General Assembly Committee Bill No. 5479
January Session, 2011 LCO No. 4904
*04904HB05479PD_*
Referred to Committee on Planning and Development
Introduced by:
(PD)
General Assembly
Committee Bill No. 5479
January Session, 2011
LCO No. 4904
*04904HB05479PD_*
Referred to Committee on Planning and Development
Introduced by:
(PD)
AN ACT CONCERNING CONSIDERATIONS IN AFFORDABLE HOUSING APPEALS.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. Subsection (g) of section 8-30g of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2011):
(g) Upon an appeal taken under subsection (f) of this section, the burden shall be on the commission to prove, based upon the evidence in the record compiled before such commission that the decision from which such appeal is taken and the reasons cited for such decision are supported by sufficient evidence in the record. The commission shall also have the burden to prove, based upon the evidence in the record compiled before such commission, that (1) (A) the decision is necessary to protect substantial public interests in health, safety, or other matters which the commission may legally consider; (B) such public interests clearly outweigh the need for affordable housing; and (C) such public interests cannot be protected by reasonable changes to the affordable housing development, [or] (2) (A) the application [which] that was the subject of the decision from which such appeal was taken would locate affordable housing in an area which is zoned for industrial use and which does not permit residential uses, and (B) the development is not assisted housing, as defined in subsection (a) of this section, or (3) (A) the application that was the subject of the decision from which such appeal was taken would locate affordable housing on a lot that is unbuildable pursuant to the commission's regulations in effect at the time such application is filed, and (B) such lot cannot be made buildable due to natural conditions of the property. If the commission does not satisfy its burden of proof under this subsection, the court shall wholly or partly revise, modify, remand or reverse the decision from which the appeal was taken in a manner consistent with the evidence in the record before it.
This act shall take effect as follows and shall amend the following sections:
Section 1 October 1, 2011 8-30g(g)
This act shall take effect as follows and shall amend the following sections:
Section 1
October 1, 2011
8-30g(g)
Statement of Purpose:
To amend the criteria a judge must consider in an appeal of a denial of an affordable housing application.
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]
Co-Sponsors: REP. REYNOLDS, 42nd Dist.; SEN. PRAGUE, 19th Dist.
Co-Sponsors:
REP. REYNOLDS, 42nd Dist.; SEN. PRAGUE, 19th Dist.
H.B. 5479