ORDINANCE COMMITTEE NOTICE OF PUBLIC HEARING

Posted Wednesday, October 7, 2020 1:00 am

A Public Hearing on the following proposed Ordinances will be held before the Ordinance Committee on Thursday, October 15 at 6:30 p.m. pursuant to Section 3.12 of the Charter via Zoom webinar

You are invited to a Zoom webinar.
When: Oct 15, 2020 06:30 PM
Eastern Time (US and Canada)
Topic: Ordinance Committee

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Complete copies of proposed Ordinances are available for public review at the City Clerk’s Office, and the Cranston Central Library and the City’s website cranstonri.com under calendar by clicking on the meeting date.

“Individuals requesting interpreter services for the dear or hard of hearing must notify the City Clerk’s Office at 461-1000 ext. 3197 seventy-two (72) hours in advance of the hearing date.”

Michael Favicchio, Chair Leanne Zarrella, JD
Ordinance Committee City Clerk

PROPOSED ORDINANCE 9-20-01 IN AMENDMENT OF TITLE 10.32 OF THE CODE OF THE CITY OF CRANSTON, 2005, ENTITLED “MOTOR VEHICLES AND TRAFFIC (No Parking On Certain Streets Generally - Removal of No Parking on Invernia Road)

It is ordained by the City Council of the City of Cranston as follows:

SECTION 1. Title 10.32.040 of the Code of the City of Cranston, 2005 entitled ”No Parking on Certain Streets – Monday through Friday” is hereby amended by removing the following:

[Invernia Road, east side, from Wayland Avenue southerly for one hundred (100) feet.]

SECTION 2. This Ordinance shall take effect upon its final adoption.

Sponsored by:
Councilmember Donegan

PROPOSED ORDINANCE 9-20-05 IN AMENDMENT OF TITLE 8, OF THE CODE OF THE CITY OF CRANSTON, 2005, ENTITLED “HEALTH AND SAFETY ”
(Fair Housing Practices)

It is ordained by the City Council of the City of Cranston as follows:

Section 1. Title 8 Chapter 8, “Health and Safety” is hereby amended by adding the following:

Chapter 8.52: Equal Housing Practices.

8.52.010 Findings of the City Council:
The practice or policy of housing discrimination against individuals because of race, color, sex, sexual orientation, gender identity or expression, religion, marital status, disability, age, lawful source of income, or country of ancestral origin, is a matter of grave public concern. Such discrimination foments domestic strife and unrest, threatens the rights and privileges of our people and undermines the foundations of a free democratic state. The denial of equal housing opportunities because of such discrimination deprives large segments of the population of the City of Cranston of the ability to maintain decent standards of living and intensifies group conflicts, thereby resulting in grave injury to the public safety, health and welfare.

8.52.020 Public Policy:
It is hereby declared to be the public policy of the City of Cranston to foster the equal housing opportunities of all individuals in the town in accordance with their fullest capacities and abilities, regardless of their race or color, sex, sexual orientation, gender identity or expression, religion, marital status, disability, age, lawful source of income, or country of ancestral origin, and to safeguard their right to be free from such discrimination in housing.

8.52.030 Right to equal housing opportunities:
The right of all individuals in the City of Cranston to equal housing opportunities regardless of race, color, religion, sex, sexual orientation, gender identity or expression, marital status, housing status, lawful source of income, military status as a veteran with an honorable discharge or an honorable or general administrative discharge, service member in the armed forces, country of ancestral origin, disability, age, familial status, or regardless of the fact that a tenant or applicant or a member of the household is, or has been, or is threatened with being the victim of domestic abuse, or that the tenant or applicant has obtained, or sought, or is seeking, relief from any court in the form of a restraining order for protection from domestic abuse, is hereby recognized as, and declared to be, a civil right.

8.52.040 Definitions:
As used in this chapter, the following terms shall have the meanings indicated:

(a) “Age” means anyone over the age of eighteen (18).

(b) “Armed forces” means the Army, Navy, Marine Corps, Coast Guard, Merchant Marines, or Air Force of the United States and the Rhode Island National Guard.

(d) “Discriminate” includes segregate, separate, or otherwise differentiate between or among individuals because of race, color, sex, sexual orientation, gender identity or expression, marital status, lawful source of income, military status as a veteran with an honorable discharge or an honorable or general administrative discharge, servicemember in the armed forces, country of ancestral origin, disability, age, housing status, or familial status or because of the race, color, religion, sex, sexual orientation, gender identity or expression, marital status, lawful source of income, military status as a veteran with an honorable discharge or an honorable or general administrative discharge, servicemember in the armed forces, country of ancestral origin, disability, age, housing status, or familial status of any person with whom they are, or may wish to be, associated.

(e) “Domestic Abuse” for the purposes of this chapter shall have the same meaning as that set forth in Rhode Island Law 15-15-1.

(f) “Familial status” means one or more individuals who have not attained the age of eighteen (18) years being domiciled with:

a parent or another person having legal custody of the individual or individuals; or

the designee of the parent or other person having the custody, with the written permission of the parent or other person, provided that, if the individual is not a relative or legal dependent of the designee, that the individual shall have been domiciled with the designee for at least six (6) months.

The protections afforded against discrimination on the basis of familial status shall apply to any person who is pregnant or is in the process of securing legal custody of any individual who has not attained the age of eighteen (18) years.

(g) “gender identity or expression” includes a person’s actual or perceived gender, as well as a person’s gender identity, gender-related self image, gender-related appearance, or gender-related expression; whether or not that gender identity, gender-related self image, gender-related appearance, or gender-related expression is different from that traditionally associated with the person’s sex at birth.

(h) “housing accommodation” includes any building or structure, or portion of any building or structure, or any parcel of land, developed or undeveloped, that is occupied or is intended, designed, or arranged to be occupied, or to be developed for occupancy, as the home or residence of one or more persons.

(i) “owner” includes any person having the right to sell, rent, lease, or manage a housing accommodation.

(j) “senior citizen” means a person sixty-two (62) years of age or older.

(k) “sexual orientation” means having, or being perceived as having, an orientation for heterosexuality, bisexuality, or homosexuality.

(l) “victim” means a family or household member and all other persons contained within the definition of those terms as defined in Rhode Island Law 12-29-2.

(m) “housing status” means the status of having or not having a fixed or regular residence, including the status of living on the streets or in a homeless shelter or similar temporary residence.

(n) “lawful source of income” means and includes any income, benefit, or subsidy derived from child support; alimony; Social Security; Supplemental Security Income; any other federal, state, or local public assistance program, including, but not limited to, medical or veterans assistance; any federal, state, or local rental assistance or housing subsidy program, including Section 8 Housing Choice Vouchers as authorized by 42 U.S.C section 1437; and any requirement associated with such public assistance, rental assistance, or housing subsidy program.

8.52.050: Unlawful housing practices.

1. It shall be an unlawful housing practice:

a. For any owner having the right to sell, rent, lease, or manage a housing accommodation, or an agent of any of these:

To discriminate or directly or indirectly, make, or cause to be made, any written or oral inquiry concerning the race, color, religion, sex, sexual orientation, gender identity or expression, marital status, housing status, lawful source of income, military status as a veteran with an honorable discharge or an honorable or general administrative discharge, servicemember in the armed forces, country of ancestral origin or disability, age, familial status nor make any written or oral inquiry concerning whether a tenant or applicant or a member of the household is, or has been, or is threatened with being the victim of domestic abuse, or whether a tenant or applicant has obtained, or sought, or is seeking relief from any court in the form of a restraining order for protection from domestic abuse, of any prospective purchaser, occupant, or tenant of the house accommodation;

To discriminate or directly or indirectly, refuse to sell, rent, lease, let, or otherwise deny to or withhold from any individual the housing accommodation because of the race, color, religion, sex, sexual orientation, gender identity or expression, marital status, housing status, lawful source of income, military status as a veteran with an honorable discharge or an honorable or general administrative discharge, servicemember in the armed forces, country of ancestral origin, disability, age, or familial status of the individual or the race, color religion, sex, sexual orientation, gender identity or expression, marital status, housing status, lawful source of income, military status as a veteran with an honorable discharge or an honorable or general administrative discharge, servicemember in the armed forces, country of ancestral origin or disability, age, or familial status of any person with whom the individual is or may wish to be associated; or shall, or on the basis that a tenant or applicant, or member of the household, is or has been, or is threatened with being, the victim of domestic abuse, or that the tenant or applicant has obtained, or sought, or is seeking, relief from any court in the form of a restraining order for protection from domestic abuse.

To discriminate or directly or indirectly, issue any advertisement relating to the sale, rental, or lease of the housing accommodation that indicates any preference, limitation, specification, or discrimination based upon race, color, religion, sex, sexual orientation, gender identity or expression, marital status, housing status, lawful source of income, military status as a veteran with an honorable discharge or an honorable or general administrative discharge, servicemember in the armed forces, country of ancestral origin, disability, age, familial status, or on the basis that a tenant or applicant or a member of the household is, or has been, or is threatened with being the victim of domestic abuse, or that the tenant or applicant has obtained, or sought, or is seeking relief from any court in the form of a restraining order for protection from domestic abuse.

To directly or indirectly, discriminate against any individual because of their race, color, religion, sex, sexual orientation, gender identity or expression, marital status, housing status, lawful source of income, military status as a veteran with an honorable discharge or an honorable or general administrative discharge, servicemember in the armed forces, country of ancestral origin, disability, age, familiar status, or on the basis that a tenant or applicant or a member of the household is, or has been, or is threatened with be the victim of domestic abuse, or that the tenant or applicant has obtained, or sought, or is seeking relief from any court in the form of a restraining order for protection from domestic abuse, in the terms, conditions, or privileges of the sale, rental, or lease of any housing accommodation or in the furnishing of facilities or services in connection with it.

b. For any person to whom application is made for a loan or other form of financial assistance for the acquisition, construction, rehabilitation, repair, or maintenance of any housing accommodation, whether secured or unsecured, to:

directly or indirectly make or cause to be made any written or oral inquiry concerning the race, color, religion, sex, sexual orientation, gender identity or expression, marital status, housing status, military status as a veteran with an honorable discharge or an honorable or general administrative discharge, servicemember in the armed forces, country of ancestral origin, disability, age, familial status, or any express written or oral inquiry into whether a tenant or applicant or a member of the household is, or has been, or is threatened with being the victim of domestic abuse, or whether a tenant or applicant has obtained, or sought, or is seeking relief from any court in the form of a restraining order for protection from domestic abuse, of any individual seeking the financial assistance, or of existing or prospective occupants or tenants of the housing accomodation; nor shall any person to whom the application is made in the manner provided, directly or indirectly, discriminate in the terms, conditions, or privileges relating to the obtaining or use of any financial assistance against any applicant because of their race, color, religion, sex, sexual orientation, gender identity or expression, marital status, military status as a veteran with an honorable discharge or an honorable or general administrative discharge, servicemember in the armed forces, country of ancestral origin, disability, age, familial status, or on the basis that a tenant or applicant or a member of the household is, or has been, or is threatened with being the victim of domestic abuse, or that the tenant or applicant has obtained, or sought, or is seeking relief from any court in the form of a restraining order for protection from domestic abuse, of the applicant or of the existing or prospective occupants or tenants.

2. It shall be an unlawful discriminatory housing practice to for profit induce, or attempt to induce, any person to sell or rent any dwelling by representations regarding the entry or prospective entry into a neighborhood of a person or persons of a particular race, color, religion, marital status, housing status, lawful source of income, military status as a veteran with an honorable discharge or an honorable or general administrative discharge, service member in the armed forces, country of ancestral origin, sex, sexual orientation, gender identity or expression, age, disability, or familial status.

3. Nothing in this section shall be construed to:
a. prohibit any oral or written inquiry as to whether the prospective purchaser or tenant is eighteen (18) years of age or older.
b. prohibit any oral or written inquiry to confirm the source, amount and expected duration of a lawful source of income.

4. If an owner requires that a prospective or current tenant have a certain minimum level of income, the standard for assessing eligibility shall be based only on the portion of the rent to be paid by the tenant, taking into account the value of any federal, state, or local rental assistance or housing subsidy.

8.52.060 Exemptions

(a) nothing in this section shall prohibit an owner of a housing accommodation from refusing to rent to a person based on their lawful source of income if the housing accommodation is three (3) units or less, one of which is occupied by the owner.

8.52.070 Enforcement

(a) Any and all allegations of unlawful housing discrimination shall be referred to the Rhode Island Commission for Human Rights.

(b) Any person aggrieved by an unlawful housing practice in violation of this ordinance may bring a civil action in a court of competent jurisdiction for appropriate relief.

1. As used in subsection (b), “appropriate relief” includes any permanent or temporary injunction; all damages sustained as a result of the unlawful act, including damages sustained through pain, humiliation and mental suffering; punitive damages; payment of cost, including all reasonable attorney fees incurred at any time as a result of the unlawful act; and any other action necessary to effectuate the purposes of this ordinance.

2. As used in subsection (b), “any person aggrieved” includes any individual who is the victim of an unlawful housing practice, as well as any organization or group whose purposes include combating discrimination or racism; safeguarding civil liberties; or promoting full, free, or equal opportunities.

Sponsored by:
Councilmembers Donegan, Germain, Stycos and Vargas.

PROPOSED ORDINANCE 9-20-06 IN AMENDMENT OF TITLE 2, OF THE CODE OF THE CITY OF CRANSTON, 2005, ENTITLED “Committees, Commissions and Councils”
(Affordable Housing Commission)

It is ordained by the City Council of the City of Cranston as follows:

Section 1. Title 2 Chapter 48 : “Affordable Housing Commission” is hereby amended by substituting the following”

Chapter 2.48.050 - Housing Commission.

A. Findings of the Council.

1) The City Council finds that housing that is affordable to the City’s residents is a critical component to overall well-being. Housing’s connections to positive outcomes for health, education, and employment are considered by the U.S. Centers for Disease Control and Prevention (CDC) as the Social Determinants of Health.

2) Housing is considered affordable when it costs no more than 30 percent of a resident’s gross income. Analysis of U.S. Census Bureau data by HousingWorks RI finds that more than 35 percent of the City’s households are cost burdened. When a household is cost-burdened it may not have sufficient income to support its housing payment plus other household necessities such as health care, food, transportation, and child care.

3) As such, the City Council declares that there exists an acute shortage of affordable, accessible, safe, and sanitary housing for its residents, both individuals and families; that it is imperative that action is taken immediately to assure the availability of affordable, accessible, safe, and sanitary housing for these persons; that it is necessary that the City provide opportunities for the establishment of low and moderate income housing; and that the provisions of this chapter are necessary to assure the health, safety, and welfare of all citizens of this City, and that each resident enjoys the right to affordable, accessible, safe, and sanitary housing.

B. Establishment and Purpose. The Code of Ordinances of the city of Cranston is amended by the addition of Section 2.48.050 entitled “Housing Commission.” The purpose of this section is to establish a commission to foster the study of housing affordability, housing standards, and the production of low- and moderate-income housing (as defined in RIGL 45-53-3) in the city, to monitor and report on the implementation of the city’s Housing Action Program (or any other such program) as Table 3.2 in the most recent Cranston Comprehensive Plan and to ensure an institutional commitment to the monitoring of housing affordability and the provision of long-term affordability in the city commensurate with the researched need.

C. Membership and Terms.

1. The Housing Commission shall consist of seven (7) members and terms as follows:
- Director of the City of Cranston Community Development Department, or their designated representative from the Cranston Housing Authority;
- Director of the City of Cranston Planning Department, or their designated representative from the Planning Department;
- Cranston Health Equity Zone Initiative Director, or their designated representative from the Cranston Health Equity Zone Initiative;
- Four (4) members of the public, all of which must be a Cranston resident, and have a demonstrated interest or expertise in preserving and/or promoting the development of low- and moderate-income housing. Two members of the public shall be appointed by the majority party. One appointee shall serve a term of three (3) years, and the other shall serve a term of two (2) years. Two members of the public shall be appointed by the minority party. One appointee shall serve a term of three (3) years, and the other shall serve a term of two (2) years.

2. As terms expire, reappointments or new appointments shall be made effective on first Monday in January.

3. In the event a vacancy shall occur prior to a member serving the entire appointment period, the city council shall fill the vacancy for the unexpired term.

D. Compensation. Members of the commission shall serve without pay.

E. Officers: At its first meeting the commission shall elect a chair, vice chair and secretary who shall hold office for the remainder of said calendar year. At the first meeting of each subsequent calendar year the chair or vice chair shall preside over the elections for chair, vice chair and secretary.

F. Meetings, Quorum, and Secretary:
1) The commission shall hold an official meeting monthly and may hold special meetings as set by the commission. All meetings held by the commission shall be subject to the state’s Open Meetings Law.
2) A quorum of six members shall be necessary for any action by the commission. Provided a quorum is present, any item must be approved by a simple majority of voting members for said item to pass.
3) The secretary shall keep an accurate record of the proceedings of the commission, and the commission shall make and file with the city council an annual report at the end of the fiscal year.

G. Rules and Regulations:
The commission shall establish such rules and regulations for its government and procedures consistent with the laws of the state and the ordinances of the city.

H. Authority.
1. The commission shall be an advisory body to the city council and other boards and commissions of the city.
2. The commission shall make recommendations of actions, plans, strategies that shall be presented to the city council for its review and concurrence, after which the commission may pursue their implementation.

I. Powers and Duties
1. It shall be the duty of the commission to study the housing needs of the residents of the City, to monitor the relationship of current housing values to our city’s residents’ incomes, and to foster the production of low- and moderate-income housing in the city of Cranston, to monitor and report on the creation of the city’s Housing Action Program and the implementation of such plan thereafter and to ensure an institutional commitment to the provision of long-term affordable homes in the city.
2. The commission shall develop plans and strategies either by consultants or by in-house staff to promote and aid the promotion of housing affordability, generally, and production of long-term affordable homes. That an equal consideration shall be given to the retrofitting and rehabilitation of existing dwellings for low and moderate income housing and assimilating low and moderate income housing into existing and future developments and neighborhoods. in the city, specifically, that are consistent with the city’s comprehensive plan and planning/zoning ordinances.
3. The commission’s plan shall establish an equitable balance between market rate and long-term affordable homes.
4. Maintenance of the city’s urban, suburban and rural characteristics and amenities shall be taken into account for all recommended developments.
5. The commission shall work in cooperation with the city’s planning commission and zoning board and all administrative departments of the city.
6. The commission shall address desirable and attainable short, intermediate, and long-term goals for the community for the creation of long-term affordable homes.
7. The commission shall have access to all available plans, records, surveys, and other information on file with any city department and may call upon any of the city departments for aid, advice and assistance in pursuing its mission.
8. The commission may act as a liaison between the city and state and federal agencies on matters pertaining to its duties.
9. The commission shall provide information, aid and assistance to any entity seeking to develop, expand or locate low-and moderate-income housing with the city, subject to the city council, planning commission or others review and approval when appropriate.
10. The commission may make surveys and compile statistics in the furtherance of its mission.
11. The commission shall work with the planning commission on any changes to the city’s comprehensive plan or zoning map deemed essential to implement its plan with the ultimate decision in this respect resting with the city council.
12. The commission shall perform such other duties consistent with its purpose and mission.

J. Budget. The budget of the Housing Commission shall be approved by the City Council, and subject to all City policies and procedures.

K. Staff Support. The mayor’s administration, in consultation with the city council and the commission, shall designate a department head who shall attend all commission meetings and coordinate commission activities and needs. The city clerks shall also provide clerical support to the commission consistent with its activities and needs.

Sponsored by
Councilmember Donegan
Co-sponsored by Councilmembers Germain and Vargas.

PROPOSED ORDINANCE 9-20-09 IN AMENDMENT OF CHAPTER 10.32 OF TITLE 10 OF THE CODE OF THE CITY OF CRANSTON, 2005, ENTITLED “MOTOR VEHICLES AND TRAFFIC”
(Fountain and Puritan)

It is ordained by the City Council of the City of Cranston as follows:

Section 1. Chapter 10.32, Section .020 entitled “ Stop intersections- enumerated” is hereby amended by adding thereto the following:

Fountain Avenue at its intersection with Puritan Avenue.

Section 2. This Ordinance shall take effect upon its final adoption.