Narragansett leaders re-examine three‑student rule as state law narrows municipal authority

At a joint work session, the Narragansett Town Council met with the Planning Board to review section 7.23 of the zoning ordinance governing "student‑occupied dwellings" and to discuss enforcement, legal risk and possible revisions.

Town Council President Alex opened the session by saying the meeting was called to respond to resident questions and a letter from the American Civil Liberties Union challenging the three‑student ordinance. He told the group that "due to ongoing litigation on the enforcement of this ordinance, however, that is all I will say on this topic." The council and planning board sought shared legal advice and factual context from the solicitors and staff.

Town solicitor Nicholas Olitro summarized the key change in state law that took effect in June 2024: "The maximum number may be set by local ordinance, but this maximum shall not be less than 1 person per bedroom and shall not exceed 5 unrelated persons per dwelling." Olitro and other solicitors explained that the statutory language can create direct conflicts with a local rule that caps student households at three people regardless of bedrooms: for example, a four‑bedroom house that the town would limit to three students could be allowed by state law to house five unrelated people.

Planning board materials reviewed at the meeting trace the ordinance's history. A memo from former Planning Board Chair Terry Fleming noted that only about 6.5% of the town's housing stock has five or more bedrooms and that the planning board was split (2–2) on recommending a reduction to three students because members questioned whether the draft language provided clear, objective criteria for compliance. Fleming's memo and the planning board's June 29, 2023 correspondence were shared with the council as background.

Officials discussed enforcement realities and competing policy goals. Councilors and planning board members said the town faces recurring complaints about noise, parties and parking in neighborhoods where student renters live, and they also acknowledged that students contribute to the local economy. Participants cited several numerical details from staff analysis: the town's database lists roughly 783 rental properties with four or more bedrooms and about 1,917 three‑bedroom rentals; University of Rhode Island (URI) enrollment and housing data were cited as the source of the working estimate that 6,000–8,000 URI students live in Narragansett in some part of the year, a number participants said amounts to a substantial fraction of URI's enrollment.

Discussion topics included whether to: (1) retain a distinct student‑only rule, (2) align the student rule with the town's unrelated‑person ordinance (the council has previously adopted a "no more than one person per bedroom, max of five" standard), or (3) seek legislative clarity from the General Assembly. Solicitor Tom Craven urged caution about litigation and suggested that, if parking or another narrow problem is driving the policy, the town consider seeking a statute or clarifying language from the General Assembly rather than relying on protracted court battles.

Several staff and board members pressed for practical enforcement tools rather than solely numerical limits. Proposed enforcement steps discussed included: improving the rental registration database to include occupant names and contact information; requiring posted leases and clearer documentation for police visits; developing model lease language and landlord best practices (industry self‑policing); increasing code‑enforcement capacity; and continuing coordinated outreach with URI to encourage year‑round leases or campus housing that could relieve market pressure. The town's current enforcement staff was described as two part‑time code officers plus rental program clerical support; participants said the number of enforcement staff and available tools will influence what new rules are practical to enforce.

No ordinance change was adopted at the meeting. The discussion closed with agreement to continue work: councilors and the planning board will coordinate further drafting, staff will provide follow‑up information about rental registration numbers and enforcement resources (including how many "orange stickers" were issued), and the council expects to continue conversations with URI about housing supply and student behavior.

Why it matters: Officials said the legal ambiguity created by the June 2024 state definition of "unrelated" could expose the town to litigation if local rules impose stricter limits on students than on other unrelated renters. That ambiguity also shapes the town's ability to pursue policy goals such as reducing neighborhood disturbance, preserving family housing affordability, and addressing parking and infrastructure impacts.

The council and planning board framed next steps as a mix of legal review, enforcement improvements, and coordination with URI and state lawmakers rather than an immediate vote to change the ordinance.