§ 34-45-4 - Definitions.
SECTION 34-45-4
§ 34-45-4 Definitions. – Terms used in this chapter shall be defined as follows, unless another meaningis expressed or clearly apparent from the language or context:
(1) "Appurtenant land" means only the land and relatedfacilities which are currently dedicated to the federally insured or assistedrental units, and does not include land which may be dedicated to nonfederallyinsured or assisted units under common ownership, whether or not the land iscurrently dedicated to federally insured or assisted rental units.
(2) "Corporation" means the Rhode Island housing and mortgagefinance corporation, a corporation, instrumentality and agency of the stateestablished pursuant to the Rhode Island housing and mortgage financecorporation act, chapter 55 of title 42.
(3) "Department" means the department of administration.
(4) "Development" means any structure or group of structuressituated in the state which is federally insured or assisted; provided, howeverthat the term "development" does not include any structure or group ofstructures which are not federally insured or assisted, although suchstructures may be commonly owned with units that receive such federalassistance or sent to such units; and provided further than this chapter shallnot apply to a development whose owner gave notice to the United Statesdepartment of housing and urban development pursuant to § 262 of theHousing and Community Development Act of 1987, 42 U.S.C. § 1437f(c), oftermination of the housing assistance payment contracts for the developmentprior to June 10, 1988.
(5) "Federally insured or assisted" means any:
(i) Low income housing units insured or assisted under§§ 221(d)(3) and 236 of the National Housing Act, 12 U.S.C., §1701 et seq.,
(ii) Low income housing units produced with assistance under42 U.S.C. § 1437f, and
(iii) Rural low income housing financed under § 515 ofthe Housing Act of 1949, 12 U.S.C. § 1701 et seq.
(6) "Owner" means an individual, corporation, association,partnership, joint venture, or business entity which holds title to adevelopment.
(7) "Rental unit" or "unit" means that part of a developmentwhich is rented or offered for rent for residential occupancy and includes anapartment, efficiency apartment, room, suite of rooms, and any appurtenant landto the rental unit.
(8) "Tenant" means a tenant, subtenant, lessee, sublessee, orother person entitled to possession, occupancy, or receiving the benefits of, afederally insured or assisted rental unit within a development.
(9) "Tenant association" means an association or otherorganization that represents at least a majority of the tenants in federallyinsured or assisted rental units in a development, excluding those tenantswhich have not resided in the development for at least ninety (90) days andthose tenants who have been an employee of the owner during the preceding onehundred twenty (120) days.
(10) "Use restrictions" means any federal, state, or localstatute, regulation, ordinance, or contract which as a condition of receipt ofany housing assistance, including a rental subsidy, mortgage subsidy ormortgage insurance, to a development:
(i) Establishes maximum limitations on tenant income as acondition of eligibility for occupancy of the units within a development; or
(ii) Imposes any restrictions on the maximum rents that couldbe charged for any of the units within a development; or
(iii) Requires that rents for any of the units within adevelopment be reviewed by any governmental body or agency before the rents beimplemented.