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General Assembly Raised Bill No. 6611
January Session, 2021
LCO No. 4762
Referred to Committee on PLANNING AND DEVELOPMENT
Introduced by:
(PD)
AN ACT CONCERNING A NEEDS ASSESSMENT AND OTHER
POLICIES REGARDING A FFORDABLE HOUSING AN D
DEVELOPMENT.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. (NEW) (Effective October 1, 2021) (a) As used in this section: 1
(1) "Affordable housing unit" means a dwelling unit conveyed by a 2
deed containing a covenant or restriction which shall require that such 3
dwelling unit shall be sold or rented at, or below, a price which will 4
preserve the unit as housing for a person or family whose income is less 5
than or equal to eighty per cent of the lesser of the state median income 6
or area median income, as determined by the United States Department 7
of Housing and Urban Development, for the municipality in which such 8
dwelling unit is located; 9
(2) "Age restricted unit" means a dwelling unit whose occupancy is 10
limited to not more than one resident under the age of fifty-five; 11
(3) "Aggrieved party" means (A) an entity seeking to develop 12
dwelling units that would count toward the achievement of a 13
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municipality's fair share goal, (B) a nonprofit organization advocating 14
(i) for a municipality's compliance with its fair share requirements under 15
this section, or (ii) on behalf of lower and moderate income households 16
in a planning region, (C) an individual who would qualify for a fair 17
share unit, or (D) a municipality in the same planning region that is (i) 18
not required to create a fair share plan, or (ii) has received a judgment 19
of compliance pursuant to subsection (e) of this section and is meeting 20
relevant benchmarks; 21
(4) "Extremely low income household" means a person or family 22
whose income is less than or equal to thirty per cent of the lesser of the 23
state median income or area median income, as determined by the 24
United States Department of Housing and Urban Development; 25
(5) "Fair share unit" means a dwelling unit required pursuant to this 26
section; 27
(6) "Low income household" means a person or family whose income 28
is less than or equal to eighty per cent of the lesser of the state median 29
income or area median income, as determined by the United States 30
Department of Housing and Urban Development; 31
(7) "Mobile housing voucher" means (A) a voucher issued under the 32
federal Housing Choice Voucher Program pursuant to 42 USC 1437f(o), 33
as amended from time to time, (B) a certificate issued under the program 34
of rental assistance for low-income families living in privately owned 35
rental housing pursuant to section 8-345 of the general statutes, or (C) 36
any similar government-supported voucher program; 37
(8) "Multifamily housing" means a residence that contains three or 38
more dwelling units; 39
(9) "Municipal fair share base" means the portion of the regional need 40
base of a planning region or combined planning regions allocated to a 41
municipality located within such planning region or combined planning 42
regions; 43
(10) "Municipal fair share goal" means the number of fair share units 44
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allocated to a municipality; 45
(11) "Municipal fair share plan" means a municipality's plan to 46
achieve its fair share goal, including (A) two-year, three-year, five-year 47
and ten-year development benchmarks, and (B) zoning regulations 48
amended, and a plan of conservation and development updated, to 49
achieve such municipal fair share goal; 50
(12) "Planning region" has the same meaning as provided in section 51
4-124i of the general statutes, but excluding any; 52
(13) "Regional need base" means an allocation to a planning region, 53
based on an assessment of the state-wide need for affordable housing, 54
of the number of fair share units in such region; 55
(14) "Supportive housing" means affordable housing units available 56
to persons or families that qualify for assistance in accordance with 57
section 17a-485c of the general statutes; and 58
(15) "Very low income household" means a person or family whose 59
income is less than or equal to fifty per cent of the lesser of the state 60
median income or area median income, as determined by the United 61
States Department of Housing and Urban Development. 62
(b) (1) Not later than October 1, 2022, the Secretary of the Office of 63
Policy and Management, in consultation with the Commissioner of 64
Housing, shall complete an assessment of the state-wide need for 65
affordable housing and determine the regional need base for each 66
planning region. Such determination shall be based on (A) figures from 67
the Comprehensive Housing Affordability Strategy data set published 68
by the United States Department of Housing and Urban Development, 69
or from a similar data, and (B) the number of persons or families in the 70
state who pay greater than fifty per cent of their annual income for 71
housing, which income is less than or equal to thirty per cent of the area 72
median income, as determined by said department. 73
(2) (A) Not later than October 1, 2022, the Secretary of the Office of 74
Policy and Management, in consultation with the Commissioner of 75
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Housing, shall determine, for each planning region, the municipal fair 76
share base for each municipality within such planning region. Except as 77
otherwise provided in subparagraph (B) of this subdivision, such 78
determination shall be based on (i) such municipality's ratable assets as 79
reflected by its equalized net grand list, computed in accordance with 80
the provisions of section 10-261a of the general statutes, for residential, 81
apartment, commercial, industrial, public utility and vacant land, (ii) 82
median income differences among all municipalities in such planning 83
region, based on data reported in the most recent United States 84
decennial census or a similar source, (iii) the percentage of such 85
municipality's population that is below the federal poverty threshold, 86
based on data reported in such census or similar source, and (iv) the 87
percentage of such municipality's population that lives in multifamily 88
housing, based on data reported in such census or similar source. 89
(B) (i) In making any such determination, said secretary shall increase 90
the municipal fair share base of a municipality if such municipality, in 91
comparison to other municipalities in the same planning region, has 92
more ratable assets, a higher median income, a lower percentage of its 93
population that is below the federal poverty threshold or a lower 94
percentage of its population that lives in multifamily housing. 95
(ii) If more than twenty per cent of a municipality's population is 96
below the federal poverty threshold, said secretary shall not allocate any 97
portion of the regional need base of a planning region to such 98
municipality. 99
(iii) For a period of not longer than ten years after a municipality 100
submits its municipal fair share plan to said secretary, in accordance 101
with the provisions of subsection (d) of this section, the municipal fair 102
share base of such municipality shall not exceed twenty per cent of the 103
occupied dwelling units in such municipality. 104
(c) (1) The municipal fair share goal of a municipality shall be derived 105
from the municipal fair share base determined in accordance with 106
subsection (b) of this section. 107
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(2) (A) Using the figure so derived under subdivision (1) of this 108
subsection, each municipality shall calculate its fair share goal in 109
accordance with the following parameters: 110
(i) At most forty per cent of fair share units may be resident-owned 111
affordable housing units; 112
(ii) At least twenty per cent of fair share units shall be conveyed by 113
deeds containing covenants or restrictions which shall require that such 114
unit be sold or rented at, or below, prices which will preserve the units 115
as housing for extremely low income households; 116
(iii) At least sixty-five per cent of fair share units shall be conveyed 117
by deeds containing covenants or restrictions which shall require that 118
such unit be sold or rented at, or below, prices which will preserve the 119
units as housing for very low income households; 120
(iv) At most fifteen per cent of rental fair share units may be age 121
restricted units; 122
(v) At least forty per cent of rental fair share units described in 123
subparagraphs (A)(ii) to (A)(iv), inclusive, of this subdivision shall 124
contain two or more bedrooms; 125
(vi) At least twenty-five per cent of rental fair share units described 126
in subparagraphs (A)(ii) to (A)(iv), inclusive, of this subdivision shall 127
contain three or more bedrooms; 128
(vii) At most ten per cent of fair share units described in 129
subparagraphs (A)(i) to (A)(iv), inclusive, of this subdivision may be 130
studio or efficiency dwelling units; and 131
(viii) A substantial portion of fair share units shall be located outside 132
of census tracts in which the percentage of the population that is below 133
the federal poverty threshold is higher than the percentage of such 134
population in such municipality. 135
(B) For each development of fair share units described in 136
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subparagraph (A) of this subdivision, such municipality shall (i) require 137
that the entity developing such fair share units, or the management 138
company of such units, submit to the municipality and the 139
Commissioner of Housing an affirmative marketing plan that complies 140
with the provisions of subsection (b) of section 8-37ee of the general 141
statutes and any related regulations, and (ii) set forth the process by 142
which such municipality shall verify that such affirmative marketing 143
plan is carried out. 144
(3) In addition to fair share units counted in accordance with the 145
provisions of subdivision (2) of this subsection, fair share units may also 146
be counted in accordance with the following standards: 147
(A) Each bedroom in a permanent supportive dwelling unit that is 148
not age restricted shall be equivalent to one fair share unit; 149
(B) Each bedroom in a rental dwelling unit that (i) is conveyed by a 150
deed containing covenants or restrictions which shall require that such 151
unit be sold or rented at, or below, a price which will preserve the unit 152
as housing for extremely low income households, (ii) is not age 153
restricted, and (iii) contains two or more bedrooms, shall be equivalent 154
to one fair share unit; and 155
(C) Each bedroom in a rental dwelling unit that (i) is conveyed by a 156
deed containing covenants or restrictions which shall require that such 157
unit be sold or rented at, or below, a price which will preserve the unit 158
as housing for very low income households, (ii) is not age restricted, and 159
(iii) contains two or more bedrooms, shall be equivalent to three-fourths 160
of a fair share unit. 161
(4) No tenant-based government housing vouchers may be used by a 162
municipality to achieve its municipal fair share goal. 163
(5) The municipal fair share goal of each municipality shall be 164
recalculated every ten years in accordance with the provisions of 165
subsection (b) of this section. 166
(d) (1) (A) Not later than October 1, 2023, each municipality in a 167
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planning region to which the Secretary of the Office of Policy and 168
Management has allocated any portion of the regional need base of such 169
planning region shall submit to said secretary and the Commissioner of 170
Housing the municipal fair share plan for such municipality. Any such 171
submitted municipal fair share plan shall be considered complete only 172
if it includes a copy of both the municipality's zoning regulations 173
amended, and such municipality's plan of conservation and 174
development updated, in accordance with the provisions of title 8 of the 175
general statutes, to reflect changes necessary for such municipal fair 176
share plan to create a realistic opportunity, as described in this 177
subdivision, to achieve the municipal fair share goal of such 178
municipality. 179
(B) The municipal fair share plan of a municipality shall not be 180
considered to create a realistic opportunity for the achievement of the 181
municipal fair share goal of such municipality unless: 182
(i) In the case of any development of housing affordable to persons 183
and families of low and moderate income, such municipal fair share 184
plan (I) requires that such development be proposed on a site that can 185
actually be developed, is not subject to any deed restriction, historic 186
district regulation or inland wetlands regulation and is not already 187
occupied, absent an agreement to move an existing use, and (II) 188
proposes a percentage of fair share units that is economically feasible; 189
(ii) In the case of any other development, such municipal fair share 190
plan provides for funding by such municipality if other housing 191
subsidies are not available; and 192
(iii) Such municipal fair share plan includes two-year, three-year, 193
five-year and ten-year development benchmarks that, at least eighteen 194
months before any such benchmark is to be met, (I) designate specific 195
parcels within the municipality for affordable housing development, (II) 196
specify the income targeting of any such development, and (III) identify 197
the entity so developing any such parcel. 198
(2) (A) Each entity developing fair share units, or the management 199
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company for such units, shall submit to the municipality and the 200
Commissioner of Housing an affirmative marketing plan, as required 201
by such municipality under subparagraph (B) of subdivision (2) of 202
subsection (c) of this section. Not later than one month after receipt of 203
such submission, said commissioner shall conspicuously post on the 204
Internet web site of the Department of Housing such affirmative 205
marketing plan. 206
(B) Each entity developing fair share units, or the management 207
company for such units, shall certify to the municipality and the 208
Commissioner of Housing, every two years, the income of the residents 209
of such fair units. Each municipality shall review such certifications to 210
monitor progress toward the achievement of the municipal fair share 211
goal of such municipality. 212
(C) The Commissioner of Housing shall, at least once every five years, 213
conduct a random audit of each municipality's fair share units to 214
determine whether the procedures set forth in the affirmative marketing 215
plan for each development in such municipality are effective and 216
whether the certifications of income are accurate. Said commissioner 217
shall publish the findings of each such audit on the Internet web site of 218
the Department of Housing. 219
(D) In the case of (i) an entity developing fair share units, the 220
management company for such units or a municipality failing to comply 221
with the provisions of this subdivision, or (ii) a showing that the 222
certifications described in subparagraph (B) of this subdivision are 223
inaccurate, the municipal fair share plan of such municipality shall be 224
deemed out of compliance with the provisions of this section and such 225
municipality shall not be entitled to the protections under subsection (e) 226
of this section. 227
(e) (1) (A) A municipality that has timely submitted its complete 228
municipal fair share plan to the Secretary of the Office of Policy and 229
Management in accordance with the provisions of subparagraph (A) of 230
subdivision (1) of subsection (d) of this section may bring an action in 231
the superior court for the judicial district of Hartford, on the land use 232
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litigation docket, for a finding that the municipal fair share plan of such 233
municipality creates a realistic opportunity for the achievement of the 234
municipal fair share goal of such municipality in ten or fewer years and 235
a judgment determining that such municipality is in compliance with 236
the provisions of this section, in accordance with the provisions of 237
subdivision (3) of this subsection. An aggrieved party may file a motion 238
to intervene in any such action and oppose such a determination if such 239
aggrieved party believes that the municipal fair share plan of such 240
municipality does not create such a realistic opportunity. 241
(B) If the court makes a finding that the municipal fair share plan of 242
such municipality creates a realistic opportunity for the achievement of 243
the municipal fair share goal of such municipality and enters a judgment 244
determining that such municipality is in compliance with the provisions 245
of this section, such municipality shall be immune from the provisions 246
of subdivision (2) of this subsection and subsection (f) of this section for 247
ten years or for the duration of such municipal fair share plan, subject 248
to the provisions of subparagraph (C) of this subdivision. Any such 249
judgment by the court shall require that such municipality submit 250
reports, at least annually, to both the court for entry on the docket of the 251
matter and the Secretary of the Office of Policy and Management. Each 252
such report shall set forth all material facts concerning such 253
municipality's progress toward fulfilling the requirements of its 254
municipal fair share plan according to the benchmarks described in 255
subparagraph (B)(iii) of subdivision (1) of subsection (d) of this section. 256
The municipality shall publish each such report on its Internet web site 257
and, upon receipt of such submission, said secretary shall also publish 258
such report on the Internet web site of such office. 259
(C) Notwithstanding the court's entry of a judgment of compliance 260
pursuant to subparagraph (B) of this subdivision, such court shall 261
continue to exercise jurisdiction over the matter (i) to receive and 262
consider reports submitted by the municipality under said subdivision, 263
(ii) to hear any motion brought by an aggrieved party that such 264
municipality has failed to fulfill the requirements of its municipal fair 265
share plan according to the benchmarks described in subparagraph 266
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(B)(iii) of subdivision (1) of subsection (d) of this section or otherwise 267
materially failed to comply with such municipal fair share plan, to 268
adjudicate any such motion and to order such relief as such court deems 269
appropriate to ensure prompt compliance with the provisions of this 270
section and remedy any such failure, and (iii) to grant an extension of 271
not more than ten years to a municipality, in accordance with the 272
provisions of subparagraph (A) of subdivision (4) of this subsection, for 273
the purpose of fulfilling such requirements, when such court finds the 274
interests of justice so require. 275
(2) (A) In the case of a municipality that has timely submitted its 276
complete municipal fair share plan to the Secretary of the Office of 277
Policy and Management in accordance with the provisions of 278
subparagraph (A) of subdivision (1) of subsection (d) of this section and 279
for which a judgment of compliance has not been entered pursuant to 280
subparagraph (B) of subdivision (1) of this section, or has not been 281
sought by such municipality, any aggrieved party may bring an action 282
in the superior court for the judicial district of Hartford, on the land use 283
litigation docket, for a finding that the municipal fair share plan of such 284
municipality does not create a realistic opportunity for the achievement 285
of the municipal fair share goal of such municipality in ten or fewer 286
years and a judgment determining that such municipality is not in 287
compliance with the provisions of this section. 288
(B) (i) If such court finds that such municipal fair share plan does not 289
create such a realistic opportunity, such court shall enter a judgment of 290
noncompliance with the provisions of this section and order such relief 291
as provided in subparagraph (C) of subdivision (4) of this subsection. 292
(ii) If such court finds that such municipal fair share plan creates such 293
a realistic opportunity, such court shall enter a judgment of compliance 294
with the provisions of this section and shall continue to exercise 295
jurisdiction over the matter pursuant to subparagraph (C) of 296
subdivision (1) of this section. 297
(3) In determining that a municipality is in compliance with the 298
provisions of this section, the court shall consider the following indicia 299
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of whether the municipal fair share plan of such municipality creates a 300
realistic opportunity for the achievement of its municipal fair share goal 301
during the ten-year period following the submission of such municipal 302
fair share plan to the Secretary of the Office of Policy and Management, 303
or such alternative time period as the court may authorize pursuant to 304
this section: 305
(A) Substantial evidence of the realistic potential for the development 306
of the number of fair share units in such municipality necessary to 307
achieve its municipal fair share goal; 308
(B) Bona fide amendments to zoning regulations, including, but not 309
limited to, the adoption of inclusionary zoning provisions, as described 310
in section 8-2i of the general statutes, and other changes to policies and 311
procedures that create a realistic opportunity for the development of fair 312
share units required under the municipal fair share base; 313
(C) A preponderance of evidence that such regulations, policies and 314
procedures demonstrate realistic potential for the development of 315
affordable housing; 316
(D) Memoranda of understanding or other similar agreements 317
between such municipality and any entity seeking to develop affordable 318
housing within such municipality, which memoranda or agreements 319
identify (i) specific parcels to be developed, and (ii) detailed 320
affordability components and number of bedrooms to be counted as fair 321
share units; 322
(E) Memoranda of understanding or other similar agreements 323
between such municipality and any entity seeking to develop affordable 324
housing within such municipality, which memoranda or agreements 325
concern the transfer of municipally owned property; 326
(F) Applications submitted by entities seeking to develop affordable 327
housing in such municipality for the federal Low Income Housing Tax 328
Credit program under 26 USC 42, as amended from time to time, or 329
other state or federal affordable housing funding sources, as well as 330
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evidence of such municipality's support, including any zoning 331
approval, for any such application; 332
(G) Efforts by the municipality to secure funding to expand sewer 333
and other infrastructure related to the development of affordable 334
housing, including, but not limited to, grant applications and bonding 335
measures; 336
(H) A finding by the Commissioner of Housing through a random 337
audit conducted pursuant to subparagraph (C) of subdivision (2) of 338
subsection (c) of this section that entities seeking to develop affordable 339
housing in such municipality are operating under current and effective 340
affirmative marketing plans; 341
(I) Evidence of such municipality's commitment of municipally 342
owned property and other municipal resources to support the 343
achievement of the municipal fair share goal of such municipality; and 344
(J) Any provision of the municipal fair share plan of such 345
municipality, or any other evidence, that such court may deem relevant 346
in making the determination under this subdivision. 347
(4) (A) (i) In any action brought under this subsection for a 348
determination of a municipality's compliance with this section, the court 349
may grant an extension of not more than ten years beyond the duration 350
of the municipal fair share plan of such municipality if such 351
municipality demonstrates that creating a realistic opportunity to 352
achieve its municipal fair share goal would be infeasible without 353
substantial additional infrastructure, not including for public 354
transportation that would be required to avoid risks to public health or 355
address objectively verifiable physical infeasibility. The municipality 356
shall demonstrate the infeasibility of creating such a realistic 357
opportunity with specific evidence of any such risk or physical 358
infeasibility. 359
(ii) In any action brought under this subsection for a determination 360
of a municipality's compliance with this section, the court may grant a 361
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reduction in the municipal fair share goal of such municipality if such 362
municipality establishes by clear and convincing scientific expert 363
evidence that (I) such reduction is necessary due to topographical 364
concerns or in order to protect extraordinary natural resources, and (II) 365
an extension beyond the duration of the municipal fair share plan of 366
such municipality would not be sufficient to address such topographical 367
concerns or risk to such natural resources. 368
(B) In any action brought under this subsection for a determination 369
of a municipality's compliance with this section, such municipality shall 370
bear the burden of establishing that its municipal fair share plan satisfies 371
the standard set forth in subparagraph (B) of subdivision (1) of 372
subsection (d) of this section. 373
(C) In any action brought under this subsection for a determination 374
of a municipality's compliance with this section, or on motion filed 375
under subparagraph (A) of subdivision (1) of subsection (e) of this 376
section, if the court finds that the municipal fair share plan of a 377
municipality fails to satisfy the standard set forth in subparagraph (B) 378
of subdivision (1) of subsection (d) of this section, (i) such court may 379
order payment of the aggrieved party's attorneys' costs and fees and 380
such other relief as such court deems appropriate to ensure prompt 381
compliance with this section and remedy any such failure, (ii) in the case 382
of an aggrieved party described under subparagraph (A) of subdivision 383
(3) of subsection (a) of this section, such court may issue an order 384
requiring that such municipality's planning commission, zoning 385
commission or combined planning and zoning commission, as 386
applicable, grant approval to allow a development to proceed, unless 387
such municipality demonstrates to the court, and such court finds, that 388
such development would present a significant risk to public health or 389
safety and could not be reasonably modified to avoid such risk, and (iii) 390
such court shall continue to exercise jurisdiction over the matter to 391
enforce any judgment or order of such court and receive and consider 392
any reports that such court may require such municipality to submit. 393
(f) (1) In the case of a municipality that fails to submit a municipal fair 394
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share plan to the Secretary of the Office of Policy and Management, in 395
accordance with the provisions of subsection (d) of this section, such 396
municipality shall not be eligible to receive a certificate of affordable 397
housing completion under subdivision (4) of subsection (l) of section 8-398
30g of the general statutes until not less than two years after the 399
submission of such municipal fair share plan. 400
(2) (A) Any aggrieved party may bring an action in the superior court 401
for the judicial district of Hartford, on the land use litigation docket, for 402
a judgment determining that a municipality is not in compliance with 403
the provisions of this section and an order of such relief as such court 404
deems appropriate to ensure prompt compliance with the provisions of 405
this section, including, but not limited to, temporary provisional relief, 406
prompt creation and submission of a municipal fair share plan that 407
complies with the provisions of this section and the appointment of an 408
independent qualified expert or experts to create a municipal fair share 409
plan for such municipality. If such aggrieved party is successful in any 410
such action, such aggrieved party shall be awarded any attorneys' costs 411
and fees, including, but not limited to, the costs of appellate review, 412
remands or other judicial proceedings, as well as any monetary losses 413
attributable to such municipality's failure to create and a municipal fair 414
share plan. 415
(B) An aggrieved party described under subparagraph (A) of 416
subdivision (3) of subsection (a) of this section may file an application 417
with the superior court for the judicial district of Hartford, on the land 418
use litigation docket, for an approval to allow a development to proceed. 419
If, on such application, the court finds that (i) such development is not 420
age restricted, (ii) at least fifteen per cent of the dwelling units in such 421
development are affordable to very low income households, (iii) at least 422
forty per cent of such affordable dwelling units have two or more 423
bedrooms, and (iv) at least twenty-five per cent of such affordable 424
dwelling units have three or more bedrooms, such court may order that 425
such municipality's zoning commission, planning commission or 426
combined planning and zoning commission, as applicable, grant 427
approval to allow such development to proceed, unless such 428
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municipality demonstrates that such development would present a 429
significant risk to public health or safety and could not be reasonably 430
modified to avoid such risk. 431
(g) (1) Except as provided in subdivision (2) of this section, whenever 432
the Secretary of the Office of Policy and Management or the 433
Commissioner of Housing, or both, fail to perform any duty required of 434
said secretary or commissioner, as applicable, under the provisions of 435
this section, any aggrieved party described under subparagraphs (A) to 436
(C), inclusive, of subdivision (2) of subsection (a) of this section may 437
bring an action in the superior court for the judicial district of Hartford, 438
on the land use litigation docket, for an order (A) that said secretary or 439
commissioner, as applicable, comply with the provisions of this section, 440
and (B) of such relief as such court deems necessary or appropriate to 441
ensure prompt compliance with the provisions of this section, including, 442
but not limited to, permanent or temporary provisional relief and 443
attorneys' costs and fees. 444
(2) In the case of any action brought pursuant to subdivision (1) of 445
this subsection in which multiple aggrieved parties described under 446
subparagraph (B) of subdivision (2) of subsection (a) of this section file 447
motions to intervene in such action, the court may limit the number of 448
intervenors in such action if such court makes a finding on the record 449
that such intervenor or intervenors adequately represent the public 450
interest and the interests of lower and moderate income households in 451
a planning region. 452
(h) (1) In the case of a municipality for which the municipal fair share 453
base has been reduced, other than in accordance with the provisions of 454
subparagraph (B)(iii) of subdivision (2) of subsection (b) of this section, 455
the number of fair share units represented by such reduction shall be 456
allocated to each other municipality in the same planning region in 457
proportion to the regional need base excluding the municipality for 458
which the municipal fair share base has been reduced. 459
(2) (A) Any need for fair share units identified through the 460
assessment completed by the Secretary of the Office of Policy and 461
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Management, in consultation with the Commissioner of Housing, 462
pursuant to subdivision (1) of subsection (b) of this section that is unmet 463
after the allocation of such units to municipalities shall be met by the 464
state through (i) the issuance of new mobile housing vouchers to 465
address half of such unmet need, and (ii) the offering of subsidies for 466
the construction of new affordable housing in which thirty per cent of 467
the dwelling units are affordable to very low income households. 468
(B) (i) Only dwelling units affordable to very low income households 469
may count toward the state's new construction obligation under 470
subparagraph (A) of this subdivision. Dwelling units constructed under 471
said subparagraph shall not be age restricted and may be resident-472
owned affordable housing units. 473
(ii) For any new construction under subparagraph (A) of this 474
subdivision, an entity seeking to develop affordable housing in a 475
municipality may file an application with the superior court for the 476
judicial district of Hartford, on the land use litigation docket, for an 477
approval to allow a development to proceed. If, on such application, 478
such court finds such development furthers the purposes of this section, 479
such court may issue an order requiring that such municipality's zoning 480
commission, planning commission or combined planning and zoning 481
commission, as applicable, grant approval to allow such development 482
to proceed. 483
(C) (i) The state shall appropriate funds, at levels above current 484
funding and over ten-year periods, for mobile housing vouchers and 485
construction subsidies described in subparagraph (A) of this 486
subdivision, except that federal moneys, over and above current 487
allocations, may be directed toward providing funding for such 488
vouchers and subsidies. 489
(ii) No such construction subsidy described in subparagraph (A) of 490
this subdivision may be used (I) within a municipality in which twenty 491
per cent or more of such municipality's population is below the federal 492
poverty threshold, or (II) within a census tract in which the percentage 493
of the population that is below the federal poverty threshold is higher 494
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than the percentage of such population in the state. 495
This act shall take effect as follows and shall amend the following
sections:
Section 1 October 1, 2021 New section
Statement of Purpose:
To provide for (1) an assessment of the state-wide need for affordable
housing and an allocation of such need to planning regions and
municipalities, (2) the creation of affordable housing planning and
zoning goals for each municipality, (3) the implementation schedule for
such goals, (4) enforcement of such goals, and (5) state support to meet
affordable housing needs beyond those met through such goals.
[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.]