Connecticut 2022 Regular Session

Connecticut House Bill HB05204 Compare Versions

Version 1 (Old)

Version 2 (New)

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	5	+	LCO No. 1660 1 of 6
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7	7		General Assembly Raised Bill No. 5204
8	8		February Session, 2022
9	9		LCO No. 1660
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12	12		Referred to Committee on HOUSING
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14	14
15	15		Introduced by:
16	16		(HSG)
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20	21		AN ACT CONCERNING A NEEDS ASSESSMENT AND FAIR SHARE
21	22		PLANS FOR MUNICIPALITIES TO INCREASE AFFORDABLE
22	23		HOUSING.
23	24		Be it enacted by the Senate and House of Representatives in General
24	25		Assembly convened:
25	26
26	27		Section 1. (NEW) (Effective July 1, 2022) (a) As used in this section: 1
27	28		(1) "Affordable housing unit" means a dwelling unit conveyed by an 2
28	29		instrument containing a covenant or restriction that requires such 3
29	30		dwelling unit be sold or rented at or below a price intended to preserve 4
30	31		such unit as housing for a low income household for the municipality in 5
31	32		which such dwelling unit is located; 6
32	33		(2) "Commissioner" means the Commissioner of Housing; 7
33	34		(3) "Dwelling unit" means any house or building, or portion thereof, 8
34	35		which is occupied, is designed to be occupied, or is rented, leased or 9
35	36		hired out to be occupied, as a home or residence of one or more persons; 10
36	37		(4) "Low income household" means a person or family with an annual 11
37	38		income less than or equal to eighty per cent of the lesser of the state 12 Raised Bill No. 5204
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	42	+	LCO No. 1660 2 of 6
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44	44		median income or area median income, as determined by the United 13
45	45		States Department of Housing and Urban Development; 14
46	46		(5) "Very low income household" means a person or family whose 15
47	47		income is less than or equal to fifty per cent of the lesser of the state 16
48	48		median income or area median income, as determined by the United 17
49	49		States Department of Housing and Urban Development; 18
50	50		(6) "Extremely low income household" means a person or family with 19
51	51		an annual income less than or equal to thirty per cent of the lesser of the 20
52	52		state median income or area median income, as determined by the 21
53	53		United States Department of Housing and Urban Development; 22
54	54		(7) "Multifamily housing" means a residential building that contains 23
55	55		three or more dwelling units; 24
56	56		(8) "Municipal fair share goal" means the portion of the minimum 25
57	57		need for affordable housing units in a planning region, as determined 26
58	58		pursuant to subsection (b) of this section, that is allocated to a 27
59	59		municipality located within such planning region; 28
60	60		(9) "Municipal fair share plan" means a municipality's plan to achieve 29
61	61		its municipal fair share goal; 30
62	62		(10) "Planning region" means a planning region of the state, as 31
63	63		defined or redefined by the Secretary of the Office of Policy and 32
64	64		Management or the secretary's designee under the provisions of section 33
65	65		16a-4a of the general statutes; 34
66	66		(11) "Secretary" means the Secretary of the Office of Policy and 35
67	67		Management; and 36
68	68		(12) "Supportive housing" means affordable housing units available 37
69	69		to persons or families who qualify for assistance in accordance with 38
70	70		section 17a-485c of the general statutes. 39
71		-	(b) (1) Not later than July 1, 2024, the secretary, in consultation with 40 Raised Bill No. 5204
	71	+	(b) (1) Not later than July 1, 2024, the secretary, in consultation with 40
	72	+	the commissioner and, as may be determined by the secretary, experts, 41 Raised Bill No. 5204
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78		-	the commissioner and, as may be determined by the secretary, experts, 41
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79	78		advocates and organizations with expertise in affordable housing, fair 42
80	79		housing and planning and zoning, shall establish a methodology for (A) 43
81	80		determining the minimum need for affordable housing units in each 44
82	81		planning region; and (B) fairly allocating such need to the municipalities 45
83	82		in each planning region to ensure adequate housing choice. Such 46
84	83		methodology shall rely on figures from the Comprehensive Housing 47
85	84		Affordability Strategy data set published by the United States 48
86	85		Department of Housing and Urban Development, or from a similar 49
87	86		source as may be determined by the secretary. 50
88	87		(2) In developing the methodology described in subdivision (1) of this 51
89	88		subsection, the secretary shall consider (A) appropriate metrics of the 52
90	89		minimum need for affordable housing units in a planning region to 53
91	90		ensure adequate housing choice, including the number of extremely low 54
92	91		income households in the planning region; and (B) appropriate factors 55
93	92		for fairly allocating such need to the municipalities within each planning 56
94	93		region, including the municipality's compliance with the requirements 57
95	94		of sections 8-2 and 8-23 of the general statutes with regard to ensuring 58
96	95		housing diversity and opportunities for multifamily housing and 59
97	96		housing affordable to low and moderate income households. 60
98	97		(3) The methodology established by the secretary pursuant to 61
99	98		subdivision (1) of this subsection shall increase the municipal fair share 62
100	99		goal of a municipality if such municipality, when compared to other 63
101	100		municipalities in the same planning region, has (A) more ratable real 64
102	101		and personal property, as reflected by its equalized net grand list, 65
103	102		calculated in accordance with the provisions of section 10-261a of the 66
104	103		general statutes, for residential, commercial, industrial, public utility 67
105	104		and vacant land; (B) a higher median income, based on data reported in 68
106	105		the most recent United States decennial census or a similar source; (C) a 69
107	106		lower percentage of its population that is below the federal poverty 70
108	107		threshold, based on data reported in such census or similar source; or 71
109	108		(D) a lower percentage of its population that lives in multifamily 72
110		-	housing, based on data reported in such census or similar source. 73 Raised Bill No. 5204
	109	+	housing, based on data reported in such census or similar source. 73
	110	+	(4) (A) Not later than July 1, 2024, and every ten years thereafter, the 74 Raised Bill No. 5204
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117		-	(4) (A) Not later than July 1, 2024, and every ten years thereafter, the 74
	114	+	LCO No. 1660 4 of 6
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118	116		secretary, in consultation with the commissioner, shall, using the 75
119	117		methodology established pursuant to this subsection, determine the 76
120	118		minimum need for affordable housing units for each planning region 77
121	119		and a municipal fair share goal for each municipality within each 78
122	120		planning region. 79
123	121		(B) No municipal fair share goal determined pursuant to 80
124	122		subparagraph (A) of this subdivision shall exceed twenty per cent of the 81
125	123		occupied dwelling units in such municipality. 82
126	124		(c) (1) Not later than July 1, 2024, the secretary, in consultation with 83
127	125		the commissioner and, as may be determined by the secretary, experts, 84
128	126		advocates and organizations with expertise in affordable housing, fair 85
129	127		housing and planning and zoning, shall establish (A) a process by which 86
130	128		municipalities shall be required to develop, adopt, and submit to the 87
131	129		secretary and the commissioner municipal fair share plans setting forth 88
132	130		the actions the municipality will take to achieve its municipal fair share 89
133	131		goal; (B) the required contents and timing for submission of such plans; 90
134	132		(C) requirements to ensure that each municipal fair share plan provides 91
135	133		for the creation of a sufficient supply of the different types of deed-92
136	134		restricted affordable housing required for meeting the minimum need 93
137	135		for affordable housing units to ensure adequate housing choice, 94
138	136		including sufficient allocations of (i) rental units, (ii) units that will be 95
139	137		available to families, including units with two or three, or more 96
140	138		bedrooms, (iii) units that will be affordable to very low income 97
141	139		households and extremely low income households, and (iv) supportive 98
142	140		housing units; and (D) policies ensuring that no municipal fair share 99
143	141		plan creates, in the determination of the secretary, undue concentrations 100
144	142		of households below the federal poverty threshold in the applicable 101
145	143		planning region. 102
146	144		(2) Not later than July 1, 2024, and every ten years thereafter, the 103
147	145		secretary, in consultation with the commissioner and, as may be 104
148	146		determined by the secretary, experts, advocates and organizations with 105
149		-	expertise in affordable housing, fair housing and planning and zoning, 106 Raised Bill No. 5204
	147	+	expertise in affordable housing, fair housing and planning and zoning, 106
	148	+	shall publish and appropriately disseminate technical assistance 107 Raised Bill No. 5204
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156		-	shall publish and appropriately disseminate technical assistance 107
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157	154		materials to aid municipalities in preparing to comply with the 108
158	155		requirements of this section and shall arrange for the provision of 109
159	156		technical assistance briefings, trainings, webinars and such other 110
160	157		guidance as the secretary deems necessary. 111
161	158		(d) Not later than January 1, 2025, and every ten years thereafter, each 112
162	159		municipality shall prepare and adopt a municipal fair share plan that 113
163	160		creates a realistic opportunity for achieving the municipality's fair share 114
164	161		goal, in accordance with the process established pursuant to subsection 115
165	162		(c) of this section. 116
166	163		Sec. 2. (NEW) (Effective July 1, 2022) Not later than January 1, 2026, 117
167	164		the secretary, in consultation with the commissioner and, as may be 118
168	165		determined by the secretary, experts, advocates and organizations with 119
169	166		expertise in affordable housing, fair housing and planning and zoning, 120
170	167		shall submit a report to the joint standing committees of the General 121
171	168		Assembly having cognizance of matters relating to housing and 122
172	169		planning and development, in accordance with section 11-4a of the 123
173	170		general statutes, concerning (1) implementation of the provisions of 124
174	171		section 1 of this act; (2) the status of municipalities' performance of the 125
175	172		obligations established by section 1 of this act; and (3) recommendations 126
176	173		regarding implementation, compliance and enforcement of section 1 of 127
177	174		this act, including, but not limited to, consideration of approaches used 128
178	175		in other states for implementing and ensuring compliance with similar 129
179	176		obligations. 130
180	177		This act shall take effect as follows and shall amend the following
181	178		sections:
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183	180		Section 1 July 1, 2022 New section
184	181		Sec. 2 July 1, 2022 New section
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186		-	HSG Joint Favorable
	183	+	Statement of Purpose:
	184	+	To require (1) an assessment of the state-wide need for affordable
	185	+	housing and an allocation of such need to planning regions and
	186	+	municipalities, (2) the creation of affordable housing plans for each
	187	+	municipality, and (3) a study concerning the municipalities'
	188	+	performance in meeting the requirements of such plans. Raised Bill No. 5204
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	192	+	LCO No. 1660 6 of 6
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	194	+	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
	195	+	that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
	196	+	underlined.]
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