§ 45-53-3.2. Approved monitoring agent program.
(a) There is hereby established an approved monitoring agent program (the "program�).
Effective July 1, 2022, the Rhode Island housing resources commission (the "commission�)
established pursuant to chapter 128 of title 42 shall appoint and oversee approved monitoring agents as part of this program.
(b) On or before July 1, 2023, the commission shall promulgate rules and regulations pursuant
to chapter 35 of title 42 ("administrative procedures�) for the implementation of the program, which shall
include a process for the selection and approval of monitoring agents. These rules
and regulations shall be prepared to ensure the selection and appointment of organizations
that shall be capable of monitoring and ensuring that municipally subsidized housing
developments remain affordable, and that income-eligible buyers and tenants are occupying
these units. The commission shall appoint these monitoring agents, who shall serve
for terms of not more than five (5) consecutive years; provided that, the term of
an approved monitoring agent may be renewed by the commission.
(c) As used in this section, the term "LMI� means low- and moderate-income housing and
includes area median-income levels as established by the U.S. Department of Housing
and Urban Development ("HUD�).
(d) Specific duties of approved monitoring agents shall include, but not be limited to,
the following:
(1) To oversee, monitor, and ensure that tenants in LMI rental units meet income limits
annually and that monthly rental rates are consistent with the low- and moderate-income
guidelines and the recorded deed restrictions;
(2) To oversee, monitor, and ensure that LMI homeownership units continue to serve as
the owners' year-round principal residences; monitor and ensure that any proposed
refinance of a LMI unit during the period in which a deed restriction is in effect
is in compliance with program requirements: in the case of the resale of any LMI unit
during the period in which a deed restriction is in effect, the maximum sales price
is consistent with the recorded deed restriction and that the proposed buyer of the
LMI unit meets the income limits as defined within the recorded deed restriction;
(3) To oversee, monitor and ensure any LMI accessory dwelling unit being counted is in
compliance with the following requirements:
(i) An annual lease; and
(ii) The accessory dwelling unit is occupied by a household whose income does not exceed
eighty percent (80%) of the area median income (AMI), adjusted for family size; and
(iii) The cost of rent, heat, and utilities other than telephone, cable, and internet, based
on the number of the bedrooms in the unit does not exceed thirty percent (30%) of
the gross annual household income for a household with eighty percent (80%) or less
of area median income, adjusted for family size as certified by the selected approved
monitoring agent;
(4) Any other provision contained in chapter 24 of this title that reasonably relates
to affordable housing compliance and enforcement; and
(5) Such other duties as the commission sets forth in its rules and regulations for the
monitoring agents.
(e) The commission shall also promulgate rules and regulations providing for the terms
of engagement of the approved monitoring agents, standards for approval and recertification
of the approved monitoring agents, and establish reporting requirements for the approved
monitoring agents to the commission.
(f) Effective July 1, 2025, all responsibilities of the commission related to the program
shall be transferred to the executive office of housing.