An Act Reforming The Affordable Housing Land Use Appeals Procedure.
Impact
If enacted, SB00302 would impact state laws relating to land use and housing policy, fundamentally altering the balance of power in land use appeals. Local commissions would gain the authority to deny housing applications that do not comply with municipal open space requirements or density regulations. Proponents argue that this will lead to more responsibly planned housing developments, aligning them with local land use goals and protecting community interests. Conversely, this could also lead to reduced opportunities for affordable housing projects, particularly in areas that are less favorable to such developments.
Summary
SB00302 is an act that aims to reform the affordable housing land use appeals procedure in the state. Under the current framework, there exists a presumption that affordable housing developments should be approved, which can complicate municipal land use decisions. The bill proposes a significant shift in this process by transferring the burden of proof in appeals to the applicant, thereby allowing municipalities greater latitude in denying or modifying applications based on local regulations regarding open space and density. This change is intended to empower local governments to better manage land use and development in accordance with community standards and needs.
Contention
Notably, the bill has sparked contention among various stakeholders. Proponents of the bill, including local government officials and some community groups, advocate for more control over housing developments to ensure they respect local demographics and infrastructure. In contrast, housing advocates argue that the bill could severely limit affordable housing options in areas that desperately need them, raising concerns about potential adverse effects on housing availability and increasing socio-economic segregation in the state.