Rhode Island Superior Court Throws Out “Three Student” Rental Ordinance

Towns and Cities in Rhode Island often adopt zoning ordinances in an attempt to preserve or direct the character of the municipality. These ordinances may limit the number of occupants to a dwelling, the number of families permitted in a single building, or even the total square footage of a home. In response to the proliferation of students moving into towns adjacent to colleges and universities, some municipalities have attempted to pass ordinances that prevent multiple students (or unrelated tenants in general) from occupying the same house. The Rhode Island Superior Court recently addressed a claim filed against the town of Narragansett by a group of landlords who challenged such an ordinance.

The ordinance in question was passed by Narragansett last year in response to townspeople’s concerns about the increasing numbers of houses that were being rented to groups of students attending the University of Rhode Island’s nearby Kingston campus. Supporters of the ordinance took issue with students having boisterous parties that disrupted the quiet character of the town, as well as outside landlords’ purchasing of properties to rent to students as “unofficial dormitories,” which resulted in an exodus of long-term residents. The ordinance passed prohibited any residence in the town from being rented to four or more college students unless the owner of the residence also resided there.

A group of landlords, student advocates, and property owners who opposed the ordinance filed a suit in state court, challenging the legality of the ordinance, as well as the procedure that the town followed to get it passed. The plaintiffs challenged several aspects of the ordinance’s passage, arguing that the town council did not allow all members of the public who desired to comment on the ordinance the opportunity to be heard. Additionally, the plaintiffs argued that the town did not follow a statutory requirement for passing such ordinances, by failing to refer the ordinance to the town planning board for consideration before voting and passing the regulation.

Although the town argued that they had substantially complied with the statutory requirement by submitting a previous version of the ordinance to the planning board in 2020, the court disagreed, ruling that submission of the 2021 ordinance was not optional. Based on the findings of the superior court and the resulting order, the ordinance has been voided, and landlords are presently free to rent out their homes to large groups of college students in the town.

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Suppose you are a Rhode Island landlord with questions about lease terms or the applicability of state and local laws to the planned use of your property. In that case, it can be difficult to understand what does and does not apply in your situation. The Rhode Island property attorneys at Bilodeau Capalbo, LLP represent landlords in more than just eviction claims. Our qualified municipal use attorneys can assist you in navigating state and local regulations if you are seeking to subdivide a property or facing opposition to a legitimate use. With our help, you can be confident that you are acting within your rights to use your property as you see fit. If you have questions about a Rhode Island property or real estate issue, call us at 401-300-4055 for a free consultation.