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Prior to the 2004 year-end deadline establishedīy the LMIHA, the East Greenwich Town Council (Town Council) adopted a comprehensive Municipality into compliance with the Act. Due to this shortage, the Town prepared a comprehensive plan to bring the Greenwich (Town) qualified as affordable and that the Town needed 292 additional units ofĪffordable housing to meet the ten percent (10%) requirement outlined in the Act. In 2004, a study conducted by the Rhode Island Housing and Mortgage FinanceĬorporation determined that only 4.36 percent of the available housing in the Town of East

Pursuant to this latter act, the municipality‘s comprehensive plan mustīe enacted by the municipality‘s legislative body and then submitted for approval to the Stateĭirector of Administration. § 45-22.2-1 et seq., the Rhode Island Comprehensive Planning and Land Use RegulationĪct.

Provides that the municipality‘s comprehensive plan must be adopted and approved pursuant to The Act stipulates thatĪny municipality lacking the requisite number of affordable housing units must have prepared aĬomprehensive plan by December 31, 2004, including a ―housing element,‖ that would serve toīring the municipality into compliance with the Act. The year-round housing units reported in the census.‖ Sec. Seq.,2 the Rhode Island Low and Moderate Income Housing Act (LMIHA or the Act), requiresĪll local towns and cities to provide affordable housing that ―is in excess of ten percent (10%) of Were subsequently used by the Supreme Court in the opinion, North End Realty v. The following facts, stipulated to by the parties and filed with the Court on February 22, 2008,

Pursuant to Superior Court Rules of Civil Procedure 56(c).Īs a means of addressing the state‘s affordable housing shortage, G.L. Plaintiff‘s motion for summary judgment and grants Defendants‘ motion in part. For the reasons set forth in this Decision, the Court denies Before the Court are Plaintiff‘s motion for summary judgment and Defendants‘Ĭross-motion for summary judgment. STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS