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General Assembly Substitute Bill No. 6611
January Session, 2021
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 the occupancy of 10
which is limited to not more than one resident under the age of fifty-11
five; 12
(3) "Aggrieved party" means (A) a developer seeking to construct 13
dwelling units that would count toward the achievement of a 14
municipality's municipal fair share goal, (B) a nonprofit organization 15
advocating (i) for a municipality's compliance with its fair share 16 Substitute Bill No. 6611
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requirements under this section, or (ii) on behalf of lower and moderate 17
income households in a planning region or combined planning region, 18
as applicable, (C) an individual who would qualify for a fair share unit, 19
or (D) a municipality in the same planning region or combined planning 20
region, as applicable, that (i) is not required to create a fair share plan, 21
or (ii) has received a judgment of compliance pursuant to subsection (e) 22
of this section and is meeting relevant benchmarks; 23
(4) "Combined planning region" means the two planning regions of 24
the state, as defined or redefined by the Secretary of the Office of Policy 25
and Management or the secretary's designee under the provisions of 26
section 16a-4a of the general statutes, in which the Connecticut 27
Metropolitan Council of Governments and the Western Connecticut 28
Council of Governments are established, respectively; 29
(5) "Extremely low income household" means a person or family 30
whose income is less than or equal to thirty per cent of the lesser of the 31
state median income or area median income, as determined by the 32
United States Department of Housing and Urban Development; 33
(6) "Fair share unit" means a dwelling unit required pursuant to this 34
section; 35
(7) "Low income household" means a person or family whose income 36
is less than or equal to eighty per cent of the lesser of the state median 37
income or area median income, as determined by the United States 38
Department of Housing and Urban Development; 39
(8) "Mobile housing voucher" means (A) a voucher issued under the 40
federal Housing Choice Voucher Program pursuant to 42 USC 1437f(o), 41
as amended from time to time, (B) a certificate issued under the program 42
of rental assistance for low-income families living in privately-owned 43
rental housing pursuant to section 8-345 of the general statutes, or (C) 44
any similar government-supported voucher program; 45
(9) "Multifamily housing" means a residential building that contains 46
three or more dwelling units; 47 Substitute Bill No. 6611
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(10) "Municipal fair share base" means the portion of the regional 48
need base of a planning region or combined planning region, as 49
applicable, that is allocated to a municipality located within such 50
planning region or combined planning region; 51
(11) "Municipal fair share goal" means the number of fair share units 52
that are allocated to a municipality; 53
(12) "Municipal fair share plan" means a municipality's plan to 54
achieve its municipal fair share goal, including (A) two-year, three-year, 55
five-year and ten-year development benchmarks, and (B) zoning 56
regulations amended, and a plan of conservation and development 57
updated, to achieve such municipal fair share goal; 58
(13) "Planning region" means a planning region of the state, as 59
defined or redefined by the Secretary of the Office of Policy and 60
Management or the secretary's designee under the provisions of section 61
16a-4a of the general statutes, but excludes the two such regions that 62
constitute a combined planning region; 63
(14) "Regional need base" means an allocation to a planning region or 64
combined planning region, as applicable, based on an assessment of the 65
state-wide need for affordable housing, of the number of fair share units 66
in such planning region or combined planning region; 67
(15) "Supportive housing" means affordable housing units available 68
to persons or families that qualify for assistance in accordance with 69
section 17a-485c of the general statutes; and 70
(16) "Very low income household" means a person or family whose 71
income is less than or equal to fifty per cent of the lesser of the state 72
median income or area median income, as determined by the United 73
States Department of Housing and Urban Development. 74
(b) (1) Not later than October 1, 2022, the Secretary of the Office of 75
Policy and Management, in consultation with the Commissioner of 76
Housing, shall complete an assessment of the state-wide need for 77 Substitute Bill No. 6611
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affordable housing and determine the regional need base for each 78
planning region or combined planning region, as applicable. Such 79
determination shall be based on (A) figures from the Comprehensive 80
Housing Affordability Strategy data set published by the United States 81
Department of Housing and Urban Development, or from a similar 82
source, and (B) the number of persons or families in the state who pay 83
greater than fifty per cent of their annual income for housing, which 84
income is less than or equal to thirty per cent of the area median income, 85
as determined by said department. 86
(2) (A) Not later than October 1, 2022, the Secretary of the Office of 87
Policy and Management, in consultation with the Commissioner of 88
Housing, shall determine, for each planning region or combined 89
planning region, as applicable, the municipal fair share base for each 90
municipality within such planning region or combined planning region. 91
Except as otherwise provided in subparagraph (B) of this subdivision, 92
such determination shall be based on (i) such municipality's ratable real 93
and personal property as reflected by its equalized net grand list, 94
computed in accordance with the provisions of section 10-261a of the 95
general statutes, for residential, apartment, commercial, industrial, 96
public utility and vacant land, (ii) median income differences among all 97
municipalities in such planning region or combined planning region, 98
based on data reported in the most recent United States decennial 99
census or a similar source, (iii) the percentage of such municipality's 100
population that is below the federal poverty threshold, based on data 101
reported in such census or similar source, and (iv) the percentage of such 102
municipality's population that lives in multifamily housing, based on 103
data reported in such census or similar source. 104
(B) (i) In making any such determination, said secretary shall increase 105
the municipal fair share base of a municipality if such municipality, in 106
comparison to other municipalities in the same planning region or 107
combined planning region, as applicable, has more ratable real and 108
personal property, a higher median income, a lower percentage of its 109
population that is below the federal poverty threshold or a lower 110 Substitute Bill No. 6611
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percentage of its population that lives in multifamily housing. 111
(ii) If more than twenty per cent of a municipality's population is 112
below the federal poverty threshold, said secretary shall not allocate any 113
portion of the regional need base of a planning region or combined 114
planning region, as applicable, to such municipality. 115
(iii) For a period of not longer than ten years after a municipality 116
submits its municipal fair share plan to said secretary, in accordance 117
with the provisions of subsection (d) of this section, the municipal fair 118
share base of such municipality shall not exceed twenty per cent of the 119
occupied dwelling units in such municipality. 120
(c) (1) The municipal fair share goal of a municipality shall be derived 121
from the municipal fair share base determined in accordance with the 122
provisions of subsection (b) of this section. 123
(2) (A) Using the figure derived under subdivision (1) of this 124
subsection, each municipality shall calculate its municipal fair share 125
goal in accordance with the following parameters: 126
(i) At most forty per cent of fair share units may be resident-owned 127
affordable housing units; 128
(ii) At least twenty per cent of fair share units shall be conveyed by 129
deeds containing covenants or restrictions which shall require that such 130
units be sold or rented at, or below, prices which will preserve the units 131
as housing for extremely low income households; 132
(iii) At least sixty-five per cent of fair share units shall be conveyed 133
by deeds containing covenants or restrictions which shall require that 134
such units be sold or rented at, or below, prices which will preserve the 135
units as housing for very low income households; 136
(iv) At most fifteen per cent of rental fair share units may be age-137
restricted units; 138 Substitute Bill No. 6611
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(v) At least forty per cent of rental fair share units described in 139
subparagraphs (A)(ii) to (A)(iv), inclusive, of this subdivision shall 140
contain two or more bedrooms; 141
(vi) At least twenty-five per cent of rental fair share units described 142
in subparagraphs (A)(ii) to (A)(iv), inclusive, of this subdivision shall 143
contain three or more bedrooms; 144
(vii) At most ten per cent of fair share units described in 145
subparagraphs (A)(i) to (A)(iv), inclusive, of this subdivision may be 146
dwelling units that combine the functionality of multiple rooms into one 147
room, such as studio or efficiency units; and 148
(viii) A substantial portion, as jointly determined by the Secretary of 149
the Office of Policy and Management and the Commissioner of 150
Housing, of fair share units shall be located outside of census tracts in 151
which the percentage of the population that is below the federal poverty 152
threshold is higher than the percentage of such population in such 153
municipality. 154
(B) For each development of fair share units described in 155
subparagraph (A) of this subdivision, such municipality shall (i) require 156
that the developer constructing such fair share units, or the property 157
management company for such units, submit to the municipality and 158
the Commissioner of Housing an affirmative marketing plan that 159
complies with the provisions of subsection (b) of section 8-37ee of the 160
general statutes and any related regulations, and (ii) set forth the process 161
by which such municipality shall verify that such affirmative marketing 162
plan is carried out. 163
(3) In addition to fair share units counted in accordance with the 164
provisions of subdivision (2) of this subsection, fair share units may also 165
be counted in accordance with the following standards: 166
(A) In the case of a dwelling unit in permanent supportive housing 167
that is not an age-restricted unit, each bedroom shall be equivalent to 168
one fair share unit; 169 Substitute Bill No. 6611
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(B) In the case of a rental dwelling unit that (i) is conveyed by a deed 170
containing covenants or restrictions which shall require that such unit 171
be sold or rented at, or below, a price which will preserve the unit as 172
housing for extremely low income households, (ii) is not an age-173
restricted unit, and (iii) contains two or more bedrooms, each bedroom 174
shall be equivalent to one fair share unit; and 175
(C) In the case of a rental dwelling unit that (i) is conveyed by a deed 176
containing covenants or restrictions which shall require that such unit 177
be sold or rented at, or below, a price which will preserve the unit as 178
housing for very low income households, (ii) is not an age-restricted 179
unit, and (iii) contains two or more bedrooms, each bedroom shall be 180
equivalent to three-fourths of a fair share unit. 181
(4) No tenant-based government housing vouchers may be used by a 182
municipality to achieve its municipal fair share goal. 183
(5) The municipal fair share goal of each municipality shall be 184
recalculated every ten years in accordance with the provisions of 185
subsection (b) of this section. 186
(d) (1) (A) Not later than October 1, 2023, each municipality in a 187
planning region or combined planning region, as applicable, to which 188
the Secretary of the Office of Policy and Management has allocated any 189
portion of the regional need base of such planning region or combined 190
planning region shall submit to said secretary and the Commissioner of 191
Housing the municipal fair share plan for such municipality. Any such 192
submitted municipal fair share plan shall be considered complete only 193
if it includes a copy of both the municipality's zoning regulations 194
amended, and such municipality's plan of conservation and 195
development updated, in accordance with the provisions of title 8 of the 196
general statutes, to reflect changes necessary for such municipal fair 197
share plan to create a realistic opportunity, as described in this 198
subdivision, to achieve the municipal fair share goal of such 199
municipality. 200 Substitute Bill No. 6611
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(B) The municipal fair share plan of a municipality shall not be 201
considered to create a realistic opportunity for the achievement of the 202
municipal fair share goal of such municipality unless: 203
(i) In the case of any development of housing affordable to persons 204
and families of low and moderate income, such municipal fair share 205
plan (I) requires that such development be proposed on a site that is 206
capable of being developed in accordance with such municipality's 207
regulations, is not subject to any deed restriction, historic district 208
regulation or inland wetlands regulation and is not already occupied, 209
absent an agreement to move the existing use that is already occupying 210
such site, and (II) proposes a percentage of fair share units that is 211
economically feasible, in accordance with guidance issued jointly by the 212
Secretary of the Office of Policy and Management and the 213
Commissioner of Housing; 214
(ii) In the case of any other development, such municipal fair share 215
plan provides for funding by such municipality if other housing 216
subsidies are not available; and 217
(iii) Such municipal fair share plan includes two-year, three-year, 218
five-year and ten-year development benchmarks that, at least eighteen 219
months before any such benchmark is to be met, (I) designate specific 220
parcels within the municipality for affordable housing development, (II) 221
specify the income level of the population being targeted for any such 222
development, and (III) identify the developer of each such parcel. 223
(2) (A) Each developer of fair share units, or the property 224
management company for such units, shall submit to the municipality 225
and the Commissioner of Housing an affirmative marketing plan, as 226
required by such municipality under subparagraph (B) of subdivision 227
(2) of subsection (c) of this section. Not later than one month after receipt 228
of such submission, said commissioner shall conspicuously post on the 229
Internet web site of the Department of Housing such affirmative 230
marketing plan. 231 Substitute Bill No. 6611
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(B) Each developer of fair share units, or the property management 232
company for such units, shall certify to the municipality and the 233
Commissioner of Housing, every two years, the income of the residents 234
of such fair share units. Each municipality shall review such 235
certifications to monitor progress toward the achievement of the 236
municipal fair share goal of such municipality. 237
(C) The Commissioner of Housing shall, at least once every five years, 238
conduct a random audit of each municipality's fair share units to 239
determine whether the procedures set forth in the affirmative marketing 240
plan for each development in such municipality are effective and 241
whether the certifications of income are accurate. Said commissioner 242
shall publish the findings of each such audit on the Internet web site of 243
the Department of Housing. 244
(D) In the case of (i) a developer of fair share units, the property 245
management company for such units or a municipality failing to comply 246
with the provisions of this subdivision, or (ii) a showing that the 247
certifications described in subparagraph (B) of this subdivision are 248
inaccurate, the municipal fair share plan of such municipality shall be 249
deemed out of compliance with the provisions of this section and such 250
municipality shall not be entitled to the protections under subsection (e) 251
of this section. 252
(e) (1) (A) A municipality that has timely submitted its complete 253
municipal fair share plan to the Secretary of the Office of Policy and 254
Management in accordance with the provisions of subparagraph (A) of 255
subdivision (1) of subsection (d) of this section may bring an action in 256
the superior court for the judicial district of Hartford, on the land use 257
litigation docket, for a finding that the municipal fair share plan of such 258
municipality creates a realistic opportunity for the achievement of the 259
municipal fair share goal of such municipality in ten or fewer years and 260
a judgment determining that such municipality is in compliance with 261
the provisions of this section, in accordance with the provisions of 262
subdivision (3) of this subsection. An aggrieved party may file a motion 263
to intervene in any such action and oppose such a determination if such 264 Substitute Bill No. 6611
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aggrieved party believes that the municipal fair share plan of such 265
municipality does not create such a realistic opportunity. 266
(B) If the court makes a finding that the municipal fair share plan of 267
such municipality creates a realistic opportunity for the achievement of 268
the municipal fair share goal of such municipality and enters a judgment 269
determining that such municipality is in compliance with the provisions 270
of this section, such municipality shall not be subject to the provisions 271
of subdivision (2) of this subsection and subsection (f) of this section for 272
ten years or for the duration of such municipal fair share plan, except as 273
provided in subparagraph (C) of this subdivision. Any such judgment 274
by the court shall require that such municipality submit reports, at least 275
annually, to both the court for entry on the docket of the matter and the 276
Secretary of the Office of Policy and Management. Each such report shall 277
set forth all material facts concerning such municipality's progress 278
toward fulfilling the requirements of its municipal fair share plan 279
according to the benchmarks described in subparagraph (B)(iii) of 280
subdivision (1) of subsection (d) of this section. The municipality shall 281
publish each such report on its Internet web site and, upon receipt of 282
such submission, said secretary shall also publish such report on the 283
Internet web site of the Office of Policy and Management. 284
(C) Notwithstanding the court's entry of a judgment of compliance 285
pursuant to subparagraph (B) of this subdivision, such court shall 286
continue to exercise jurisdiction over the matter (i) to receive and 287
consider reports submitted by the municipality under said 288
subparagraph, (ii) to hear any motion brought by an aggrieved party 289
that such municipality has failed to fulfill the requirements of its 290
municipal fair share plan according to the benchmarks described in 291
subparagraph (B)(iii) of subdivision (1) of subsection (d) of this section 292
or otherwise materially failed to comply with such municipal fair share 293
plan, to adjudicate any such motion and to order such relief as such 294
court deems appropriate to ensure prompt compliance with the 295
provisions of this section and remedy any such failure, and (iii) to grant 296
an extension of not more than ten years to a municipality, in accordance 297 Substitute Bill No. 6611
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with the provisions of subparagraph (A) of subdivision (4) of this 298
subsection, for the purpose of fulfilling such requirements, when such 299
court finds the interests of justice so require. 300
(2) (A) In the case of a municipality that has timely submitted its 301
complete municipal fair share plan to the Secretary of the Office of 302
Policy and Management in accordance with the provisions of 303
subparagraph (A) of subdivision (1) of subsection (d) of this section and 304
for which a judgment of compliance has not been entered pursuant to 305
subparagraph (B) of subdivision (1) of this subsection, or has not been 306
sought by such municipality, any aggrieved party may bring an action 307
in the superior court for the judicial district of Hartford, on the land use 308
litigation docket, for a finding that the municipal fair share plan of such 309
municipality does not create a realistic opportunity for the achievement 310
of the municipal fair share goal of such municipality in ten or fewer 311
years and a judgment determining that such municipality is not in 312
compliance with the provisions of this section. 313
(B) (i) If such court finds that such municipal fair share plan does not 314
create such a realistic opportunity, such court shall enter a judgment of 315
noncompliance with the provisions of this section and order such relief 316
as provided in subparagraph (C) of subdivision (4) of this subsection. 317
(ii) If such court finds that such municipal fair share plan creates such 318
a realistic opportunity, such court shall enter a judgment of compliance 319
with the provisions of this section and shall continue to exercise 320
jurisdiction over the matter pursuant to subparagraph (C) of 321
subdivision (1) of this section. 322
(3) In determining that a municipality is in compliance with the 323
provisions of this section, the court shall consider the following factors 324
indicating whether the municipal fair share plan of such municipality 325
creates a realistic opportunity for the achievement of its municipal fair 326
share goal during the ten-year period following the submission of such 327
municipal fair share plan to the Secretary of the Office of Policy and 328
Management, or such alternative time period as the court may authorize 329 Substitute Bill No. 6611
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pursuant to this section: 330
(A) Substantial evidence of the realistic potential for the development 331
of the number of fair share units in such municipality necessary to 332
achieve its municipal fair share goal; 333
(B) Bona fide amendments to zoning regulations, including, but not 334
limited to, the adoption of inclusionary zoning provisions, as described 335
in section 8-2i of the general statutes, and other changes to policies and 336
procedures that create a realistic opportunity for the development of fair 337
share units required under the municipal fair share base; 338
(C) A preponderance of evidence that such regulations, policies and 339
procedures demonstrate realistic potential for the development of 340
affordable housing; 341
(D) Memoranda of understanding or other similar agreements 342
between such municipality and any developer seeking to construct 343
affordable housing within such municipality, which memoranda or 344
agreements identify (i) specific parcels to be developed, and (ii) detailed 345
affordability components and number of bedrooms to be counted as fair 346
share units; 347
(E) Memoranda of understanding or other similar agreements 348
between such municipality and any developer seeking to construct 349
affordable housing within such municipality, which memoranda or 350
agreements concern the transfer of municipally-owned property; 351
(F) Applications submitted by developers seeking to construct 352
affordable housing in such municipality for the federal Low Income 353
Housing Tax Credit program under 26 USC 42, as amended from time 354
to time, or other state or federal affordable housing funding sources, as 355
well as evidence of such municipality's support, including any zoning 356
approval, for any such application; 357
(G) Efforts by the municipality to secure funding to expand sewer 358
and other infrastructure related to the development of affordable 359 Substitute Bill No. 6611
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housing, including, but not limited to, grant applications and bonding 360
measures; 361
(H) A finding by the Commissioner of Housing through a random 362
audit conducted pursuant to subparagraph (C) of subdivision (2) of 363
subsection (d) of this section that developers seeking to construct 364
affordable housing in such municipality are operating under current 365
and effective affirmative marketing plans; 366
(I) Evidence of such municipality's commitment of municipally-367
owned property and other municipal resources to support the 368
achievement of the municipal fair share goal of such municipality; and 369
(J) Any provision of the municipal fair share plan of such 370
municipality, or any other evidence, that such court may deem relevant 371
in making the determination under this subdivision. 372
(4) (A) (i) In any action brought under this subsection for a 373
determination of a municipality's compliance with this section, the court 374
may grant an extension of not more than ten years beyond the duration 375
of the municipal fair share plan of such municipality if such 376
municipality demonstrates that creating a realistic opportunity to 377
achieve its municipal fair share goal would be infeasible without 378
substantial additional infrastructure, not including for public 379
transportation, that would be required to avoid risks to public health or 380
address physical infeasibility, as determined by such court. The 381
municipality shall demonstrate the infeasibility of creating such a 382
realistic opportunity with specific evidence of any such risk to public 383
health or physical infeasibility. 384
(ii) In any action brought under this subsection for a determination 385
of a municipality's compliance with this section, the court may grant a 386
reduction in the municipal fair share goal of such municipality if such 387
municipality establishes by clear and convincing evidence, 388
substantiated by expert scientific proof, that (I) such reduction is 389
necessary due to limitations resulting from the topography of the 390 Substitute Bill No. 6611
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municipality or in order to protect extraordinary natural resources, such 391
as any rare or unique natural phenomena, and (II) an extension beyond 392
the duration of the municipal fair share plan of such municipality would 393
not be sufficient to address such limitations or risk to such natural 394
resources. 395
(B) In any action brought under this subsection for a determination 396
of a municipality's compliance with this section, such municipality shall 397
bear the burden of establishing that its municipal fair share plan satisfies 398
the standard set forth in subparagraph (B) of subdivision (1) of 399
subsection (d) of this section. 400
(C) In any action brought under this subsection for a determination 401
of a municipality's compliance with this section, or on motion filed 402
under subparagraph (A) of subdivision (1) of subsection (e) of this 403
section, if the court finds that the municipal fair share plan of a 404
municipality fails to satisfy the standard set forth in subparagraph (B) 405
of subdivision (1) of subsection (d) of this section, (i) such court may 406
order payment of the aggrieved party's attorneys' costs and fees and 407
such other relief as such court deems appropriate to ensure prompt 408
compliance with this section and remedy any such failure, (ii) in the case 409
of an aggrieved party described under subparagraph (A) of subdivision 410
(3) of subsection (a) of this section, such court may issue an order 411
requiring that such municipality's planning commission, zoning 412
commission or combined planning and zoning commission, as 413
applicable, grant approval to allow a development to proceed, unless 414
such municipality demonstrates to the court, and such court finds, that 415
such development would present a significant risk to public health or 416
safety and could not be reasonably modified to avoid such risk, and (iii) 417
such court shall continue to exercise jurisdiction over the matter to 418
enforce any judgment or order of such court and receive and consider 419
any reports that such court may require such municipality to submit. 420
(f) (1) In the case of a municipality that fails to submit a municipal fair 421
share plan to the Secretary of the Office of Policy and Management, in 422
accordance with the provisions of subsection (d) of this section, such 423 Substitute Bill No. 6611
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municipality shall not be eligible to receive a certificate of affordable 424
housing completion under subdivision (4) of subsection (l) of section 8-425
30g of the general statutes until not less than two years after the 426
submission of such municipal fair share plan. 427
(2) (A) Any aggrieved party may bring an action in the superior court 428
for the judicial district of Hartford, on the land use litigation docket, for 429
a judgment determining that a municipality is not in compliance with 430
the provisions of this section and an order of such relief as such court 431
deems appropriate to ensure prompt compliance with the provisions of 432
this section, including, but not limited to, temporary injunctive relief, 433
timely creation and submission of a municipal fair share plan that 434
complies with the provisions of this section and the appointment of one 435
or more independent qualified individuals with expertise in land use to 436
create a municipal fair share plan for such municipality. If such 437
aggrieved party is successful in any such action, such aggrieved party 438
shall be awarded any attorneys' costs and fees, including, but not 439
limited to, the costs of appellate review, remands or other judicial 440
proceedings as well as any monetary losses attributable to such 441
municipality's failure to create a municipal fair share plan, such as any 442
lost opportunity to develop fair share units for sale. 443
(B) An aggrieved party described under subparagraph (A) of 444
subdivision (3) of subsection (a) of this section may file an application 445
with the superior court for the judicial district of Hartford, on the land 446
use litigation docket, for an approval to allow a development to proceed. 447
If, on such application, the court finds that (i) such development is not 448
age restricted, (ii) at least fifteen per cent of the dwelling units in such 449
development are affordable to very low income households, (iii) at least 450
forty per cent of such affordable dwelling units have two or more 451
bedrooms, and (iv) at least twenty-five per cent of such affordable 452
dwelling units have three or more bedrooms, such court may order that 453
such municipality's zoning commission, planning commission or 454
combined planning and zoning commission, as applicable, grant 455
approval to allow such development to proceed, unless such 456 Substitute Bill No. 6611
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municipality demonstrates that such development would present a 457
significant risk to public health or safety and could not be reasonably 458
modified to avoid such risk. 459
(g) (1) Except as provided in subdivision (2) of this section, whenever 460
the Secretary of the Office of Policy and Management or the 461
Commissioner of Housing, or both, fail to perform any duty required of 462
said secretary or commissioner, as applicable, under the provisions of 463
this section, any aggrieved party described under subparagraphs (A) to 464
(C), inclusive, of subdivision (3) of subsection (a) of this section may 465
bring an action in the superior court for the judicial district of Hartford, 466
on the land use litigation docket, for an order (A) that said secretary or 467
commissioner, as applicable, comply with the provisions of this section, 468
and (B) of such relief as such court deems necessary or appropriate to 469
ensure prompt compliance with the provisions of this section, including, 470
but not limited to, permanent or temporary injunctive relief and 471
attorneys' costs and fees. 472
(2) In the case of any action brought pursuant to subdivision (1) of 473
this subsection in which multiple aggrieved parties described under 474
subparagraph (B) of subdivision (3) of subsection (a) of this section file 475
motions to intervene in such action, the court may limit the number of 476
intervenors in such action if such court makes a finding on the record 477
that such intervenor or intervenors adequately represent the public 478
interest and the interests of lower and moderate income households in 479
a planning region or combined planning region, as applicable, in 480
accordance with the provisions of sections 9-7 to 9-10, inclusive, of the 481
Connecticut Practice Book. 482
(h) (1) In the case of a municipality for which the municipal fair share 483
base has been reduced, other than in accordance with the provisions of 484
subparagraph (B)(iii) of subdivision (2) of subsection (b) of this section, 485
the number of fair share units represented by such reduction shall be 486
allocated to each other municipality in the same planning region or 487
combined planning region, as applicable, in proportion to the regional 488
need base excluding the municipality for which the municipal fair share 489 Substitute Bill No. 6611
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base has been reduced. 490
(2) (A) Any need for fair share units identified through the 491
assessment completed by the Secretary of the Office of Policy and 492
Management, in consultation with the Commissioner of Housing, 493
pursuant to subdivision (1) of subsection (b) of this section that is unmet 494
after the allocation of such units to municipalities shall be met by the 495
state through (i) the issuance of new mobile housing vouchers to 496
address half of such unmet need, and (ii) the offering of subsidies for 497
the construction of new affordable housing in which thirty per cent of 498
the dwelling units are affordable to very low income households. 499
(B) (i) Only dwelling units affordable to very low income households 500
may count toward the state's new construction obligation under 501
subparagraph (A) of this subdivision. Dwelling units constructed under 502
said subparagraph shall not be age-restricted units and may be resident-503
owned affordable housing units. 504
(ii) For any new construction under subparagraph (A) of this 505
subdivision, a developer seeking to construct affordable housing in a 506
municipality may file an application with the superior court for the 507
judicial district of Hartford, on the land use litigation docket, for an 508
approval to allow a development to proceed. If, on such application, 509
such court finds such development furthers the purposes of this section, 510
such court may issue an order requiring that such municipality's zoning 511
commission, planning commission or combined planning and zoning 512
commission, as applicable, grant approval to allow such development 513
to proceed. 514
(C) No such construction subsidy described in subparagraph (A) of 515
this subdivision may be used (i) within a municipality in which twenty 516
per cent or more of such municipality's population is below the federal 517
poverty threshold, or (ii) within a census tract in which the percentage 518
of the population that is below the federal poverty threshold is higher 519
than the percentage of such population in the state. 520 Substitute Bill No. 6611
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This act shall take effect as follows and shall amend the following
sections:
Section 1 October 1, 2021 New section
Statement of Legislative Commissioners:
In Subsecs. (a)(3)(A), (a)(12) and (c)(2)(A), "fair share goal" was changed
to "municipal fair share goal" for consistency; in Subsec. (c)(2)(A)(ii) and
(iii), "such unit" was changed to "such units" for accuracy; in Subsec.
(c)(3), "permanent supportive dwelling unit" was changed to "dwelling
unit in permanent supportive housing" in Subpara. (A) for consistency,
and Subparas. (A) to (C) were reworded for clarity and consistency; in
Subsec. (d)(2)(B), "residents of such fair units" was changed to "residents
of such fair share units" for consistency; in Subsec. (e)(1), "web site of
such office" was changed to "web site of the Office of Policy and
Management" in Subpara. (B) for clarity, and "said subdivision" was
changed to "said subparagraph" in Subpara. (C) for accuracy; in Subsec.
(e)(2)(A), "subdivision (1) of this section" was changed to "subdivision
(1) of this subsection" for accuracy; in Subsec. (e)(3)(H), "subsection (c)"
was changed to "subsection (d)" for accuracy; in Subsec. (g),
"subdivision (2) of subsection (a)" was changed to "subdivision (3) of
subsection (a)" throughout for accuracy; and in Subsec. (h)(2)(B)(i), "age
restricted" was changed to "age-restricted units" for consistency.
PD Joint Favorable Subst.