Connecticut House Bill HB06115

Connecticut 2013 Regular Session

• Introduced: 1/25/13
• Refer: 1/25/13

Caption

An Act Concerning Considerations In Affordable Housing Appeals.

Impact

This bill fundamentally alters the decision-making process in affordable housing appeals, potentially leading to increased developments of affordable housing units within municipalities. By emphasizing the need for affordable housing and making judges consider the necessity of such developments, the bill encourages local governments to acknowledge community housing needs more actively. However, this shift could also result in tension between local commissions and developers, particularly in areas where zoning laws might restrict new developments.

Summary

House Bill 6115 aims to amend the criteria considered during appeals of denied affordable housing applications. The proposed legislation would require judges to take into account several specific factors when deciding on such appeals. These factors include the suitability of the land for the proposed development, the actual need for the type of affordable housing in the municipality, compliance with zoning regulations, and whether the benefits of the proposed affordable housing units outweigh the local commission's objections. The bill further stipulates that these considerations should apply retrospectively to any pending appeals, thereby affecting ongoing cases.

Contention

Opponents of the bill might argue that it undermines local control over land use decisions, as it mandates judges to prioritize the need for affordable housing over local regulations and concerns. Supporters, however, contend that it is essential to expedite the development of affordable housing to address what they see as a growing crisis in availability and accessibility. The tension between local regulations and the state's directive to increase affordable housing could lead to legal disputes and challenges in implementation.