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General Assembly Raised Bill No. 6633
January Session, 2023
LCO No. 4013
Referred to Committee on HOUSING
Introduced by:
(HSG)
AN ACT CONCERNING A NEEDS ASSESSMENT AND FAIR SHARE
PLANS FOR MUNICIPALITIES TO INCREASE AFFORDABLE
HOUSING.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. (NEW) (Effective July 1, 2023) (a) As used in this section: 1
(1) "Affordable housing unit" means a dwelling unit conveyed by an 2
instrument containing a covenant or restriction that requires such 3
dwelling unit to be sold or rented at or below a price intended to 4
preserve such unit as housing for a low income household; 5
(2) "Commission", "zoning commission" or "zoning authority" means 6
a zoning commission, planning commission, planning and zoning 7
commission, zoning board of appeals or other municipal agency 8
exercising zoning or planning authority; 9
(3) "Commissioner" means the Commissioner of Housing, unless 10
otherwise specified; 11
(4) "Dwelling unit" means any house or building, or portion thereof, 12 Raised Bill No. 6633
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which is occupied, is designed to be occupied, or is rented, leased or 13
hired out to be occupied, as a home or residence of one or more persons; 14
(5) "Low income household" means a person or family with an annual 15
income less than or equal to eighty per cent of the state median income, 16
as determined by the United States Department of Housing and Urban 17
Development; 18
(6) "Very low income household" means a person or family with an 19
annual income less than or equal to fifty per cent of the state median 20
income, as determined by the United States Department of Housing and 21
Urban Development; 22
(7) "Extremely low income household" means a person or family with 23
an annual income less than or equal to thirty per cent of the state median 24
income, as determined by the United States Department of Housing and 25
Urban Development; 26
(8) "Interested party" means (A) a nonprofit organization that 27
represents low income households or addresses their housing needs, or 28
(B) a housing developer who seeks to construct housing contributing to 29
a municipality's fair share allocation if the intended or proposed 30
development (i) conforms with subdivision (3) or (6) of subsection (a) of 31
section 8-30g of the general statutes, revision of 1958, revised to January 32
1, 2023, or (ii) includes not less than twenty per cent of affordable 33
housing units conveyed by deeds containing affordable housing 34
covenants or restrictions applying for at least forty years, or a number 35
of nonage-restricted affordable housing units equal to not less than five 36
per cent of all units in the development that shall be sold or rented to 37
persons and families whose income is less than or equal to thirty per 38
cent of the lesser of state or area median income and the remainder of 39
the affordable housing units conveyed by deeds containing covenants 40
or restrictions shall be sold or rented to persons and families whose 41
income is less than or equal to eighty per cent of the lesser of state or 42
area median income. In such housing at least ten per cent of the deed-43
restricted units shall have two or more bedrooms; 44 Raised Bill No. 6633
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(9) "Median income" is the state median income, as determined by the 45
United States Department of Housing and Urban Development; 46
(10) "Multifamily housing" means a residential building that contains 47
three or more dwelling units; 48
(11) "Municipal fair share allocation" means the portion of the 49
minimum need for affordable housing units in a planning region, as 50
determined pursuant to subsection (b) of this section, that is allocated to 51
a municipality located within such planning region; 52
(12) "Municipal fair share goal" means the number of units each 53
municipality includes in its fair share plan, inclusive of additional bonus 54
points awarded, as described in subdivision (2) of subsection (c) of this 55
section; 56
(13) "Municipal fair share plan" means a municipality's plan and 57
updated zoning regulations and planning documents designed to 58
achieve its municipal fair share goal; 59
(14) "Planning region" means a planning region of the state, as 60
defined or redefined by the Secretary of the Office of Policy and 61
Management or the secretary's designee under the provisions of section 62
16a-4a of the general statutes, except the Metropolitan and Western 63
planning regions shall be considered a single planning region; 64
(15) "Secretary" means the Secretary of the Office of Policy and 65
Management; and 66
(16) "Supportive housing" means affordable housing units available 67
to persons or families who qualify for assistance in accordance with 68
section 17a-485c of the general statutes. 69
(b) (1) Not later than July 1, 2024, the secretary, in consultation with 70
the Commissioners of Housing and Economic and Community 71
Development and, as may be determined by the secretary, experts, 72
advocates and organizations with expertise in affordable housing, fair 73
housing and planning and zoning, shall establish a methodology for 74 Raised Bill No. 6633
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each municipality's fair share allocation by: 75
(A) Determining the need for affordable housing units in each 76
planning region; and 77
(B) Fairly allocating such need to the municipalities in each planning 78
region considering the duty of the state and municipalities to 79
affirmatively further fair housing pursuant to section 8-2 of the general 80
statutes and 42 USC 3608. Such methodology shall rely on data from the 81
Comprehensive Housing Affordability Strategy data set published by 82
the United States Department of Housing and Urban Development, or 83
from a similar source as may be determined by the secretary. 84
(2) The secretary shall ensure that the fair share allocation 85
methodology: 86
(A) Is designed with due consideration for the duty of the state and 87
each municipality to affirmatively further fair housing in accordance 88
with section 8-2 of the general statutes and 42 USC 3608; 89
(B) Relies on appropriate metrics of the minimum need for affordable 90
housing units in a planning region to ensure adequate housing options, 91
including the number of extremely low income households in the 92
planning region; 93
(C) Relies on appropriate factors for fairly allocating such need to 94
each municipality within each planning region, including a 95
municipality's compliance with the requirements of sections 8-2 and 8-96
23 of the general statutes with regard to promoting housing choice and 97
economic diversity in housing, including housing for both low and 98
moderate income households, and encouraging the development of 99
housing which meets the identified housing needs and the development 100
of housing opportunities, including opportunities for multifamily 101
dwellings, for all residents of the municipality and the planning region 102
in which the municipality is located; 103
(D) Does not assign a fair share allocation to any municipality with a 104 Raised Bill No. 6633
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federal poverty rate of twenty per cent or greater based on data reported 105
in the most recent United States decennial census or similar source; and 106
(E) Increases the municipal fair share allocation of a municipality if 107
such municipality, when compared to other municipalities in the same 108
planning region, has: 109
(i) A greater dollar value of the ratable real and personal property, as 110
reflected by its equalized net grand list, calculated in accordance with 111
the provisions of section 10-261a of the general statutes, for residential, 112
commercial, industrial, public utility and vacant land; 113
(ii) A higher median income, based on data reported in the most 114
recent United States decennial census or similar source; 115
(iii) A lower percentage of its population that is below the federal 116
poverty threshold, based on data reported in such census or similar 117
source; or 118
(iv) A lower percentage of its population that lives in multifamily 119
housing, based on data reported in such census or similar source. 120
(3) (A) Not later than July 1, 2024, and every ten years thereafter, the 121
secretary, in consultation with the commissioners, shall, using the 122
methodology established pursuant to this subsection, determine the 123
minimum need for affordable housing units for each planning region 124
and a municipal fair share allocation for each municipality within each 125
planning region. 126
(B) No municipal fair share allocation determined pursuant to 127
subparagraph (A) of this subdivision shall exceed twenty per cent of the 128
occupied dwelling units in such municipality. 129
(c) (1) Not later than July 1, 2024, the secretary, in consultation with 130
the commissioners and, as may be determined by the secretary, experts, 131
advocates and organizations with expertise in affordable housing, fair 132
housing and planning and zoning, shall establish: 133 Raised Bill No. 6633
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(A) A process by which each municipality shall be required to 134
develop, adopt and submit to the secretary and the commissioner 135
municipal fair share plans setting forth the new zoning regulations and 136
planning documents the municipality has adopted and other actions the 137
municipality will take to achieve its municipal fair share goal; 138
(B) The required contents and timing for submission of such plans, 139
including updated zoning regulations and planning documents; 140
(C) Requirements to ensure that each municipal fair share plan 141
provides for the creation of a sufficient supply of the different types of 142
deed-restricted affordable housing required for meeting its fair share 143
goal, including ensuring: 144
(i) Not less than fifty per cent of the units are affordable to very low 145
income households; 146
(ii) Not less than thirteen per cent of units are affordable to extremely 147
low income households; 148
(iii) Not more than fifty per cent of the units are affordable to 149
households with incomes above very low income but less than the low 150
income threshold; 151
(iv) Not less than twenty-five per cent of the units are rental units; 152
(v) Not more than twenty-five per cent of units are restricted by 153
occupant age; 154
(vi) Not less than fifty per cent of the units are unrestricted by 155
occupant age and include two or more bedrooms; 156
(vii) Not more than twenty per cent of the units are studios or one 157
bedroom; and 158
(viii) All units, regardless of sources of funding, are affirmatively 159
marketed in accordance with section 8-37ee of the general statutes and 160
associated regulations; 161 Raised Bill No. 6633
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(D) Policies ensuring that no municipal fair share plan creates, in the 162
determination of the secretary, undue concentrations of households 163
below the federal poverty threshold in the applicable planning region; 164
and 165
(E) Policies ensuring that each municipal fair share plan provides for 166
the equitable distribution of affordable housing within the municipality 167
in accordance with section 46a-64c of the general statutes and 42 USC 168
3601 to 3619, inclusive. 169
(2) In defining each municipality's obligation pursuant to this section, 170
the secretary shall include the ability of each municipality to convert its 171
municipal fair share allocation into a municipal fair share goal 172
represented by points wherein: 173
(A) Each affordable housing unit constitutes one point; 174
(B) Additional bonus points may be added for certain types of 175
housing units at a ratio conforming to the threshold requirements of 176
subparagraph (C) of subdivision (1) of this subsection, provided that no 177
fair share goal shall fall below eighty per cent of the municipality's initial 178
fair share allocation; 179
(C) Only one bonus point shall be awarded per unit such that the 180
bonus points are not cumulative; and 181
(D) Bonus points shall be awarded as follows: 182
(i) Qualifying housing affordable to households at or below the 183
extremely low income threshold shall receive one additional point; 184
(ii) Qualifying units with two or more bedrooms shall receive one 185
additional point; and 186
(iii) Qualifying units that constitute supportive housing as defined in 187
section 17a-485c of the general statutes shall receive an additional point. 188
(d) Not later than July 1, 2025, and every ten years thereafter, each 189 Raised Bill No. 6633
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municipality shall prepare and adopt a municipal fair share plan that 190
creates a realistic opportunity for achieving the municipality's fair share 191
goal, in accordance with the process established pursuant to subsection 192
(c) of this section. 193
Sec. 2. (NEW) (Effective July 1, 2023) (a) Each municipality shall meet 194
its fair share goals by issuing certificates of occupancy conforming to the 195
requirements of subparagraph (C) of subdivision (1) of subsection (c) of 196
section 1 of this act on the following schedule: 197
(1) By year three: Five per cent completion; 198
(2) By year five: Thirty per cent completion; 199
(3) By year seven: Sixty per cent completion; and 200
(4) By year ten: One hundred per cent completion. 201
(b) (1) Beginning on July 1, 2026, and annually thereafter, each 202
municipality shall submit a report to the Commissioner of Housing 203
documenting its progress toward meeting its fair share goal that 204
includes (A) the addresses of the units meeting its fair share goal, (B) the 205
income restrictions applicable to each unit, (C) relevant completed or 206
planned infrastructure expansion, and (D) the details of affirmative 207
marketing efforts, including copies of active affirmative marketing 208
plans for relevant developments; and (2) supporting documentation for 209
such reporting, which shall be made publicly available upon request, 210
excluding any redacted personally identifying information. 211
(c) Beginning on July 1, 2028, and annually thereafter, the 212
commissioner shall conduct random audits of at least ten per cent of the 213
municipal fair share plans to ensure that such plans comply with the 214
requirements of section 1 of this act. 215
(d) Not later than July 1, 2024, and periodically thereafter in the 216
discretion of the Secretary of the Office of Policy and Management, the 217
secretary, in consultation with the commissioner and, as may be 218
determined by the secretary, experts, advocates and organizations with 219 Raised Bill No. 6633
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expertise in affordable housing, fair housing and planning and zoning, 220
shall publish and disseminate technical assistance materials to aid each 221
municipality in compliance with the requirements of this section and 222
shall arrange for the provision of technical assistance briefings, 223
trainings, webinars and such other guidance to each municipality as the 224
secretary deems necessary. 225
(e) If any municipality has not submitted a fair share plan to the 226
secretary in accordance with subsection (c) of section 1 of this act or has 227
not issued certificates of occupancy in accordance with subsection (a) of 228
this section, such municipality shall be subject to default zoning that, 229
notwithstanding any other provision of the general statutes: 230
(1) In any area where water and sewer infrastructure and capacity are 231
available or where water and sewer service can be provided by 232
extending existing lines at the developer's expense, the following uses 233
are permitted as of right: multifamily housing of not more than twenty 234
units per acre if (A) at least twenty per cent of the units are nonage-235
restricted two or more bedroom units affordable to low income 236
households and deed restricted for forty years, or (B) ten per cent of the 237
units are nonage-restricted two or more bedroom units affordable to 238
very low income households and deed restricted for twenty years. 239
(2) In all other areas, as of right development of multifamily housing 240
subject to limitations on the number of units, density and other aspects 241
of the development required for any particular site by the applicable 242
provisions of chapter 368a of the general statutes and associated public 243
health regulations, with the greater of one unit or ten per cent of units 244
having two or more bedrooms, affordable to low income households, 245
and so deed restricted for forty years. 246
(f) When any municipality fails to submit a fair share plan to the 247
secretary in accordance with subsection (c) of section 1 of this act, or 248
when a fair share plan submitted by a municipality fails to create a 249
realistic opportunity for the municipality to attain its municipal fair 250
share allocation, any interested party may bring an action in the 251 Raised Bill No. 6633
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Superior Court of the judicial district in which the municipality is 252
located to seek (1) a court order that the municipality issue a fair share 253
plan and updated zoning regulations that create a realistic opportunity 254
for the municipality to meet its municipal fair share allocation, including 255
through express agreements with developers for housing development 256
projects contributing to the municipality's total fair share allocation; or 257
(2) if a particular housing development conforming with subparagraph 258
(B) of subdivision (8) of section (a) of section 1 of this act has been 259
rejected by the municipality's zoning authority and an appeal is brought 260
by the developer, a court order permitting the development unless the 261
defendant demonstrates that the decision from which such appeal is 262
taken and the reasons cited for such decision are supported by sufficient 263
evidence in the record and the defendant has demonstrated that (A) (i) 264
the decision is necessary to protect substantial public interests in health, 265
safety or other matters which the commission may legally consider; (ii) 266
such public interests clearly outweigh the need for affordable housing; 267
and (iii) such public interests cannot be protected by reasonable changes 268
to the affordable housing development, or (B) (i) the application which 269
was the subject of the decision from which such appeal was taken would 270
locate affordable housing in an area which is zoned for industrial use 271
and which does not permit residential uses; and (ii) the development is 272
not assisted housing. If the defendant does not satisfy its burden of 273
proof under this subsection, the court may wholly or partly revise, 274
modify, remand or reverse the decision from which the appeal was 275
taken in a manner consistent with the evidence in the record before it 276
and, if the plaintiff interested party prevails, the court may award 277
additional relief in accordance with section 46a-104 of the general 278
statutes. 279
This act shall take effect as follows and shall amend the following
sections:
Section 1 July 1, 2023 New section
Sec. 2 July 1, 2023 New section
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Statement of Purpose:
To (1) require an assessment of the state-wide need for affordable
housing and an allocation of such need to planning regions and
municipalities, (2) require the creation of fair share plans for each
municipality, and (3) establish penalties for municipalities that fail to
submit fair share plans.
[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.]