Rhode Island Code of Regulations Title 480 - State Housing Appeals Board
Rhode Island Code of Regulations Title 480 – State Housing Appeals Board
1. Purpose and Scope
Title 480 establishes the State Housing Appeals Board (SHAB), which functions as an administrative body to hear and decide appeals related to housing matters within Rhode Island.
The Board primarily reviews decisions from local housing authorities or municipal boards concerning housing code enforcement, landlord-tenant disputes, rent control, and housing violations.
Its goal is to provide an impartial forum for resolving housing disputes fairly and efficiently.
2. Jurisdiction and Authority
The SHAB has authority to hear appeals on:
Violations of housing codes.
Decisions regarding housing permits or licenses.
Disputes between landlords and tenants under local housing regulations.
Enforcement actions taken by housing inspectors or municipal officials.
The Board does not create housing policy but reviews whether decisions comply with applicable regulations and procedural fairness.
3. Filing an Appeal
Appeals to the Board must be filed within a specific time frame following the decision being appealed (often 20–30 days).
The appellant must submit a written notice of appeal, stating the grounds for the appeal.
Failure to meet procedural requirements may result in dismissal.
4. Hearing Procedures
The Board conducts formal hearings where both parties (appellant and opposing party) may present evidence, testimony, and legal arguments.
Hearings are generally public, ensuring transparency.
Parties have the right to representation and to cross-examine witnesses.
5. Decision-Making and Remedies
After hearing the case, the Board issues a written decision which may:
Affirm, reverse, or modify the original decision.
Order corrective actions or dismiss complaints.
Impose fines or penalties in certain cases.
Decisions by the Board are generally final within the administrative system but can be subject to judicial review if appealed to a court.
Case Law Principles Relevant to the State Housing Appeals Board
Because specific Rhode Island case law on Title 480 may not be widely reported, here are general principles and hypothetical examples based on similar administrative appeals boards and housing law:
Case 1: Procedural Fairness
Courts have emphasized that administrative boards like SHAB must provide due process, including timely notice, opportunity to be heard, and fair consideration of evidence.
Example: In Doe v. Housing Appeals Board, a court overturned a Board decision where the appellant was denied the opportunity to present evidence.
Case 2: Substantial Evidence Review
Courts typically uphold SHAB’s factual findings if supported by substantial evidence on the record.
Example: In Smith v. City Housing Authority, the court deferred to the Board’s finding of housing code violations after a thorough hearing.
Case 3: Scope of Review
The Board’s role is to review compliance with housing codes and procedural rules, not to substitute its judgment for the original agency unless there was an abuse of discretion.
Example: Jones v. State Housing Appeals Board held that the Board cannot overturn municipal decisions unless clearly erroneous or arbitrary.
Summary
Rhode Island Code of Regulations Title 480 sets forth the rules for the State Housing Appeals Board, which hears appeals related to housing enforcement and disputes.
The Board ensures fair hearings, adherence to housing regulations, and resolution of conflicts between landlords, tenants, and housing authorities.
Judicial review of the Board’s decisions centers on procedural fairness and whether findings are supported by substantial evidence.
The Board functions as a crucial check on local housing enforcement actions.
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