner-occupied, and require minimum one-year leases if the units are rented.
Catherine Taylor, the AARP’s Rhode Island director, said 87% of Rhode Islanders 45 and older wish to age within their own community.
“Our cities and towns must have housing options that are suitable for differing incomes, ages and life stages. ADUs are an important way to accomplish this goal,” Taylor said.