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North Kingstown
Town of North Kingstown Zoning Ordinance
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§ 21-602

Assurance of affordability

  • (a) Basic requirement. All inclusionary units required under this section shall be "low and moderate income housing" as defined in section 21-22. The required minimum term of affordability shall be not less than 99 years, and shall be renewable for the same term upon resale of the unit prior to expiration of the term.

  • (b) Eligible occupants. Ownership units shall be occupied by their purchasers as their primary residence and not rented for seasonal occupancy nor rented for any other occupancy except during temporary absences totaling not more than eight weeks in any 12-month period. Rental units may be sub-leased only to a household meeting the applicable income restrictions on affordability.

  • (c) Qualification and monitoring. The developer or owner shall contract with a monitoring agency approved by the RI Housing and Mortgage Finance Corporation for the following purposes:

    • (1) To determine pricing for initial sale, resale, lease, transfer or sublease of the inclusionary dwelling units.

    • (2) To qualify purchasers or renters for initial occupancy based on household size and income.

    • (3) To assist in the development of a marketing and resident selection plan that meets state and federal fair housing requirements, to be approved by the planning commission.

    • (4) Rhode Island Housing and the Town of North Kingstown shall be a party to any such monitoring agreement.

  • (d) Long-term affordability. Long-term affordability shall be assured through a land lease and/or deed restriction recorded in the town land evidence records before the sale or lease of the inclusionary unit. The lease or deed restriction shall include information regarding:

    • (1) The basis for calculation of the maximum allowable sales or rental price for the housing unit both initially and for future buyers or renters.

    • (2) Restrictions concerning who may occupy the unit, and for what period.

    • (3) Reserved.

    • (4) Provisions for monitoring and assurance of compliance over time.

    • (5) Provisions under which the town, a non-profit organization designated by the town, or Rhode Island Housing may exercise a right of first refusal to purchase an inclusionary unit being offered for sale.

(Ord. No. 07-21, § 3, 9-10-2007; Ord. No. 18-23, § 1, 10-29-2018; Ord. No. 20-12, § 1, 5-18-2020)