The Rhode Island State Supreme Court today upheld the 2018 ruling by the State Superior Court, regarding an amendment to the Providence zoning ordinance that limits student housing in residential neighborhoods. In 2015, City Council Majority Leader, Jo-Ann Ryan (Ward 5), introduced an amendment to the Zoning Ordinance that placed a limit on the number of students who could live in non-owner occupied single-family homes. The Amendment was passed by the Council, signed by the Mayor, and later challenged in Court. The Plaintiffs who brought the suit were a landlord and several tenants who claimed the law violated their constitutional rights.
“I am very pleased that the State Supreme Court upheld the City ordinance,” said Majority Leader Jo-Ann Ryan. “This ordinance is about preserving the single-family housing stock and about public safety. Single-family homes were not intended by zoning law to be used as mini-dorms. In a city where individuals and families are finding it harder and harder to find safe and affordable homes, it is imperative that we, as elected officials work to preserve our housing stock and to protect the residential character of our neighborhoods.”
The ordinance states that in certain zones, a single-family dwelling, which is not owner-occupied, may not be occupied by more than three college students. A college student is defined as an individual enrolled as an undergraduate or graduate student at any university or college who commutes to campus.
“I join my colleagues in City Council in our appreciation for this decision,” said Mayor Jorge O. Elorza. “As we continue to build for the Providence of tomorrow, this ordinance plays a critical role in supporting our residential neighborhoods and protects our community members who call Providence home and have for generations.”
Ryan introduced the legislation in response to concerns from residents in the Elmhurst and Mount Pleasant neighborhoods. who were frustrated that single-family homes were being purchased by investors and rented to numerous college students. Ryan, whose ward includes Rhode Island College and is adjacent to Providence College said, “off-campus student housing creates a host of challenges for residents. Moreover, the Court held that limiting population density, congestion, noise, and traffic are all valid governmental objectives. This ordinance will help to ensure that our neighborhoods remain safe and will preserve the quality of life for all.”
Rhode Island State Supreme Court Justice Francis Flaherty in his 24-page opinion stated, “The legislative body may have initially considered more drastic measures, but decided to pass a less restrictive ordinance, is indicative of a democratic process—not a reason to find the result unconstitutional.” Justice Flaherty also opined, “It is conceivable that the City Council could have determined that a large number of college students residing in single-family homes in residential areas is deleterious to the preservation of the character of these areas. It is further conceivable that the City Council could have concluded that, by restricting the number of college students that may rent single-family homes in these areas, some incremental benefit might be effectuated. The rationality of these possibilities is strengthened by the fact that the Amendment conforms with the mission of the City of Providence Zoning Ordinance, which explicitly states among its purposes: ‘promoting the public health, safety and general welfare’ and ‘promoting a balance of housing choices, for all income levels and groups, to assure the health, safety, and welfare of all citizens and their rights to affordable, accessible, safe, and sanitary housing,’ goals that are mandated by the General Assembly…The rationality of the Amendment is further illustrated by its adherence to the City of Providence’s Comprehensive Plan…”
Council President Sabina Matos (Ward 15) stated, “This ordinance is important to preserving our housing stock, especially at a time when we have a serious shortage of housing in the City. I applaud the work of my colleague, Majority Leader Ryan, and all the hard work she did to preserve the quality of life in our city of neighborhoods.”
Ryan noted that the zoning amendment was the product of countless and regular conversations with residents, landlords, college officials, the City Solicitor, planning and public safety officials, and two public hearings on the issue throughout 2015.
Majority Leader Ryan continued, “This is a perfect example of how government should work. I heard the concerns of my constituents and went to bat for them. It has taken five years, two state court opinions, and countless hours to bring this to fruition. I’m pleased for my neighbors that this fight, which I took on as a freshman City Councilor has finally achieved this level of success. However, this is not the end, but a beginning. I will continue to work to deliver results for the families of Providence.”