611 | | - | complaint with the Commission on Human Rights and Opportunities 497 |
---|
612 | | - | not later than three hundred days after the alleged act of discrimination, 498 |
---|
613 | | - | pursuant to section 46a-82 of the general statutes, as amended by this 499 |
---|
614 | | - | act. 500 |
---|
615 | | - | (d) Notwithstanding any other provision of chapter 814c of the 501 |
---|
616 | | - | general statutes, complaints alleging a violation of this section shall be 502 |
---|
617 | | - | investigated not later than one hundred days after filing and a final 503 |
---|
618 | | - | administrative disposition shall be made not later than one year after 504 |
---|
619 | | - | filing unless it is impracticable to do so. If the Commission on Human 505 |
---|
620 | | - | Rights and Opportunities is unable to complete its investigation or make 506 |
---|
621 | | - | a final administrative determination within such time frames, it shall 507 |
---|
622 | | - | notify the complainant and the respondent, in writing, of the reasons for 508 |
---|
623 | | - | not doing so. 509 |
---|
624 | | - | Sec. 12. Section 8-45a of the general statutes is repealed and the 510 |
---|
625 | | - | following is substituted in lieu thereof (Effective October 1, 2023): 511 |
---|
626 | | - | A housing authority, as defined in subsection (b) of section 8-39, in 512 |
---|
627 | | - | determining eligibility for the rental of public housing units may 513 |
---|
628 | | - | establish criteria and consider relevant information concerning (1) an 514 |
---|
629 | | - | applicant's or any proposed occupant's history of criminal activity 515 |
---|
630 | | - | involving: (A) Crimes of physical violence to persons or property, (B) 516 |
---|
631 | | - | crimes involving the illegal manufacture, sale, distribution or use of, or 517 |
---|
632 | | - | possession with intent to manufacture, sell, use or distribute, a 518 |
---|
633 | | - | controlled substance, as defined in section 21a-240, or (C) other criminal 519 |
---|
634 | | - | acts which would adversely affect the health, safety or welfare of other 520 |
---|
635 | | - | tenants, (2) an applicant's or any proposed occupant's abuse, or pattern 521 |
---|
636 | | - | of abuse, of alcohol when the housing authority has reasonable cause to 522 |
---|
637 | | - | believe that such applicant's or proposed occupant's abuse, or pattern of 523 |
---|
638 | | - | abuse, of alcohol may interfere with the health, safety or right to 524 |
---|
639 | | - | peaceful enjoyment of the premises by other residents, and (3) an 525 |
---|
640 | | - | applicant or any proposed occupant who is subject to a lifetime 526 Substitute Bill No. 6781 |
---|
641 | | - | |
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646 | | - | |
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647 | | - | registration requirement under section 54-252 on account of being 527 |
---|
648 | | - | convicted or found not guilty by reason of mental disease or defect of a 528 |
---|
649 | | - | sexually violent offense. In evaluating any such information, the 529 |
---|
650 | | - | housing authority shall give consideration to the time, nature and extent 530 |
---|
651 | | - | of the applicant's or proposed occupant's conduct and to factors which 531 |
---|
652 | | - | might indicate a reasonable probability of favorable future conduct such 532 |
---|
653 | | - | as evidence of rehabilitation and evidence of the willingness of the 533 |
---|
654 | | - | applicant, the applicant's family or the proposed occupant to participate 534 |
---|
655 | | - | in social service or other appropriate counseling programs and the 535 |
---|
656 | | - | availability of such programs. Except as otherwise provided by law, a 536 |
---|
657 | | - | housing authority shall limit its consideration of an applicant's or 537 |
---|
658 | | - | proposed occupant's eviction history to the applicable time period 538 |
---|
659 | | - | established under subsection (a) of section 11 of this act. 539 |
---|
660 | | - | Sec. 13. Subdivision (8) of section 46a-51 of the general statutes is 540 |
---|
661 | | - | repealed and the following is substituted in lieu thereof (Effective October 541 |
---|
662 | | - | 1, 2023): 542 |
---|
663 | | - | (8) "Discriminatory practice" means a violation of section 4a-60, 4a-543 |
---|
664 | | - | 60a, 4a-60g, 31-40y, subsection (b), (d), (e) or (f) of section 31-51i, 544 |
---|
665 | | - | subparagraph (C) of subdivision (15) of section 46a-54, subdivisions (16) 545 |
---|
666 | | - | and (17) of section 46a-54, section 46a-58, 46a-59, 46a-60, 46a-64, 46a-64c, 546 |
---|
667 | | - | 46a-66, 46a-68, 46a-68c to 46a-68f, inclusive, [or] 46a-70 to 46a-78, 547 |
---|
668 | | - | inclusive, subsection (a) of section 46a-80, [or] sections 46a-81b to 46a-548 |
---|
669 | | - | 81o, inclusive, [and] sections 46a-80b to 46a-80e, inclusive, [and] or 549 |
---|
670 | | - | [sections] 46a-80k to 46a-80m, inclusive, or section 11 of this act; 550 |
---|
671 | | - | Sec. 14. Subdivision (14) of section 46a-54 of the general statutes is 551 |
---|
672 | | - | repealed and the following is substituted in lieu thereof (Effective October 552 |
---|
673 | | - | 1, 2023): 553 |
---|
674 | | - | (14) To require the posting, by any respondent or other person subject 554 |
---|
675 | | - | to the requirements of section 46a-64, 46a-64c, 46a-81d or 46a-81e or 555 |
---|
676 | | - | section 11 of this act, of such notices of statutory provisions as it deems 556 |
---|
677 | | - | desirable; 557 Substitute Bill No. 6781 |
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678 | | - | |
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682 | | - | 19 of 60 |
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683 | | - | |
---|
684 | | - | Sec. 15. Section 46a-74 of the general statutes is repealed and the 558 |
---|
685 | | - | following is substituted in lieu thereof (Effective October 1, 2023): 559 |
---|
686 | | - | No state department, board or agency may permit any 560 |
---|
687 | | - | discriminatory practice in violation of section 46a-59, 46a-64, 46a-64c, 561 |
---|
688 | | - | sections 46a-80b to 46a-80e, inclusive, or 46a-80k to 46a-80m, inclusive, 562 |
---|
689 | | - | or section 11 of this act. 563 |
---|
690 | | - | Sec. 16. Subsection (a) of section 46a-82 of the general statutes is 564 |
---|
691 | | - | repealed and the following is substituted in lieu thereof (Effective October 565 |
---|
692 | | - | 1, 2023): 566 |
---|
693 | | - | (a) Any person claiming to be aggrieved by an alleged discriminatory 567 |
---|
694 | | - | practice, except for an alleged violation of section 4a-60g or 46a-68 or the 568 |
---|
695 | | - | provisions of sections 46a-68c to 46a-68f, inclusive, may, by himself or 569 |
---|
696 | | - | herself or by such person's attorney, file with the commission a 570 |
---|
697 | | - | complaint in writing under oath, except that a complaint that alleges a 571 |
---|
698 | | - | violation of section 46a-64c or section 11 of this act need not be 572 |
---|
699 | | - | notarized. The complaint shall state the name and address of the person 573 |
---|
700 | | - | alleged to have committed the discriminatory practice, provide a short 574 |
---|
701 | | - | and plain statement of the allegations upon which the claim is based and 575 |
---|
702 | | - | contain such other information as may be required by the commission. 576 |
---|
703 | | - | After the filing of a complaint, the commission shall provide the 577 |
---|
704 | | - | complainant with a notice that: (1) Acknowledges receipt of the 578 |
---|
705 | | - | complaint; and (2) advises of the time frames and choice of forums 579 |
---|
706 | | - | available under this chapter. 580 |
---|
707 | | - | Sec. 17. Subsections (a) to (c), inclusive, of section 46a-83 of the 581 |
---|
708 | | - | general statutes are repealed and the following is substituted in lieu 582 |
---|
709 | | - | thereof (Effective October 1, 2023): 583 |
---|
710 | | - | (a) Not later than fifteen days after the date of filing of any 584 |
---|
711 | | - | discriminatory practice complaint pursuant to subsection (a) or (b) of 585 |
---|
712 | | - | section 46a-82, as amended by this act, or an amendment to such 586 |
---|
713 | | - | complaint adding an additional respondent, the commission shall serve 587 |
---|
714 | | - | the respondent as provided in section 46a-86a with the complaint and a 588 Substitute Bill No. 6781 |
---|
715 | | - | |
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719 | | - | 20 of 60 |
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720 | | - | |
---|
721 | | - | notice advising of the procedural rights and obligations of a respondent 589 |
---|
722 | | - | under this chapter. The respondent shall either (1) file a written answer 590 |
---|
723 | | - | to the complaint as provided in subsection (b) of this section, or (2) not 591 |
---|
724 | | - | later than ten days after the date of receipt of the complaint, provide 592 |
---|
725 | | - | written notice to the complainant and the commission that the 593 |
---|
726 | | - | respondent has elected to participate in pre-answer conciliation, except 594 |
---|
727 | | - | that a discriminatory practice complaint alleging a violation of section 595 |
---|
728 | | - | 46a-64c or 46a-81e shall not be subject to pre-answer conciliation. A 596 |
---|
729 | | - | complaint sent by first class mail shall be considered to be received not 597 |
---|
730 | | - | later than two days after the date of mailing, unless the respondent 598 |
---|
731 | | - | proves otherwise. The commission shall conduct a pre-answer 599 |
---|
732 | | - | conciliation conference not later than thirty days after the date of 600 |
---|
733 | | - | receiving the respondent's request for pre-answer conciliation. 601 |
---|
734 | | - | (b) Except as provided in this subsection, not later than thirty days 602 |
---|
735 | | - | after the date (1) of receipt of the complaint, or (2) on which the 603 |
---|
736 | | - | commission determines that the pre-answer conciliation conference was 604 |
---|
737 | | - | unsuccessful, the respondent shall file a written answer to the 605 |
---|
738 | | - | complaint, under oath, with the commission. The respondent may 606 |
---|
739 | | - | request, and the commission may grant, one extension of time of not 607 |
---|
740 | | - | more than fifteen days within which to file a written answer to the 608 |
---|
741 | | - | complaint. An answer to any amendment to a complaint shall be filed 609 |
---|
742 | | - | within twenty days of the date of receipt [to] of such amendment. The 610 |
---|
743 | | - | answer to any complaint alleging a violation of section 46a-64c or 46a-611 |
---|
744 | | - | 81e or section 11 of this act shall be filed not later than ten days after the 612 |
---|
745 | | - | date of receipt of the complaint. 613 |
---|
746 | | - | (c) Not later than sixty days after the date of the filing of the 614 |
---|
747 | | - | respondent's answer, the executive director or the executive director's 615 |
---|
748 | | - | designee shall conduct a case assessment review to determine whether 616 |
---|
749 | | - | the complaint should be retained for further processing or dismissed 617 |
---|
750 | | - | because (1) it fails to state a claim for relief or is frivolous on its face, (2) 618 |
---|
751 | | - | the respondent is exempt from the provisions of this chapter, or (3) there 619 |
---|
752 | | - | is no reasonable possibility that investigating the complaint will result 620 |
---|
753 | | - | in a finding of reasonable cause. The case assessment review shall 621 Substitute Bill No. 6781 |
---|
754 | | - | |
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758 | | - | 21 of 60 |
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759 | | - | |
---|
760 | | - | include the complaint, the respondent's answer and the responses to the 622 |
---|
761 | | - | commission's requests for information, and the complainant's 623 |
---|
762 | | - | comments, if any, to the respondent's answer and information 624 |
---|
763 | | - | responses. The executive director or the executive director's designee 625 |
---|
764 | | - | shall send notice of any action taken pursuant to the case assessment 626 |
---|
765 | | - | review in accordance with section 46a-86a. For any complaint dismissed 627 |
---|
766 | | - | pursuant to this subsection, the executive director or the executive 628 |
---|
767 | | - | director's designee shall issue a release of jurisdiction allowing the 629 |
---|
768 | | - | complainant to bring a civil action under section 46a-100. This 630 |
---|
769 | | - | subsection and subsection (e) of this section shall not apply to any 631 |
---|
770 | | - | complaint alleging a violation of section 46a-64c [or] 46a-81e or section 632 |
---|
771 | | - | 11 of this act. The executive director shall report the results of the case 633 |
---|
772 | | - | assessment reviews made pursuant to this subsection to the commission 634 |
---|
773 | | - | quarterly during each year. 635 |
---|
774 | | - | Sec. 18. Subdivision (2) of subsection (g) of section 46a-83 of the 636 |
---|
775 | | - | general statutes is repealed and the following is substituted in lieu 637 |
---|
776 | | - | thereof (Effective October 1, 2023): 638 |
---|
777 | | - | (2) If the investigator makes a finding that there is reasonable cause 639 |
---|
778 | | - | to believe that a violation of section 46a-64c or section 11 of this act has 640 |
---|
779 | | - | occurred, the complainant and the respondent shall have twenty days 641 |
---|
780 | | - | from sending of the reasonable cause finding to elect a civil action in lieu 642 |
---|
781 | | - | of an administrative hearing pursuant to section 46a-84. If either the 643 |
---|
782 | | - | complainant or the respondent requests a civil action, the commission, 644 |
---|
783 | | - | through the Attorney General or a commission legal counsel, shall 645 |
---|
784 | | - | commence an action pursuant to subsection (b) of section 46a-89, not 646 |
---|
785 | | - | later than ninety days after the date of receipt of the notice of election. If 647 |
---|
786 | | - | the Attorney General or a commission legal counsel believes that 648 |
---|
787 | | - | injunctive relief, punitive damages or a civil penalty would be 649 |
---|
788 | | - | appropriate, such relief, damages or penalty may also be sought. The 650 |
---|
789 | | - | jurisdiction of the Superior Court in an action brought under this 651 |
---|
790 | | - | subdivision shall be limited to such claims, counterclaims, defenses or 652 |
---|
791 | | - | the like that could be presented at an administrative hearing before the 653 |
---|
792 | | - | commission, had the complaint remained with the commission for 654 Substitute Bill No. 6781 |
---|
793 | | - | |
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797 | | - | 22 of 60 |
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798 | | - | |
---|
799 | | - | disposition. A complainant may intervene as a matter of right in a civil 655 |
---|
800 | | - | action without permission of the court or the parties. If the Attorney 656 |
---|
801 | | - | General or commission legal counsel, as the case may be, determines 657 |
---|
802 | | - | that the interests of the state will not be adversely affected, the 658 |
---|
803 | | - | complainant or attorney for the complainant shall present all or part of 659 |
---|
804 | | - | the case in support of the complaint. If the Attorney General or a 660 |
---|
805 | | - | commission legal counsel determines that a material mistake of law or 661 |
---|
806 | | - | fact has been made in the finding of reasonable cause, the Attorney 662 |
---|
807 | | - | General or a commission legal counsel may decline to bring a civil action 663 |
---|
808 | | - | and shall remand the file to the investigator for further action. The 664 |
---|
809 | | - | investigator shall complete any such action not later than ninety days 665 |
---|
810 | | - | after receipt of such file. 666 |
---|
811 | | - | Sec. 19. Subsection (c) of section 46a-86 of the general statutes is 667 |
---|
812 | | - | repealed and the following is substituted in lieu thereof (Effective October 668 |
---|
813 | | - | 1, 2023): 669 |
---|
814 | | - | (c) In addition to any other action taken under this section, upon a 670 |
---|
815 | | - | finding of a discriminatory practice prohibited by section 46a-58, 46a-671 |
---|
816 | | - | 59, 46a-64, 46a-64c, 46a-81b, 46a-81d, [or] 46a-81e or section 11 of this 672 |
---|
817 | | - | act, the presiding officer shall determine the damage suffered by the 673 |
---|
818 | | - | complainant, which damage shall include, but not be limited to, the 674 |
---|
819 | | - | expense incurred by the complainant for obtaining alternate housing or 675 |
---|
820 | | - | space, storage of goods and effects, moving costs and other costs 676 |
---|
821 | | - | actually incurred by the complainant as a result of such discriminatory 677 |
---|
822 | | - | practice and shall allow reasonable attorney's fees and costs. The 678 |
---|
823 | | - | amount of attorney's fees allowed shall not be contingent upon the 679 |
---|
824 | | - | amount of damages requested by or awarded to the complainant. 680 |
---|
825 | | - | Sec. 20. Subdivision (1) of subsection (b) of section 46a-89 of the 681 |
---|
826 | | - | general statutes is repealed and the following is substituted in lieu 682 |
---|
827 | | - | thereof (Effective October 1, 2023): 683 |
---|
828 | | - | (b) (1) Whenever a complaint filed pursuant to section 46a-82, as 684 |
---|
829 | | - | amended by this act, alleges a violation of section 46a-64, 46a-64c, 46a-685 |
---|
830 | | - | 81d, [or] 46a-81e or section 11 of this act, and the commission believes 686 Substitute Bill No. 6781 |
---|
831 | | - | |
---|
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835 | | - | 23 of 60 |
---|
836 | | - | |
---|
837 | | - | that injunctive relief is required or that the imposition of punitive 687 |
---|
838 | | - | damages or a civil penalty would be appropriate, the commission may 688 |
---|
839 | | - | bring a petition in the superior court for the judicial district in which the 689 |
---|
840 | | - | discriminatory practice which is the subject of the complaint occurred 690 |
---|
841 | | - | or the judicial district in which the respondent resides. 691 |
---|
842 | | - | Sec. 21. Subsection (b) of section 46a-90a of the general statutes is 692 |
---|
843 | | - | repealed and the following is substituted in lieu thereof (Effective October 693 |
---|
844 | | - | 1, 2023): 694 |
---|
845 | | - | (b) When the presiding officer finds that the respondent has engaged 695 |
---|
846 | | - | in any discriminatory practice prohibited by section 46a-60, 46a-64, 46a-696 |
---|
847 | | - | 64c, 46a-81c, 46a-81d, [or] 46a-81e or section 11 of this act and grants 697 |
---|
848 | | - | relief on the complaint, requiring that a temporary injunction remain in 698 |
---|
849 | | - | effect, the executive director may, through the procedure outlined in 699 |
---|
850 | | - | subsection (a) of section 46a-95, petition the court which granted the 700 |
---|
851 | | - | original temporary injunction to make the injunction permanent. 701 |
---|
852 | | - | Sec. 22. Section 46a-98a of the general statutes is repealed and the 702 |
---|
853 | | - | following is substituted in lieu thereof (Effective October 1, 2023): 703 |
---|
854 | | - | Any person claiming to be aggrieved by a violation of section 46a-64c 704 |
---|
855 | | - | [or] 46a-81e or section 11 of this act or by a breach of a conciliation 705 |
---|
856 | | - | agreement entered into pursuant to this chapter, may bring an action in 706 |
---|
857 | | - | the Superior Court, or the housing session of said court if appropriate, 707 |
---|
858 | | - | within one year of the date of the alleged discriminatory practice or of a 708 |
---|
859 | | - | breach of a conciliation agreement entered into pursuant to this chapter. 709 |
---|
860 | | - | No action pursuant to this section may be brought in the Superior Court 710 |
---|
861 | | - | regarding the alleged discriminatory practice after the commission has 711 |
---|
862 | | - | obtained a conciliation agreement pursuant to section 46a-83, as 712 |
---|
863 | | - | amended by this act, or commenced a hearing pursuant to section 46a-713 |
---|
864 | | - | 84, except for an action to enforce the conciliation agreement. The court 714 |
---|
865 | | - | shall have the power to grant relief, by injunction or otherwise, as it 715 |
---|
866 | | - | deems just and suitable. The court may grant any relief which a 716 |
---|
867 | | - | presiding officer may grant in a proceeding under section 46a-86, as 717 |
---|
868 | | - | amended by this act, or which the court may grant in a proceeding 718 Substitute Bill No. 6781 |
---|
869 | | - | |
---|
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873 | | - | 24 of 60 |
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874 | | - | |
---|
875 | | - | under section 46a-89, as amended by this act. The commission, through 719 |
---|
876 | | - | commission legal counsel or the Attorney General, may intervene as a 720 |
---|
877 | | - | matter of right in any action brought pursuant to this section without 721 |
---|
878 | | - | permission of the court or the parties. 722 |
---|
879 | | - | Sec. 23. (NEW) (Effective October 1, 2023) (a) There shall be an Office 723 |
---|
880 | | - | of Responsible Growth within the Intergovernmental Policy Division of 724 |
---|
881 | | - | the Office of Policy and Management. 725 |
---|
882 | | - | (b) The Office of Responsible Growth shall be responsible for the 726 |
---|
883 | | - | following: 727 |
---|
884 | | - | (1) Preparing the state plan of conservation and development 728 |
---|
885 | | - | pursuant to chapters 297 and 297a of the general statutes; 729 |
---|
886 | | - | (2) Reviewing state agency plans, projects and bonding requests for 730 |
---|
887 | | - | consistency with the state plan of conservation and development; 731 |
---|
888 | | - | (3) Coordinating the administration of the Connecticut 732 |
---|
889 | | - | Environmental Policy Act, as set forth in sections 22a-1 to 22a-1h, 733 |
---|
890 | | - | inclusive, of the general statutes; 734 |
---|
891 | | - | (4) Facilitating interagency coordination in matters involving land 735 |
---|
892 | | - | and water resources and infrastructure improvements; 736 |
---|
893 | | - | (5) Providing staff support to the Connecticut Water Planning 737 |
---|
894 | | - | Council; 738 |
---|
895 | | - | (6) Coordinating the neighborhood revitalization zone program, as 739 |
---|
896 | | - | provided in sections 7-600 to 7-602, inclusive, of the general statutes; 740 |
---|
897 | | - | (7) Assisting the Chief Data Officer of the state with oversight of state-741 |
---|
898 | | - | wide geographic information system data and resources and 742 |
---|
899 | | - | participating in the geographic information system user-to-user 743 |
---|
900 | | - | network to develop geographic information system data standards and 744 |
---|
901 | | - | initiatives; 745 |
---|
902 | | - | (8) Providing staff support to the Advisory Commission on 746 Substitute Bill No. 6781 |
---|
903 | | - | |
---|
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908 | | - | |
---|
909 | | - | Intergovernmental Relations; 747 |
---|
910 | | - | (9) Serving as the state liaison to the state's regional councils of 748 |
---|
911 | | - | governments; 749 |
---|
912 | | - | (10) Administering responsible growth and transit-oriented 750 |
---|
913 | | - | development and regional performance incentive grant programs; 751 |
---|
914 | | - | (11) Compiling data necessary to and coordinating the submission by 752 |
---|
915 | | - | municipalities of plans to affirmatively further fair housing; and 753 |
---|
916 | | - | (12) Preparing the public investment community index annually. 754 |
---|
917 | | - | (c) The Secretary of the Office of Policy and Management shall 755 |
---|
918 | | - | designate a member of the secretary's staff to serve as the State 756 |
---|
919 | | - | Responsible Growth Coordinator to oversee the Office of Responsible 757 |
---|
920 | | - | Growth. 758 |
---|
921 | | - | (d) The secretary shall adopt regulations, in accordance with the 759 |
---|
922 | | - | provisions of chapter 54 of the general statutes, to carry out the purposes 760 |
---|
923 | | - | of this section. 761 |
---|
924 | | - | Sec. 24. Section 8-30j of the general statutes is repealed and the 762 |
---|
925 | | - | following is substituted in lieu thereof (Effective October 1, 2023): 763 |
---|
926 | | - | (a) As used in this section: 764 |
---|
927 | | - | (1) "Plan to affirmatively further fair housing" means a plan designed 765 |
---|
928 | | - | to (A) develop additional affordable housing, (B) overcome patterns of 766 |
---|
929 | | - | segregation, (C) promote equity in housing and related community 767 |
---|
930 | | - | assets, and (D) foster inclusive communities free from barriers that 768 |
---|
931 | | - | restrict access to opportunities based on protected characteristics; 769 |
---|
932 | | - | (2) "Equity" means the consistent and systematic fair, just and 770 |
---|
933 | | - | nondiscriminatory treatment of all individuals, regardless of protected 771 |
---|
934 | | - | characteristics, including concerted actions to overcome past 772 |
---|
935 | | - | discrimination against underserved communities that have been denied 773 |
---|
936 | | - | equal opportunities or otherwise adversely affected because of their 774 Substitute Bill No. 6781 |
---|
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942 | | - | |
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943 | | - | protected characteristics by public and private policies and practices 775 |
---|
944 | | - | that have perpetuated inequality, segregation and poverty; 776 |
---|
945 | | - | (3) "Segregation" means a condition within a geographic area in 777 |
---|
946 | | - | which there is a significant concentration of persons of a particular race, 778 |
---|
947 | | - | color, religion, sex, including sexual orientation, gender identity and 779 |
---|
948 | | - | nonconformance with gender stereotypes, familial status or national 780 |
---|
949 | | - | origin or having a disability or a type of disability, in such geographic 781 |
---|
950 | | - | area when compared to a different or broader geographic area; and 782 |
---|
951 | | - | (4) "Coordinator" means the State Responsible Growth Coordinator 783 |
---|
952 | | - | of the Office of Responsible Growth within the Office of Policy and 784 |
---|
953 | | - | Management. 785 |
---|
954 | | - | [(a)] (b) [(1) Not later than June 1, 2022, and at least once every five 786 |
---|
955 | | - | years thereafter] Commencing June 1, 2024, each municipality, in 787 |
---|
956 | | - | consultation with the State Responsible Growth Coordinator, shall 788 |
---|
957 | | - | prepare or amend and adopt [an affordable housing plan for the 789 |
---|
958 | | - | municipality] a plan to affirmatively further fair housing for the 790 |
---|
959 | | - | municipality not later than the plan date set in accordance with a 791 |
---|
960 | | - | schedule prescribed by the coordinator, and at least once every five 792 |
---|
961 | | - | years thereafter, and shall submit a copy of such plan to the [Secretary 793 |
---|
962 | | - | of the Office of Policy and Management] coordinator upon the 794 |
---|
963 | | - | amendment or adoption of such plan. The schedule prescribed by the 795 |
---|
964 | | - | coordinator shall require approximately twenty per cent of 796 |
---|
965 | | - | municipalities to submit such plan each year. Such plan shall be subject 797 |
---|
966 | | - | to the approval of the coordinator and shall specify how the 798 |
---|
967 | | - | municipality intends to [increase the number of affordable housing 799 |
---|
968 | | - | developments in the municipality] meet the goals established by the 800 |
---|
969 | | - | plan. 801 |
---|
970 | | - | [(2) If, at the same time the municipality is required to submit to the 802 |
---|
971 | | - | Secretary of the Office of Policy and Management an affordable housing 803 |
---|
972 | | - | plan pursuant to subdivision (1) of this subsection, the municipality is 804 |
---|
973 | | - | also required to submit to the secretary a plan of conservation and 805 |
---|
974 | | - | development pursuant to section 8-23, such affordable housing plan 806 Substitute Bill No. 6781 |
---|
975 | | - | |
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---|
980 | | - | |
---|
981 | | - | may be included as part of such plan of conservation and development. 807 |
---|
982 | | - | The municipality may, to coincide with its submission to the secretary 808 |
---|
983 | | - | of a plan of conservation and development, submit to the secretary an 809 |
---|
984 | | - | affordable housing plan early, provided the municipality's next such 810 |
---|
985 | | - | submission of an affordable housing plan shall be five years thereafter.] 811 |
---|
986 | | - | (c) Not later than January 1, 2024, the coordinator shall develop and 812 |
---|
987 | | - | make available a data set for each municipality concerning such 813 |
---|
988 | | - | municipality's demographic information, including trends in such 814 |
---|
989 | | - | information, related to segregation. 815 |
---|
990 | | - | [(b)] (d) The municipality may hold public informational meetings or 816 |
---|
991 | | - | organize other activities to inform residents about the process of 817 |
---|
992 | | - | preparing the plan and shall post a copy of any draft plan or amendment 818 |
---|
993 | | - | to such plan on the Internet web site of the municipality. If the 819 |
---|
994 | | - | municipality holds a public hearing, such posting shall occur at least 820 |
---|
995 | | - | thirty-five days prior to the public hearing. After adoption of the plan, 821 |
---|
996 | | - | the municipality shall file the final plan in the office of the town clerk of 822 |
---|
997 | | - | such municipality and post the plan on the Internet web site of the 823 |
---|
998 | | - | municipality. 824 |
---|
999 | | - | [(c) Following adoption, the municipality shall regularly review and 825 |
---|
1000 | | - | maintain such plan. The municipality may adopt such geographical, 826 |
---|
1001 | | - | functional or other amendments to the plan or parts of the plan, in 827 |
---|
1002 | | - | accordance with the provisions of this section, as it deems necessary. If 828 |
---|
1003 | | - | the municipality fails to amend and submit to the Secretary of the Office 829 |
---|
1004 | | - | of Policy and Management such plan every five years, the chief elected 830 |
---|
1005 | | - | official of the municipality shall submit a letter to the secretary that (1) 831 |
---|
1006 | | - | explains why such plan was not amended, and (2) designates a date by 832 |
---|
1007 | | - | which an amended plan shall be submitted.] 833 |
---|
1008 | | - | (e) Not later than December 1, 2024, and annually thereafter, each 834 |
---|
1009 | | - | municipality shall submit to the Office of Responsible Growth within 835 |
---|
1010 | | - | the Office of Policy and Management a sworn statement from the chief 836 |
---|
1011 | | - | executive officer of the municipality stating that the municipality is in 837 |
---|
1012 | | - | compliance with the plan adopted by such municipality under 838 Substitute Bill No. 6781 |
---|
1013 | | - | |
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---|
1018 | | - | |
---|
1019 | | - | subsection (b) of this section. On and after December 1, 2024, any 839 |
---|
1020 | | - | municipality that fails to comply with the requirements of this 840 |
---|
1021 | | - | subsection or subsection (b) of this section shall be required to spend 841 |
---|
1022 | | - | any funds such municipality has received related to any economic and 842 |
---|
1023 | | - | community development project pursuant to section 4-66c or 4-66g on 843 |
---|
1024 | | - | the development of affordable housing or on infrastructure to support 844 |
---|
1025 | | - | the development of affordable housing. 845 |
---|
1026 | | - | Sec. 25. (Effective from passage) (a) There is established a task force to 846 |
---|
1027 | | - | create an inventory of existing sewer capacity in the state and a plan to 847 |
---|
1028 | | - | expand such sewer capacity in accordance with the state plan of 848 |
---|
1029 | | - | conservation and development adopted pursuant to chapter 297 of the 849 |
---|
1030 | | - | general statutes. 850 |
---|
1031 | | - | (b) The task force shall consist of the following members: 851 |
---|
1032 | | - | (1) Two appointed by the speaker of the House of Representatives; 852 |
---|
1033 | | - | (2) Two appointed by the president pro tempore of the Senate; 853 |
---|
1034 | | - | (3) One appointed by the majority leader of the House of 854 |
---|
1035 | | - | Representatives; 855 |
---|
1036 | | - | (4) One appointed by the majority leader of the Senate; 856 |
---|
1037 | | - | (5) One appointed by the minority leader of the House of 857 |
---|
1038 | | - | Representatives; 858 |
---|
1039 | | - | (6) One appointed by the minority leader of the Senate; 859 |
---|
1040 | | - | (7) The Commissioner of Energy and Environmental Protection, or 860 |
---|
1041 | | - | the commissioner's designee; 861 |
---|
1042 | | - | (8) The Commissioner of Public Health, or the commissioner's 862 |
---|
1043 | | - | designee; and 863 |
---|
1044 | | - | (9) The Commissioner of Economic and Community Development, 864 |
---|
1045 | | - | or the commissioner's designee. 865 Substitute Bill No. 6781 |
---|
1046 | | - | |
---|
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1051 | | - | |
---|
1052 | | - | (c) Any member of the task force appointed under subdivision (1), 866 |
---|
1053 | | - | (2), (3), (4), (5) or (6) of subsection (b) of this section may be a member 867 |
---|
1054 | | - | of the General Assembly. 868 |
---|
1055 | | - | (d) All initial appointments to the task force shall be made not later 869 |
---|
1056 | | - | than thirty days after the effective date of this section. Any vacancy shall 870 |
---|
1057 | | - | be filled by the appointing authority. 871 |
---|
1058 | | - | (e) The speaker of the House of Representatives and the president pro 872 |
---|
1059 | | - | tempore of the Senate shall select the chairpersons of the task force from 873 |
---|
1060 | | - | among the members of the task force. Such chairpersons shall schedule 874 |
---|
1061 | | - | the first meeting of the task force, which shall be held not later than sixty 875 |
---|
1062 | | - | days after the effective date of this section. 876 |
---|
1063 | | - | (f) The administrative staff of the joint standing committee of the 877 |
---|
1064 | | - | General Assembly having cognizance of matters relating to planning 878 |
---|
1065 | | - | and development shall serve as administrative staff of the task force. 879 |
---|
1066 | | - | (g) Not later than January 1, 2024, the task force shall submit a report 880 |
---|
1067 | | - | on its findings and recommendations to the joint standing committee of 881 |
---|
1068 | | - | the General Assembly having cognizance of matters relating to planning 882 |
---|
1069 | | - | and development, in accordance with the provisions of section 11-4a of 883 |
---|
1070 | | - | the general statutes. The task force shall terminate on the date that it 884 |
---|
1071 | | - | submits such report or January 1, 2024, whichever is later. 885 |
---|
1072 | | - | Sec. 26. Subsections (a) to (l), inclusive, of section 8-30g of the general 886 |
---|
1073 | | - | statutes are repealed and the following is substituted in lieu thereof 887 |
---|
1074 | | - | (Effective October 1, 2023): 888 |
---|
1075 | | - | (a) As used in this section and section 8-30j, as amended by this act: 889 |
---|
1076 | | - | (1) ["Affordable housing development" means a proposed housing 890 |
---|
1077 | | - | development which is (A) assisted housing, or (B) a set-aside 891 |
---|
1078 | | - | development] "Affordable housing application" means any application 892 |
---|
1079 | | - | made to a commission in connection with an affordable housing 893 |
---|
1080 | | - | development by a person who proposes to develop such affordable 894 |
---|
1081 | | - | housing; 895 Substitute Bill No. 6781 |
---|
1082 | | - | |
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1087 | | - | |
---|
1088 | | - | (2) ["Affordable housing application" means any application made to 896 |
---|
1089 | | - | a commission in connection with an affordable housing development by 897 |
---|
1090 | | - | a person who proposes to develop such affordable housing] "Affordable 898 |
---|
1091 | | - | housing development" means a proposed housing development that is 899 |
---|
1092 | | - | (A) assisted housing, or (B) a set-aside development; 900 |
---|
1093 | | - | (3) "As of right" means able to be approved in accordance with the 901 |
---|
1094 | | - | terms of a zoning regulation or regulations and without requiring that 902 |
---|
1095 | | - | a public hearing be held, a variance, special permit or special exception 903 |
---|
1096 | | - | be granted or some other discretionary zoning action be taken, other 904 |
---|
1097 | | - | than a determination that a site plan is in conformance with applicable 905 |
---|
1098 | | - | zoning regulations; 906 |
---|
1099 | | - | [(3)] (4) "Assisted housing" means housing [which] that is receiving, 907 |
---|
1100 | | - | or will receive, financial assistance under any governmental program 908 |
---|
1101 | | - | for the construction or substantial rehabilitation of low and moderate 909 |
---|
1102 | | - | income housing, and any housing occupied by persons receiving rental 910 |
---|
1103 | | - | assistance under chapter 319uu or Section 1437f of Title 42 of the United 911 |
---|
1104 | | - | States Code; 912 |
---|
1105 | | - | [(4)] (5) "Commission" means a zoning commission, planning 913 |
---|
1106 | | - | commission, planning and zoning commission, zoning board of appeals 914 |
---|
1107 | | - | or municipal agency exercising zoning or planning authority; 915 |
---|
1108 | | - | (6) "Commissioner" means the Commissioner of Housing; 916 |
---|
1109 | | - | (7) "Median income" means, after adjustments for family size, the 917 |
---|
1110 | | - | lesser of the state median income or the area median income for the area 918 |
---|
1111 | | - | in which the municipality containing the affordable housing 919 |
---|
1112 | | - | development is located, as determined by the United States Department 920 |
---|
1113 | | - | of Housing and Urban Development; 921 |
---|
1114 | | - | (8) "Middle housing" means duplexes, triplexes, quadplexes, cottage 922 |
---|
1115 | | - | clusters and townhouses; 923 |
---|
1116 | | - | [(5)] (9) "Municipality" means any town, city or borough, whether 924 |
---|
1117 | | - | consolidated or unconsolidated; and 925 Substitute Bill No. 6781 |
---|
1118 | | - | |
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1123 | | - | |
---|
1124 | | - | [(6)] (10) "Set-aside development" means a development in which not 926 |
---|
1125 | | - | less than thirty per cent of the dwelling units will be conveyed by deeds 927 |
---|
1126 | | - | containing covenants or restrictions which shall require that, for at least 928 |
---|
1127 | | - | forty years after the initial occupation of the proposed development, 929 |
---|
1128 | | - | such dwelling units shall be sold or rented at, or below, prices which 930 |
---|
1129 | | - | will preserve the units as housing for which persons and families pay 931 |
---|
1130 | | - | thirty per cent or less of their annual income, where such income is less 932 |
---|
1131 | | - | than or equal to eighty per cent of the median income. In a set-aside 933 |
---|
1132 | | - | development, of the dwelling units conveyed by deeds containing 934 |
---|
1133 | | - | covenants or restrictions, a number of dwelling units equal to not less 935 |
---|
1134 | | - | than fifteen per cent of all dwelling units in the development shall be 936 |
---|
1135 | | - | sold or rented to persons and families whose income is less than or equal 937 |
---|
1136 | | - | to sixty per cent of the median income and the remainder of the dwelling 938 |
---|
1137 | | - | units conveyed by deeds containing covenants or restrictions shall be 939 |
---|
1138 | | - | sold or rented to persons and families whose income is less than or equal 940 |
---|
1139 | | - | to eighty per cent of the median income. [;] 941 |
---|
1140 | | - | [(7) "Median income" means, after adjustments for family size, the 942 |
---|
1141 | | - | lesser of the state median income or the area median income for the area 943 |
---|
1142 | | - | in which the municipality containing the affordable housing 944 |
---|
1143 | | - | development is located, as determined by the United States Department 945 |
---|
1144 | | - | of Housing and Urban Development; and 946 |
---|
1145 | | - | (8) "Commissioner" means the Commissioner of Housing.] 947 |
---|
1146 | | - | (b) (1) Any person filing an affordable housing application with a 948 |
---|
1147 | | - | commission shall submit, as part of the application, an affordability plan 949 |
---|
1148 | | - | which shall include at least the following: (A) Designation of the person, 950 |
---|
1149 | | - | entity or agency that will be responsible for the duration of any 951 |
---|
1150 | | - | affordability restrictions, for the administration of the affordability plan 952 |
---|
1151 | | - | and its compliance with the income limits and sale price or rental 953 |
---|
1152 | | - | restrictions of this chapter; (B) an affirmative fair housing marketing 954 |
---|
1153 | | - | plan governing the sale or rental of all dwelling units; (C) a sample 955 |
---|
1154 | | - | calculation of the maximum sales prices or rents of the intended 956 |
---|
1155 | | - | affordable dwelling units; (D) a description of the projected sequence in 957 |
---|
1156 | | - | which, within a set-aside development, the affordable dwelling units 958 Substitute Bill No. 6781 |
---|
1157 | | - | |
---|
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1161 | | - | 32 of 60 |
---|
1162 | | - | |
---|
1163 | | - | will be built and offered for occupancy and the general location of such 959 |
---|
1164 | | - | units within the proposed development; and (E) draft zoning 960 |
---|
1165 | | - | regulations, conditions of approvals, deeds, restrictive covenants or 961 |
---|
1166 | | - | lease provisions that will govern the affordable dwelling units. 962 |
---|
1167 | | - | (2) The commissioner shall, within available appropriations, adopt 963 |
---|
1168 | | - | regulations pursuant to chapter 54 regarding the affordability plan. 964 |
---|
1169 | | - | Such regulations may include additional criteria for preparing an 965 |
---|
1170 | | - | affordability plan and shall include: (A) A formula for determining rent 966 |
---|
1171 | | - | levels and sale prices, including establishing maximum allowable down 967 |
---|
1172 | | - | payments to be used in the calculation of maximum allowable sales 968 |
---|
1173 | | - | prices; (B) a clarification of the costs that are to be included when 969 |
---|
1174 | | - | calculating maximum allowed rents and sale prices; (C) a clarification 970 |
---|
1175 | | - | as to how family size and bedroom counts are to be equated in 971 |
---|
1176 | | - | establishing maximum rental and sale prices for the affordable units; 972 |
---|
1177 | | - | and (D) a listing of the considerations to be included in the computation 973 |
---|
1178 | | - | of income under this section. 974 |
---|
1179 | | - | (c) Any commission, by regulation, may require that an affordable 975 |
---|
1180 | | - | housing application seeking a change of zone include the submission of 976 |
---|
1181 | | - | a conceptual site plan describing the proposed development's total 977 |
---|
1182 | | - | number of residential units and their arrangement on the property and 978 |
---|
1183 | | - | the proposed development's roads and traffic circulation, sewage 979 |
---|
1184 | | - | disposal and water supply. 980 |
---|
1185 | | - | (d) For any affordable dwelling unit that is rented as part of a set-981 |
---|
1186 | | - | aside development, if the maximum monthly housing cost, as calculated 982 |
---|
1187 | | - | in accordance with subdivision [(6)] (10) of subsection (a) of this section, 983 |
---|
1188 | | - | would exceed one hundred per cent of the Section 8 fair market rent as 984 |
---|
1189 | | - | determined by the United States Department of Housing and Urban 985 |
---|
1190 | | - | Development, in the case of units set aside for persons and families 986 |
---|
1191 | | - | whose income is less than or equal to sixty per cent of the median 987 |
---|
1192 | | - | income, then such maximum monthly housing cost shall not exceed one 988 |
---|
1193 | | - | hundred per cent of said Section 8 fair market rent. If the maximum 989 |
---|
1194 | | - | monthly housing cost, as calculated in accordance with subdivision [(6)] 990 |
---|
1195 | | - | (10) of subsection (a) of this section, would exceed one hundred twenty 991 Substitute Bill No. 6781 |
---|
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---|
1201 | | - | |
---|
1202 | | - | per cent of the Section 8 fair market rent, as determined by the United 992 |
---|
1203 | | - | States Department of Housing and Urban Development, in the case of 993 |
---|
1204 | | - | units set aside for persons and families whose income is less than or 994 |
---|
1205 | | - | equal to eighty per cent of the median income, then such maximum 995 |
---|
1206 | | - | monthly housing cost shall not exceed one hundred twenty per cent of 996 |
---|
1207 | | - | such Section 8 fair market rent. 997 |
---|
1208 | | - | (e) For any affordable dwelling unit that is rented [in order] to comply 998 |
---|
1209 | | - | with the requirements of a set-aside development, no person shall 999 |
---|
1210 | | - | impose on a prospective tenant who is receiving governmental rental 1000 |
---|
1211 | | - | assistance a maximum percentage-of-income-for-housing requirement 1001 |
---|
1212 | | - | that is more restrictive than the requirement, if any, imposed by such 1002 |
---|
1213 | | - | governmental assistance program. 1003 |
---|
1214 | | - | (f) Except as provided in subsections (k) and (l) of this section, any 1004 |
---|
1215 | | - | person whose affordable housing application is denied, or is approved 1005 |
---|
1216 | | - | with restrictions [which] that have a substantial adverse impact on the 1006 |
---|
1217 | | - | viability of the affordable housing development or the degree of 1007 |
---|
1218 | | - | affordability of the affordable dwelling units in a set-aside 1008 |
---|
1219 | | - | development, may appeal such decision pursuant to the procedures of 1009 |
---|
1220 | | - | this section. Such appeal shall be filed within the time period for filing 1010 |
---|
1221 | | - | appeals as set forth in section 8-8, 8-9, 8-28 or 8-30a, as applicable, and 1011 |
---|
1222 | | - | shall be made returnable to the superior court for the judicial district 1012 |
---|
1223 | | - | where the real property which is the subject of the application is located. 1013 |
---|
1224 | | - | Affordable housing appeals, including pretrial motions, shall be heard 1014 |
---|
1225 | | - | by a judge assigned by the Chief Court Administrator to hear such 1015 |
---|
1226 | | - | appeals. To the extent practicable, efforts shall be made to assign such 1016 |
---|
1227 | | - | cases to a small number of judges, sitting in geographically diverse parts 1017 |
---|
1228 | | - | of the state, so that a consistent body of expertise can be developed. 1018 |
---|
1229 | | - | Unless otherwise ordered by the Chief Court Administrator, such 1019 |
---|
1230 | | - | appeals, including pretrial motions, shall be heard by such assigned 1020 |
---|
1231 | | - | judges in the judicial district in which such judge is sitting. Appeals 1021 |
---|
1232 | | - | taken pursuant to this subsection shall be privileged cases to be heard 1022 |
---|
1233 | | - | by the court as soon after the return day as is practicable. Except as 1023 |
---|
1234 | | - | otherwise provided in this section, appeals involving an affordable 1024 Substitute Bill No. 6781 |
---|
1235 | | - | |
---|
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---|
1240 | | - | |
---|
1241 | | - | housing application shall proceed in conformance with the provisions 1025 |
---|
1242 | | - | of section 8-8, 8-9, 8-28 or 8-30a, as applicable. 1026 |
---|
1243 | | - | (g) Upon an appeal taken under subsection (f) of this section, the 1027 |
---|
1244 | | - | burden shall be on the commission to prove, based upon the evidence 1028 |
---|
1245 | | - | in the record compiled before such commission, that the decision from 1029 |
---|
1246 | | - | which such appeal is taken and the reasons cited for such decision are 1030 |
---|
1247 | | - | supported by sufficient evidence in the record. The commission shall 1031 |
---|
1248 | | - | also have the burden to prove, based upon the evidence in the record 1032 |
---|
1249 | | - | compiled before such commission, that (1) (A) the decision is necessary 1033 |
---|
1250 | | - | to protect substantial public interests in health, safety or other matters 1034 |
---|
1251 | | - | which the commission may legally consider; (B) such public interests 1035 |
---|
1252 | | - | clearly outweigh the need for affordable housing; and (C) such public 1036 |
---|
1253 | | - | interests cannot be protected by reasonable changes to the affordable 1037 |
---|
1254 | | - | housing development, or (2) (A) the application which was the subject 1038 |
---|
1255 | | - | of the decision from which such appeal was taken would locate 1039 |
---|
1256 | | - | affordable housing in an area which is zoned for industrial use and 1040 |
---|
1257 | | - | which does not permit residential uses; and (B) the development is not 1041 |
---|
1258 | | - | assisted housing. If the commission does not satisfy its burden of proof 1042 |
---|
1259 | | - | under this subsection, the court shall wholly or partly revise, modify, 1043 |
---|
1260 | | - | remand or reverse the decision from which the appeal was taken in a 1044 |
---|
1261 | | - | manner consistent with the evidence in the record before it. 1045 |
---|
1262 | | - | (h) Following a decision by a commission to reject an affordable 1046 |
---|
1263 | | - | housing application or to approve an application with restrictions 1047 |
---|
1264 | | - | [which] that have a substantial adverse impact on the viability of the 1048 |
---|
1265 | | - | affordable housing development or the degree of affordability of the 1049 |
---|
1266 | | - | affordable dwelling units, the applicant may, within the period for filing 1050 |
---|
1267 | | - | an appeal of such decision, submit to the commission a proposed 1051 |
---|
1268 | | - | modification of its proposal responding to some or all of the objections 1052 |
---|
1269 | | - | or restrictions articulated by the commission, which shall be treated as 1053 |
---|
1270 | | - | an amendment to the original proposal. The day of receipt of such a 1054 |
---|
1271 | | - | modification shall be determined in the same manner as the day of 1055 |
---|
1272 | | - | receipt is determined for an original application. The filing of such a 1056 |
---|
1273 | | - | proposed modification shall stay the period for filing an appeal from the 1057 Substitute Bill No. 6781 |
---|
1274 | | - | |
---|
1275 | | - | |
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1279 | | - | |
---|
1280 | | - | decision of the commission on the original application. The commission 1058 |
---|
1281 | | - | shall hold a public hearing on the proposed modification if it held a 1059 |
---|
1282 | | - | public hearing on the original application and may hold a public 1060 |
---|
1283 | | - | hearing on the proposed modification if it did not hold a public hearing 1061 |
---|
1284 | | - | on the original application. The commission shall render a decision on 1062 |
---|
1285 | | - | the proposed modification not later than sixty-five days after the receipt 1063 |
---|
1286 | | - | of such proposed modification, provided, if, in connection with a 1064 |
---|
1287 | | - | modification submitted under this subsection, the applicant applies for 1065 |
---|
1288 | | - | a permit for an activity regulated pursuant to sections 22a-36 to 22a-45, 1066 |
---|
1289 | | - | inclusive, and the time for a decision by the commission on such 1067 |
---|
1290 | | - | modification under this subsection would lapse prior to the thirty-fifth 1068 |
---|
1291 | | - | day after a decision by an inland wetlands and watercourses agency, the 1069 |
---|
1292 | | - | time period for decision by the commission on the modification under 1070 |
---|
1293 | | - | this subsection shall be extended to thirty-five days after the decision of 1071 |
---|
1294 | | - | such agency. The commission shall issue notice of its decision as 1072 |
---|
1295 | | - | provided by law. Failure of the commission to render a decision within 1073 |
---|
1296 | | - | said sixty-five days or subsequent extension period permitted by this 1074 |
---|
1297 | | - | subsection shall constitute a rejection of the proposed modification. 1075 |
---|
1298 | | - | Within the time period for filing an appeal on the proposed modification 1076 |
---|
1299 | | - | as set forth in section 8-8, 8-9, 8-28 or 8-30a, as applicable, the applicant 1077 |
---|
1300 | | - | may appeal the commission's decision on the original application and 1078 |
---|
1301 | | - | the proposed modification in the manner set forth in this section. 1079 |
---|
1302 | | - | Nothing in this subsection shall be construed to limit the right of an 1080 |
---|
1303 | | - | applicant to appeal the original decision of the commission in the 1081 |
---|
1304 | | - | manner set forth in this section without submitting a proposed 1082 |
---|
1305 | | - | modification or to limit the issues which may be raised in any appeal 1083 |
---|
1306 | | - | under this section. 1084 |
---|
1307 | | - | (i) Nothing in this section shall be deemed to preclude any right of 1085 |
---|
1308 | | - | appeal under the provisions of section 8-8, 8-9, 8-28 or 8-30a. 1086 |
---|
1309 | | - | (j) A commission or its designated authority shall have, with respect 1087 |
---|
1310 | | - | to compliance of an affordable housing development with the 1088 |
---|
1311 | | - | provisions of this chapter, the same powers and remedies provided to 1089 |
---|
1312 | | - | commissions by section 8-12. 1090 Substitute Bill No. 6781 |
---|
1313 | | - | |
---|
1314 | | - | |
---|
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1317 | | - | 36 of 60 |
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1318 | | - | |
---|
1319 | | - | (k) The affordable housing appeals procedure established under this 1091 |
---|
1320 | | - | section shall not be available if the real property which is the subject of 1092 |
---|
1321 | | - | the application is located in a municipality in which at least ten per cent 1093 |
---|
1322 | | - | of all dwelling units in the municipality are (1) assisted housing, (2) 1094 |
---|
1323 | | - | currently financed by Connecticut Housing Finance Authority 1095 |
---|
1324 | | - | mortgages, (3) subject to binding recorded deeds containing covenants 1096 |
---|
1325 | | - | or restrictions which require that such dwelling units be sold or rented 1097 |
---|
1326 | | - | at, or below, prices which will preserve the units as housing for which 1098 |
---|
1327 | | - | persons and families pay thirty per cent or less of income, where such 1099 |
---|
1328 | | - | income is less than or equal to eighty per cent of the median income, (4) 1100 |
---|
1329 | | - | mobile manufactured homes located in mobile manufactured home 1101 |
---|
1330 | | - | parks or legally approved accessory apartments, which homes or 1102 |
---|
1331 | | - | apartments are subject to binding recorded deeds containing covenants 1103 |
---|
1332 | | - | or restrictions which require that such dwelling units be sold or rented 1104 |
---|
1333 | | - | at, or below, prices which will preserve the units as housing for which, 1105 |
---|
1334 | | - | for a period of not less than ten years, persons and families pay thirty 1106 |
---|
1335 | | - | per cent or less of income, where such income is less than or equal to 1107 |
---|
1336 | | - | eighty per cent of the median income, or (5) mobile manufactured 1108 |
---|
1337 | | - | homes located in resident-owned mobile manufactured home parks. For 1109 |
---|
1338 | | - | the purposes of calculating the total number of dwelling units in a 1110 |
---|
1339 | | - | municipality, accessory apartments built or permitted after January 1, 1111 |
---|
1340 | | - | 2022, but that are not described in subdivision (4) of this subsection, 1112 |
---|
1341 | | - | shall not be counted toward such total number. The municipalities 1113 |
---|
1342 | | - | meeting the criteria set forth in this subsection shall be listed in the 1114 |
---|
1343 | | - | report submitted under section 8-37qqq. As used in this subsection, 1115 |
---|
1344 | | - | "accessory apartment" has the same meaning as provided in section 8-1116 |
---|
1345 | | - | 1a, and "resident-owned mobile manufactured home park" means a 1117 |
---|
1346 | | - | mobile manufactured home park consisting of mobile manufactured 1118 |
---|
1347 | | - | homes located on land that is deed restricted, and, at the time of issuance 1119 |
---|
1348 | | - | of a loan for the purchase of such land, such loan required seventy-five 1120 |
---|
1349 | | - | per cent of the units to be leased to persons with incomes equal to or less 1121 |
---|
1350 | | - | than eighty per cent of the median income, and either (A) forty per cent 1122 |
---|
1351 | | - | of said seventy-five per cent to be leased to persons with incomes equal 1123 |
---|
1352 | | - | to or less than sixty per cent of the median income, or (B) twenty per 1124 |
---|
1353 | | - | cent of said seventy-five per cent to be leased to persons with incomes 1125 Substitute Bill No. 6781 |
---|
1354 | | - | |
---|
1355 | | - | |
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1358 | | - | 37 of 60 |
---|
1359 | | - | |
---|
1360 | | - | equal to or less than fifty per cent of the median income. 1126 |
---|
1361 | | - | (l) (1) Except as provided in subdivision (2) of this subsection, the 1127 |
---|
1362 | | - | affordable housing appeals procedure established under this section 1128 |
---|
1363 | | - | shall not be applicable to an affordable housing application filed with a 1129 |
---|
1364 | | - | commission during a moratorium, which shall commence after (A) a 1130 |
---|
1365 | | - | certification of affordable housing project completion issued by the 1131 |
---|
1366 | | - | commissioner is published in the Connecticut Law Journal, or (B) notice 1132 |
---|
1367 | | - | of a provisional approval is published pursuant to subdivision (4) of this 1133 |
---|
1368 | | - | subsection. Any such moratorium shall be for a period of four years, 1134 |
---|
1369 | | - | except that for any municipality that has (i) twenty thousand or more 1135 |
---|
1370 | | - | dwelling units, as reported in the most recent United States decennial 1136 |
---|
1371 | | - | census, and (ii) previously qualified for a moratorium in accordance 1137 |
---|
1372 | | - | with this section, any subsequent moratorium shall be for a period of 1138 |
---|
1373 | | - | five years. Any moratorium that is in effect on October 1, 2002, is 1139 |
---|
1374 | | - | extended by one year. 1140 |
---|
1375 | | - | (2) Such moratorium shall not apply to (A) affordable housing 1141 |
---|
1376 | | - | applications for assisted housing in which ninety-five per cent of the 1142 |
---|
1377 | | - | dwelling units are restricted to persons and families whose income is 1143 |
---|
1378 | | - | less than or equal to sixty per cent of the median income, (B) other 1144 |
---|
1379 | | - | affordable housing applications for assisted housing containing forty or 1145 |
---|
1380 | | - | fewer dwelling units, or (C) affordable housing applications which were 1146 |
---|
1381 | | - | filed with a commission pursuant to this section prior to the date upon 1147 |
---|
1382 | | - | which the moratorium takes effect. 1148 |
---|
1383 | | - | (3) Eligible units completed after a moratorium has begun may be 1149 |
---|
1384 | | - | counted toward establishing eligibility for a subsequent moratorium. 1150 |
---|
1385 | | - | (4) (A) The commissioner shall issue a certificate of affordable 1151 |
---|
1386 | | - | housing project completion for the purposes of this subsection upon 1152 |
---|
1387 | | - | finding that there has been completed within the municipality one or 1153 |
---|
1388 | | - | more affordable housing developments which create housing unit-1154 |
---|
1389 | | - | equivalent points equal to (i) the greater of two per cent of all dwelling 1155 |
---|
1390 | | - | units in the municipality, as reported in the most recent United States 1156 |
---|
1391 | | - | decennial census, or seventy-five housing unit-equivalent points, or (ii) 1157 Substitute Bill No. 6781 |
---|
1392 | | - | |
---|
1393 | | - | |
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1396 | | - | 38 of 60 |
---|
1397 | | - | |
---|
1398 | | - | for any municipality that has (I) adopted [an affordable housing plan] a 1158 |
---|
1399 | | - | plan to affirmatively further fair housing in accordance with section 8-1159 |
---|
1400 | | - | 30j, as amended by this act, (II) twenty thousand or more dwelling units, 1160 |
---|
1401 | | - | as reported in the most recent United States decennial census, and (III) 1161 |
---|
1402 | | - | previously qualified for a moratorium in accordance with this section, 1162 |
---|
1403 | | - | one and one-half per cent of all dwelling units in the municipality, as 1163 |
---|
1404 | | - | reported in the most recent United States decennial census. 1164 |
---|
1405 | | - | (B) A municipality may apply for a certificate of affordable housing 1165 |
---|
1406 | | - | project completion pursuant to this subsection by applying in writing to 1166 |
---|
1407 | | - | the commissioner, and including documentation showing that the 1167 |
---|
1408 | | - | municipality has accumulated the required number of points within the 1168 |
---|
1409 | | - | applicable time period. Such documentation shall include the location 1169 |
---|
1410 | | - | of each dwelling unit being counted, the number of points each dwelling 1170 |
---|
1411 | | - | unit has been assigned, and the reason, pursuant to this subsection, for 1171 |
---|
1412 | | - | assigning such points to such dwelling unit. Upon receipt of such 1172 |
---|
1413 | | - | application, the commissioner shall promptly cause a notice of the filing 1173 |
---|
1414 | | - | of the application to be published in the Connecticut Law Journal, 1174 |
---|
1415 | | - | stating that public comment on such application shall be accepted by the 1175 |
---|
1416 | | - | commissioner for a period of thirty days after the publication of such 1176 |
---|
1417 | | - | notice. Not later than ninety days after the receipt of such application, 1177 |
---|
1418 | | - | the commissioner shall either approve or reject such application. Such 1178 |
---|
1419 | | - | approval or rejection shall be accompanied by a written statement of the 1179 |
---|
1420 | | - | reasons for approval or rejection, pursuant to the provisions of this 1180 |
---|
1421 | | - | subsection. If the application is approved, the commissioner shall 1181 |
---|
1422 | | - | promptly cause a certificate of affordable housing project completion to 1182 |
---|
1423 | | - | be published in the Connecticut Law Journal. If the commissioner fails 1183 |
---|
1424 | | - | to either approve or reject the application within such ninety-day 1184 |
---|
1425 | | - | period, such application shall be deemed provisionally approved, and 1185 |
---|
1426 | | - | the municipality may cause notice of such provisional approval to be 1186 |
---|
1427 | | - | published in a conspicuous manner in a daily newspaper having general 1187 |
---|
1428 | | - | circulation in the municipality, in which case, such moratorium shall 1188 |
---|
1429 | | - | take effect upon such publication. The municipality shall send a copy of 1189 |
---|
1430 | | - | such notice to the commissioner. Such provisional approval shall 1190 |
---|
1431 | | - | remain in effect unless the commissioner subsequently acts upon and 1191 Substitute Bill No. 6781 |
---|
1432 | | - | |
---|
1433 | | - | |
---|
1434 | | - | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2023HB-06781- |
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1436 | | - | 39 of 60 |
---|
1437 | | - | |
---|
1438 | | - | rejects the application, in which case the moratorium shall terminate 1192 |
---|
1439 | | - | upon notice to the municipality by the commissioner. 1193 |
---|
1440 | | - | (5) For the purposes of this subsection, "elderly units" are dwelling 1194 |
---|
1441 | | - | units whose occupancy is restricted by age, "family units" are dwelling 1195 |
---|
1442 | | - | units whose occupancy is not restricted by age, and "resident-owned 1196 |
---|
1443 | | - | mobile manufactured home park" has the same meaning as provided in 1197 |
---|
1444 | | - | subsection (k) of this section. 1198 |
---|
1445 | | - | (6) For the purposes of this subsection, housing unit-equivalent 1199 |
---|
1446 | | - | points shall be determined by the commissioner as follows: (A) No 1200 |
---|
1447 | | - | points shall be awarded for a unit unless its occupancy is restricted to 1201 |
---|
1448 | | - | persons and families whose income is equal to or less than eighty per 1202 |
---|
1449 | | - | cent of the median income, except that unrestricted units in a set-aside 1203 |
---|
1450 | | - | development shall be awarded one-fourth point each. (B) Family units 1204 |
---|
1451 | | - | restricted to persons and families whose income is equal to or less than 1205 |
---|
1452 | | - | eighty per cent of the median income shall be awarded one point if an 1206 |
---|
1453 | | - | ownership unit and one and one-half points if a rental unit. (C) Family 1207 |
---|
1454 | | - | units restricted to persons and families whose income is equal to or less 1208 |
---|
1455 | | - | than sixty per cent of the median income shall be awarded one and one-1209 |
---|
1456 | | - | half points if an ownership unit and two points if a rental unit. (D) 1210 |
---|
1457 | | - | Family units restricted to persons and families whose income is equal to 1211 |
---|
1458 | | - | or less than forty per cent of the median income shall be awarded two 1212 |
---|
1459 | | - | points if an ownership unit and two and one-half points if a rental unit. 1213 |
---|
1460 | | - | (E) Elderly units restricted to persons and families whose income is 1214 |
---|
1461 | | - | equal to or less than eighty per cent of the median income shall be 1215 |
---|
1462 | | - | awarded one-half point. (F) A set-aside development containing family 1216 |
---|
1463 | | - | units which are rental units shall be awarded additional points equal to 1217 |
---|
1464 | | - | twenty-two per cent of the total points awarded to such development, 1218 |
---|
1465 | | - | provided the application for such development was filed with the 1219 |
---|
1466 | | - | commission prior to July 6, 1995. (G) A mobile manufactured home in a 1220 |
---|
1467 | | - | resident-owned mobile manufactured home park shall be awarded 1221 |
---|
1468 | | - | points as follows: One and one-half points when occupied by persons 1222 |
---|
1469 | | - | and families with an income equal to or less than eighty per cent of the 1223 |
---|
1470 | | - | median income; two points when occupied by persons and families with 1224 Substitute Bill No. 6781 |
---|
1471 | | - | |
---|
1472 | | - | |
---|
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---|
1475 | | - | 40 of 60 |
---|
1476 | | - | |
---|
1477 | | - | an income equal to or less than sixty per cent of the median income; and 1225 |
---|
1478 | | - | one-fourth point for the remaining units. (H) A middle housing unit in 1226 |
---|
1479 | | - | a set-aside development developed as of right within one-quarter mile 1227 |
---|
1480 | | - | of any transit district established pursuant to chapter 103a shall be 1228 |
---|
1481 | | - | awarded one-half point. 1229 |
---|
1482 | | - | (7) Points shall be awarded only for dwelling units which (A) were 1230 |
---|
1483 | | - | newly-constructed units in an affordable housing development, as that 1231 |
---|
1484 | | - | term was defined at the time of the affordable housing application, for 1232 |
---|
1485 | | - | which a certificate of occupancy was issued after July 1, 1990, (B) were 1233 |
---|
1486 | | - | newly subjected after July 1, 1990, to deeds containing covenants or 1234 |
---|
1487 | | - | restrictions which require that, for at least the duration required by 1235 |
---|
1488 | | - | subsection (a) of this section for set-aside developments on the date 1236 |
---|
1489 | | - | when such covenants or restrictions took effect, such dwelling units 1237 |
---|
1490 | | - | shall be sold or rented at, or below, prices which will preserve the units 1238 |
---|
1491 | | - | as affordable housing for persons or families whose income does not 1239 |
---|
1492 | | - | exceed eighty per cent of the median income, or (C) are located in a 1240 |
---|
1493 | | - | resident-owned mobile manufactured home park. 1241 |
---|
1494 | | - | (8) Points shall be subtracted, applying the formula in subdivision (6) 1242 |
---|
1495 | | - | of this subsection, for any affordable dwelling unit which, on or after 1243 |
---|
1496 | | - | July 1, 1990, was affected by any action taken by a municipality which 1244 |
---|
1497 | | - | caused such dwelling unit to cease being counted as an affordable 1245 |
---|
1498 | | - | dwelling unit. 1246 |
---|
1499 | | - | (9) A newly-constructed unit shall be counted toward a moratorium 1247 |
---|
1500 | | - | when it receives a certificate of occupancy. A newly-restricted unit shall 1248 |
---|
1501 | | - | be counted toward a moratorium when its deed restriction takes effect. 1249 |
---|
1502 | | - | (10) The affordable housing appeals procedure shall be applicable to 1250 |
---|
1503 | | - | affordable housing applications filed with a commission after a three-1251 |
---|
1504 | | - | year moratorium expires, except (A) as otherwise provided in 1252 |
---|
1505 | | - | subsection (k) of this section, or (B) when sufficient unit-equivalent 1253 |
---|
1506 | | - | points have been created within the municipality during one 1254 |
---|
1507 | | - | moratorium to qualify for a subsequent moratorium. 1255 Substitute Bill No. 6781 |
---|
1508 | | - | |
---|
1509 | | - | |
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1512 | | - | 41 of 60 |
---|
1513 | | - | |
---|
1514 | | - | (11) The commissioner shall, within available appropriations, adopt 1256 |
---|
1515 | | - | regulations in accordance with chapter 54 to carry out the purposes of 1257 |
---|
1516 | | - | this subsection. Such regulations shall specify the procedure to be 1258 |
---|
1517 | | - | followed by a municipality to obtain a moratorium, and shall include 1259 |
---|
1518 | | - | the manner in which a municipality is to document the units to be 1260 |
---|
1519 | | - | counted toward a moratorium. A municipality may apply for a 1261 |
---|
1520 | | - | moratorium in accordance with the provisions of this subsection prior 1262 |
---|
1521 | | - | to, as well as after, such regulations are adopted. 1263 |
---|
1522 | | - | Sec. 27. Section 8-30h of the general statutes is repealed and the 1264 |
---|
1523 | | - | following is substituted in lieu thereof (Effective October 1, 2023): 1265 |
---|
1524 | | - | On and after January 1, 1996, the developer, owner or manager of an 1266 |
---|
1525 | | - | affordable housing development, developed pursuant to subparagraph 1267 |
---|
1526 | | - | (B) of subdivision [(1)] (2) of subsection (a) of section 8-30g, as amended 1268 |
---|
1527 | | - | by this act, that includes rental units shall provide annual certification 1269 |
---|
1528 | | - | to the commission that the development continues to be in compliance 1270 |
---|
1529 | | - | with the covenants and deed restrictions required under said section. If 1271 |
---|
1530 | | - | the development does not comply with such covenants and deed 1272 |
---|
1531 | | - | restrictions, the developer, owner or manager shall rent the next 1273 |
---|
1532 | | - | available units to persons and families whose incomes satisfy the 1274 |
---|
1533 | | - | requirements of the covenants and deed restrictions until the 1275 |
---|
1534 | | - | development is in compliance. The commission may inspect the income 1276 |
---|
1535 | | - | statements of the tenants of the restricted units upon which the 1277 |
---|
1536 | | - | developer, owner or manager bases the certification. Such tenant 1278 |
---|
1537 | | - | statements shall be confidential and shall not be deemed public records 1279 |
---|
1538 | | - | for the purposes of the Freedom of Information Act, as defined in section 1280 |
---|
1539 | | - | 1-200. 1281 |
---|
1540 | | - | Sec. 28. (NEW) (Effective from passage) (a) For purposes of this section: 1282 |
---|
1541 | | - | (1) "Commissioner" means the Commissioner of Housing; 1283 |
---|
1542 | | - | (2) "Public housing authority" means any housing authority 1284 |
---|
1543 | | - | established pursuant to chapter 128 of the general statutes; 1285 |
---|
1544 | | - | (3) "Affordable housing programs" means the rental assistance 1286 Substitute Bill No. 6781 |
---|
1545 | | - | |
---|
1546 | | - | |
---|
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---|
1549 | | - | 42 of 60 |
---|
1550 | | - | |
---|
1551 | | - | program, the federal Housing Choice Voucher Program or any other 1287 |
---|
1552 | | - | program administered by the state that provides rental payment 1288 |
---|
1553 | | - | subsidies for residential dwellings; and 1289 |
---|
1554 | | - | (4) "Common application" means a standardized application form 1290 |
---|
1555 | | - | developed by the commissioner, the Connecticut Housing Finance 1291 |
---|
1556 | | - | Authority and certain public housing authorities for affordable housing 1292 |
---|
1557 | | - | in the state. 1293 |
---|
1558 | | - | (b) Not later than July 1, 2024, the commissioner, in consultation with 1294 |
---|
1559 | | - | the Connecticut Housing Finance Authority and representatives of any 1295 |
---|
1560 | | - | public housing authority located in the state selected by the 1296 |
---|
1561 | | - | commissioner, shall develop and implement a common application for 1297 |
---|
1562 | | - | any individual or family seeking benefits under an affordable housing 1298 |
---|
1563 | | - | program in the state. 1299 |
---|
1564 | | - | (c) On and after July 1, 2024, any entity in the state that administers 1300 |
---|
1565 | | - | any affordable housing program shall accept a common application 1301 |
---|
1566 | | - | submitted by any individual or family seeking affordable housing. 1302 |
---|
1567 | | - | (d) The commissioner may adopt regulations, in accordance with the 1303 |
---|
1568 | | - | provisions of chapter 54 of the general statutes, to carry out the purposes 1304 |
---|
1569 | | - | of this section. 1305 |
---|
1570 | | - | Sec. 29. (NEW) (Effective October 1, 2023) (a) The Commissioner of 1306 |
---|
1571 | | - | Housing, within available appropriations, and in consultation with the 1307 |
---|
1572 | | - | Connecticut Housing Finance Authority and representatives of any 1308 |
---|
1573 | | - | public housing authority in the state selected by the commissioner, shall 1309 |
---|
1574 | | - | establish a program to encourage and recruit owners of rental real 1310 |
---|
1575 | | - | property to accept from prospective tenants any federal Housing Choice 1311 |
---|
1576 | | - | Voucher, rental assistance program certificate or payment from any 1312 |
---|
1577 | | - | other program administered by the state that provides rental payment 1313 |
---|
1578 | | - | subsidies for residential dwellings. Such program may include, but need 1314 |
---|
1579 | | - | not be limited to, advertisements, community outreach events and 1315 |
---|
1580 | | - | communications to owners of rental real property who utilize other 1316 |
---|
1581 | | - | programs concerning such property administered by the state. 1317 Substitute Bill No. 6781 |
---|
1582 | | - | |
---|
1583 | | - | |
---|
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1586 | | - | 43 of 60 |
---|
1587 | | - | |
---|
1588 | | - | (b) Not later than October 1, 2024, and annually thereafter, the 1318 |
---|
1589 | | - | commissioner shall submit a report concerning (1) the program, 1319 |
---|
1590 | | - | including an analysis of the effectiveness of the program in recruiting 1320 |
---|
1591 | | - | owners of rental real property to accept vouchers, certificates and any 1321 |
---|
1592 | | - | other rental payment subsidies, and (2) the commissioner's 1322 |
---|
1593 | | - | recommendations concerning the program to the joint standing 1323 |
---|
1594 | | - | committee of the General Assembly having cognizance of matters 1324 |
---|
1595 | | - | relating to housing, in accordance with the provisions of section 11-4a 1325 |
---|
1596 | | - | of the general statutes. 1326 |
---|
1597 | | - | Sec. 30. (Effective from passage) (a) The Commissioner of Housing shall, 1327 |
---|
1598 | | - | within available appropriations, conduct a study on methods to 1328 |
---|
1599 | | - | improve the efficiency of processing applications for the rental 1329 |
---|
1600 | | - | assistance program. In conducting the study, the commissioner shall 1330 |
---|
1601 | | - | consider the following: 1331 |
---|
1602 | | - | (1) An analysis of the current processing time for rental assistance 1332 |
---|
1603 | | - | applications, including, but not limited to, relevant inspection timelines; 1333 |
---|
1604 | | - | (2) An assessment of the current application process, including any 1334 |
---|
1605 | | - | barriers or challenges to applicants or rental real property owners; 1335 |
---|
1606 | | - | (3) Recommendations for improving the efficiency of the application 1336 |
---|
1607 | | - | process, including the use of technology and alternative processing 1337 |
---|
1608 | | - | methods; and 1338 |
---|
1609 | | - | (4) An estimate of the cost associated with implementing any 1339 |
---|
1610 | | - | recommended improvements. 1340 |
---|
1611 | | - | (b) Not later than January 1, 2024, the commissioner shall submit a 1341 |
---|
1612 | | - | report on the commissioner's findings and recommendations to the joint 1342 |
---|
1613 | | - | standing committee of the General Assembly having cognizance of 1343 |
---|
1614 | | - | matters relating to housing, in accordance with the provisions of section 1344 |
---|
1615 | | - | 11-4a of the general statutes. The report shall include the findings of the 1345 |
---|
1616 | | - | commissioner and the commissioner's recommendations for improving 1346 |
---|
1617 | | - | the efficiency of processing applications for the rental assistance 1347 |
---|
1618 | | - | program. 1348 Substitute Bill No. 6781 |
---|
1619 | | - | |
---|
1620 | | - | |
---|
1621 | | - | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2023HB-06781- |
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1623 | | - | 44 of 60 |
---|
1624 | | - | |
---|
1625 | | - | Sec. 31. Section 8-345 of the general statutes is repealed and the 1349 |
---|
1626 | | - | following is substituted in lieu thereof (Effective October 1, 2023): 1350 |
---|
1627 | | - | (a) The Commissioner of Housing shall implement and administer a 1351 |
---|
1628 | | - | program of rental assistance for low-income families living in privately-1352 |
---|
1629 | | - | owned rental housing. For the purposes of this section, a low-income 1353 |
---|
1630 | | - | family is one whose income does not exceed fifty per cent of the median 1354 |
---|
1631 | | - | family income for the area of the state in which such family lives, as 1355 |
---|
1632 | | - | determined by the commissioner. 1356 |
---|
1633 | | - | (b) Housing eligible for participation in the program shall comply 1357 |
---|
1634 | | - | with applicable state and local health, housing, building and safety 1358 |
---|
1635 | | - | codes. 1359 |
---|
1636 | | - | (c) In addition to an element in which rental assistance certificates are 1360 |
---|
1637 | | - | made available to qualified tenants, to be used in eligible housing which 1361 |
---|
1638 | | - | such tenants are able to locate, the program may include a housing 1362 |
---|
1639 | | - | support element in which rental assistance for tenants is linked to 1363 |
---|
1640 | | - | participation by the property owner in other municipal, state or federal 1364 |
---|
1641 | | - | housing repair, rehabilitation or financing programs. The commissioner 1365 |
---|
1642 | | - | shall use rental assistance under this section so as to encourage the 1366 |
---|
1643 | | - | preservation of existing housing and the revitalization o f 1367 |
---|
1644 | | - | neighborhoods or the creation of additional rental housing. 1368 |
---|
1645 | | - | (d) The commissioner may designate a portion of the rental assistance 1369 |
---|
1646 | | - | available under the program for tenant-based and project-based 1370 |
---|
1647 | | - | supportive housing units. To the extent practicable rental assistance for 1371 |
---|
1648 | | - | supportive housing shall adhere to the requirements of the federal 1372 |
---|
1649 | | - | Housing Choice Voucher Program, 42 USC 1437f(o), relative to 1373 |
---|
1650 | | - | calculating the tenant's share of the rent to be paid. 1374 |
---|
1651 | | - | (e) The commissioner shall administer the program under this section 1375 |
---|
1652 | | - | to promote housing choice for certificate holders and encourage racial 1376 |
---|
1653 | | - | and economic integration. The commissioner shall affirmatively seek to 1377 |
---|
1654 | | - | expend all funds appropriated for the program on an annual basis. The 1378 |
---|
1655 | | - | commissioner shall establish maximum rent levels for each municipality 1379 Substitute Bill No. 6781 |
---|
1656 | | - | |
---|
1657 | | - | |
---|
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1660 | | - | 45 of 60 |
---|
1661 | | - | |
---|
1662 | | - | in a manner that promotes the use of the program in all municipalities. 1380 |
---|
1663 | | - | Any certificate issued pursuant to this section may be used for housing 1381 |
---|
1664 | | - | in any municipality in the state. The commissioner shall inform 1382 |
---|
1665 | | - | certificate holders that a certificate may be used in any municipality and, 1383 |
---|
1666 | | - | to the extent practicable, the commissioner shall assist certificate holders 1384 |
---|
1667 | | - | in finding housing in the municipality of their choice. 1385 |
---|
1668 | | - | (f) Nothing in this section shall give any person a right to continued 1386 |
---|
1669 | | - | receipt of rental assistance at any time that the program is not funded. 1387 |
---|
1670 | | - | (g) The commissioner shall adopt regulations in accordance with the 1388 |
---|
1671 | | - | provisions of chapter 54 to carry out the purposes of this section. The 1389 |
---|
1672 | | - | regulations shall establish maximum income eligibility guidelines for 1390 |
---|
1673 | | - | such rental assistance and criteria for determining the amount of rental 1391 |
---|
1674 | | - | assistance which shall be provided to eligible families. 1392 |
---|
1675 | | - | (h) Any person aggrieved by a decision of the commissioner or the 1393 |
---|
1676 | | - | commissioner's agent pursuant to the program under this section shall 1394 |
---|
1677 | | - | have the right to a hearing in accordance with the provisions of section 1395 |
---|
1678 | | - | 8-37gg. 1396 |
---|
1679 | | - | Sec. 32. (NEW) (Effective July 1, 2023) (a) As used in this section: 1397 |
---|
1680 | | - | (1) "Landlord" has the same meaning as provided in section 47a-1 of 1398 |
---|
1681 | | - | the general statutes, as amended by this act; 1399 |
---|
1682 | | - | (2) "Dwelling unit" has the same meaning as provided in section 47a-1400 |
---|
1683 | | - | 1 of the general statutes, as amended by this act; 1401 |
---|
1684 | | - | (3) "Program-eligible tenant" means any person or family who is the 1402 |
---|
1685 | | - | recipient of (A) a rental assistance program certificate issued by the 1403 |
---|
1686 | | - | state, (B) a voucher issued under the federal Housing Choice Voucher 1404 |
---|
1687 | | - | program, or (C) any other form of rental subsidy from the state; and 1405 |
---|
1688 | | - | (4) "Eligible expenses" means (A) lost rent incurred while holding a 1406 |
---|
1689 | | - | dwelling unit for a program-eligible tenant while such tenant seeks any 1407 |
---|
1690 | | - | necessary approval from the state rental assistance program, federal 1408 Substitute Bill No. 6781 |
---|
1691 | | - | |
---|
1692 | | - | |
---|
1693 | | - | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2023HB-06781- |
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1695 | | - | 46 of 60 |
---|
1696 | | - | |
---|
1697 | | - | Housing Choice Voucher program or any other state rental subsidy 1409 |
---|
1698 | | - | provider concerning such tenant's prospective tenancy, up to a 1410 |
---|
1699 | | - | maximum of two months' rent, (B) lost rent incurred due to a vacancy 1411 |
---|
1700 | | - | caused by an inspection required pursuant to subsection (c) of this 1412 |
---|
1701 | | - | section and the cost of any required repairs deemed necessary pursuant 1413 |
---|
1702 | | - | to such inspection up to a maximum of one month's rent, (C) the cost to 1414 |
---|
1703 | | - | repair damages caused by a program-eligible tenant exceeding normal 1415 |
---|
1704 | | - | wear and tear up to a maximum of one month's rent, and (D) lost rent 1416 |
---|
1705 | | - | associated with early termination of the lease by a program-eligible 1417 |
---|
1706 | | - | tenant up to a maximum of one month's rent. 1418 |
---|
1707 | | - | (b) The Commissioner of Housing shall establish a landlord relief 1419 |
---|
1708 | | - | pilot program designed to provide financial assistance to any eligible 1420 |
---|
1709 | | - | landlord in the state for eligible expenses such landlord may incur in the 1421 |
---|
1710 | | - | process of renting or seeking to rent a dwelling unit to a program-1422 |
---|
1711 | | - | eligible tenant. Such financial assistance shall be limited to five 1423 |
---|
1712 | | - | thousand dollars per tenancy, or ten thousand dollars per dwelling unit, 1424 |
---|
1713 | | - | whichever is less, and shall be prorated based on the time between the 1425 |
---|
1714 | | - | program-eligible tenant's application for the dwelling unit and the date 1426 |
---|
1715 | | - | upon which such tenant commences a tenancy in the dwelling unit. 1427 |
---|
1716 | | - | (c) On and after December 1, 2023, the commissioner shall accept 1428 |
---|
1717 | | - | applications, in a form to be specified by the commissioner, from any 1429 |
---|
1718 | | - | landlord for financial assistance under the pilot program. The 1430 |
---|
1719 | | - | commissioner shall establish inspection criteria for any dwelling unit of 1431 |
---|
1720 | | - | a landlord applying for participation in the pilot program. Such 1432 |
---|
1721 | | - | inspection criteria shall require regular inspections of any dwelling unit 1433 |
---|
1722 | | - | of a landlord participating in the pilot program. The commissioner may 1434 |
---|
1723 | | - | adopt additional eligibility criteria for landlords based on the amount of 1435 |
---|
1724 | | - | rent charged by a landlord and any other criteria the commissioner 1436 |
---|
1725 | | - | deems appropriate for the administration of the pilot program. 1437 |
---|
1726 | | - | (d) On or before December 1, 2024, and annually thereafter until 1438 |
---|
1727 | | - | December 31, 2026, the commissioner shall submit a report, in 1439 |
---|
1728 | | - | accordance with the provisions of section 11-4a of the general statutes, 1440 |
---|
1729 | | - | to the joint standing committee of the General Assembly having 1441 Substitute Bill No. 6781 |
---|
1730 | | - | |
---|
1731 | | - | |
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1734 | | - | 47 of 60 |
---|
1735 | | - | |
---|
1736 | | - | cognizance of matters relating to housing (1) analyzing the success of 1442 |
---|
1737 | | - | the pilot program in increasing the number of program-eligible tenants 1443 |
---|
1738 | | - | obtaining tenancy in the state, and (2) recommending whether a 1444 |
---|
1739 | | - | permanent program should be established in the state and, if so, any 1445 |
---|
1740 | | - | proposed legislation for such program. 1446 |
---|
1741 | | - | (e) The pilot program established pursuant to this section shall 1447 |
---|
1742 | | - | terminate on December 31, 2026. 1448 |
---|
1743 | | - | Sec. 33. (NEW) (Effective January 1, 2024, and applicable to any summary 1449 |
---|
1744 | | - | process action disposed of before or after such date) (a) In any summary 1450 |
---|
1745 | | - | process action instituted pursuant to chapter 832 or 412 of the general 1451 |
---|
1746 | | - | statutes, not more than thirty days after (1) the withdrawal of such 1452 |
---|
1747 | | - | action, (2) a judgment of dismissal or nonsuit of such action upon any 1453 |
---|
1748 | | - | grounds, or (3) a final disposition of such action that includes a 1454 |
---|
1749 | | - | judgment for the defendant, the Judicial Branch shall remove from its 1455 |
---|
1750 | | - | Internet web site any record or identifying information concerning such 1456 |
---|
1751 | | - | summary process action. 1457 |
---|
1752 | | - | (b) In any summary process action instituted pursuant to chapter 832 1458 |
---|
1753 | | - | or 412 of the general statutes, not later than two years after the entry of 1459 |
---|
1754 | | - | a judgment for the plaintiff, the Judicial Branch shall remove from its 1460 |
---|
1755 | | - | Internet web site any record or identifying information concerning such 1461 |
---|
1756 | | - | summary process action, except that any such record or identifying 1462 |
---|
1757 | | - | information may be removed from the Judicial Branch Internet web site 1463 |
---|
1758 | | - | at an earlier date upon order of the court. 1464 |
---|
1759 | | - | (c) If there is any activity in a case that has had any record or 1465 |
---|
1760 | | - | identifying information associated with such case removed pursuant to 1466 |
---|
1761 | | - | subsection (a) or (b) of this section, or if a case continues beyond the date 1467 |
---|
1762 | | - | upon which any such record or information is required to be removed 1468 |
---|
1763 | | - | pursuant to subsection (a) or (b) of this section because of an appeal, the 1469 |
---|
1764 | | - | Judicial Branch shall restore the case to, or retain the case on, the Judicial 1470 |
---|
1765 | | - | Branch Internet web site, together with any such record and information 1471 |
---|
1766 | | - | associated with such case. For any record and identifying information 1472 |
---|
1767 | | - | restored or retained on the Judicial Branch Internet web site pursuant to 1473 Substitute Bill No. 6781 |
---|
1768 | | - | |
---|
1769 | | - | |
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1772 | | - | 48 of 60 |
---|
1773 | | - | |
---|
1774 | | - | this subsection, any such record or information shall remain on such 1474 |
---|
1775 | | - | web site for thirty days after the final disposition of the associated case, 1475 |
---|
1776 | | - | or for the applicable time period from the original disposition specified 1476 |
---|
1777 | | - | in subsection (a) or (b) of this section, whichever is later. 1477 |
---|
1778 | | - | (d) Any record or identifying information concerning any summary 1478 |
---|
1779 | | - | process action that has been removed from the Judicial Branch Internet 1479 |
---|
1780 | | - | web site pursuant to this section shall not be included in any sale or 1480 |
---|
1781 | | - | transfer of bulk case records by the Judicial Branch to any person or 1481 |
---|
1782 | | - | entity purchasing such records for any commercial purpose. 1482 |
---|
1783 | | - | (e) No person or entity shall, for any commercial purpose, disclose 1483 |
---|
1784 | | - | any record or identifying information concerning any summary process 1484 |
---|
1785 | | - | action that has been removed from the Judicial Branch Internet web site 1485 |
---|
1786 | | - | pursuant to subsections (a) and (b) of this section. As used in this 1486 |
---|
1787 | | - | section, "commercial purpose" means (1) the individual or bulk sale of 1487 |
---|
1788 | | - | any record or identifying information concerning any summary process 1488 |
---|
1789 | | - | action, (2) the making of consumer reports containing any such record 1489 |
---|
1790 | | - | or information, (3) any use related to screening any prospective tenant 1490 |
---|
1791 | | - | to determine the suitability of such prospective tenant, and (4) any other 1491 |
---|
1792 | | - | use of any such record or information for pecuniary gain, but does not 1492 |
---|
1793 | | - | include the use of any such record or information for governmental, 1493 |
---|
1794 | | - | scholarly, educational, journalistic or any other noncommercial 1494 |
---|
1795 | | - | purpose. 1495 |
---|
1796 | | - | (f) Nothing in this section shall preclude the publication of any formal 1496 |
---|
1797 | | - | written judicial opinion by the Judicial Branch or by any case reporting 1497 |
---|
1798 | | - | service. 1498 |
---|
1799 | | - | Sec. 34. Section 12-494 of the general statutes is repealed and the 1499 |
---|
1800 | | - | following is substituted in lieu thereof (Effective July 1, 2023): 1500 |
---|
1801 | | - | (a) There is imposed a tax on each deed, instrument or writing, 1501 |
---|
1802 | | - | whereby any lands, tenements or other realty is granted, assigned, 1502 |
---|
1803 | | - | transferred or otherwise conveyed to, or vested in, the purchaser, or any 1503 |
---|
1804 | | - | other person by such purchaser's direction, when the consideration for 1504 Substitute Bill No. 6781 |
---|
1805 | | - | |
---|
1806 | | - | |
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1809 | | - | 49 of 60 |
---|
1810 | | - | |
---|
1811 | | - | the interest or property conveyed equals or exceeds two thousand 1505 |
---|
1812 | | - | dollars: 1506 |
---|
1813 | | - | (1) Subject to the provisions of [subsection] subsections (b) and (c) of 1507 |
---|
1814 | | - | this section, at the rate of three-quarters of one per cent of the 1508 |
---|
1815 | | - | consideration for the interest in real property conveyed by such deed, 1509 |
---|
1816 | | - | instrument or writing, the revenue from which shall be remitted by the 1510 |
---|
1817 | | - | town clerk of the municipality in which such tax is paid, not later than 1511 |
---|
1818 | | - | ten days following receipt thereof, to the Commissioner of Revenue 1512 |
---|
1819 | | - | Services for deposit to the credit of the state General Fund, except as 1513 |
---|
1820 | | - | provided in subsection (e) of this section; and 1514 |
---|
1821 | | - | (2) At the rate of one-fourth of one per cent of the consideration for 1515 |
---|
1822 | | - | the interest in real property conveyed by such deed, instrument or 1516 |
---|
1823 | | - | writing, provided the amount imposed under this subdivision shall 1517 |
---|
1824 | | - | become part of the general revenue of the municipality in accordance 1518 |
---|
1825 | | - | with section 12-499. 1519 |
---|
1826 | | - | (b) The rate of tax imposed under subdivision (1) of subsection (a) of 1520 |
---|
1827 | | - | this section shall, in lieu of the rate under said subdivision (1), be 1521 |
---|
1828 | | - | imposed on certain conveyances as follows: 1522 |
---|
1829 | | - | (1) In the case of any conveyance of real property which at the time 1523 |
---|
1830 | | - | of such conveyance is used for any purpose other than residential use, 1524 |
---|
1831 | | - | except unimproved land, the tax under said subdivision (1) shall be 1525 |
---|
1832 | | - | imposed at the rate of one and one-quarter per cent of the consideration 1526 |
---|
1833 | | - | for the interest in real property conveyed; 1527 |
---|
1834 | | - | (2) [In] Except as provided in subsection (c) of this section, in the case 1528 |
---|
1835 | | - | of any conveyance in which the real property conveyed is a residential 1529 |
---|
1836 | | - | estate, including a primary dwelling and any auxiliary housing or 1530 |
---|
1837 | | - | structures, regardless of the number of deeds, instruments or writings 1531 |
---|
1838 | | - | used to convey such residential real estate, for which the consideration 1532 |
---|
1839 | | - | or aggregate consideration, as the case may be, in such conveyance is 1533 |
---|
1840 | | - | eight hundred thousand dollars or more, the tax under said subdivision 1534 |
---|
1841 | | - | (1) shall be imposed: 1535 Substitute Bill No. 6781 |
---|
1842 | | - | |
---|
1843 | | - | |
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1846 | | - | 50 of 60 |
---|
1847 | | - | |
---|
1848 | | - | (A) At the rate of three-quarters of one per cent on that portion of 1536 |
---|
1849 | | - | such consideration up to and including the amount of eight hundred 1537 |
---|
1850 | | - | thousand dollars; 1538 |
---|
1851 | | - | (B) Prior to July 1, 2020, at the rate of one and one-quarter per cent on 1539 |
---|
1852 | | - | that portion of such consideration in excess of eight hundred thousand 1540 |
---|
1853 | | - | dollars; and 1541 |
---|
1854 | | - | (C) On and after July 1, 2020, (i) at the rate of one and one-quarter per 1542 |
---|
1855 | | - | cent on that portion of such consideration in excess of eight hundred 1543 |
---|
1856 | | - | thousand dollars up to and including the amount of two million five 1544 |
---|
1857 | | - | hundred thousand dollars, and (ii) at the rate of two and one-quarter 1545 |
---|
1858 | | - | per cent on that portion of such consideration in excess of two million 1546 |
---|
1859 | | - | five hundred thousand dollars; and 1547 |
---|
1860 | | - | (3) In the case of any conveyance in which real property on which 1548 |
---|
1861 | | - | mortgage payments have been delinquent for not less than six months 1549 |
---|
1862 | | - | is conveyed to a financial institution or its subsidiary that holds such a 1550 |
---|
1863 | | - | delinquent mortgage on such property, the tax under said subdivision 1551 |
---|
1864 | | - | (1) shall be imposed at the rate of three-quarters of one per cent of the 1552 |
---|
1865 | | - | consideration for the interest in real property conveyed. For the 1553 |
---|
1866 | | - | purposes of subdivision (1) of this subsection, "unimproved land" 1554 |
---|
1867 | | - | includes land designated as farm, forest or open space land. 1555 |
---|
1868 | | - | (c) On and after July 1, 2023, for a purchaser that is a business entity 1556 |
---|
1869 | | - | other than a sole proprietorship, limited liability company or limited 1557 |
---|
1870 | | - | liability partnership, in the case of any conveyance in which the real 1558 |
---|
1871 | | - | property conveyed is a residential estate, including a primary dwelling 1559 |
---|
1872 | | - | and any auxiliary housing or structures, regardless of the number of 1560 |
---|
1873 | | - | deeds, instruments or writings used to convey such residential real 1561 |
---|
1874 | | - | estate, the rate of tax shall, in lieu of the rate under subdivision (1) of 1562 |
---|
1875 | | - | subsection (a) of this section or subdivision (2) of subsection (b) of this 1563 |
---|
1876 | | - | section, be imposed: 1564 |
---|
1877 | | - | (1) At the rate of one per cent on that portion of such consideration 1565 |
---|
1878 | | - | up to and including the amount of eight hundred thousand dollars; 1566 Substitute Bill No. 6781 |
---|
1879 | | - | |
---|
1880 | | - | |
---|
1881 | | - | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2023HB-06781- |
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1883 | | - | 51 of 60 |
---|
1884 | | - | |
---|
1885 | | - | (2) At the rate of one and one-half per cent on that portion of such 1567 |
---|
1886 | | - | consideration in excess of eight hundred thousand dollars up to and 1568 |
---|
1887 | | - | including the amount of two million five hundred thousand dollars; and 1569 |
---|
1888 | | - | (3) At the rate of two and one-half per cent on that portion of such 1570 |
---|
1889 | | - | consideration in excess of two million five hundred thousand dollars. 1571 |
---|
1890 | | - | [(c)] (d) In addition to the tax imposed under subsection (a) of this 1572 |
---|
1891 | | - | section, any targeted investment community, as defined in section 32-1573 |
---|
1892 | | - | 222, or any municipality in which properties designated as 1574 |
---|
1893 | | - | manufacturing plants under section 32-75c are located, may, on or after 1575 |
---|
1894 | | - | March 15, 2003, impose an additional tax on each deed, instrument or 1576 |
---|
1895 | | - | writing, whereby any lands, tenements or other realty is granted, 1577 |
---|
1896 | | - | assigned, transferred or otherwise conveyed to, or vested in, the 1578 |
---|
1897 | | - | purchaser, or any other person by [his] such purchaser's direction, when 1579 |
---|
1898 | | - | the consideration for the interest or property conveyed equals or 1580 |
---|
1899 | | - | exceeds two thousand dollars, which additional tax shall be at a rate of 1581 |
---|
1900 | | - | up to one-fourth of one per cent of the consideration for the interest in 1582 |
---|
1901 | | - | real property conveyed by such deed, instrument or writing. The 1583 |
---|
1902 | | - | revenue from such additional tax shall become part of the general 1584 |
---|
1903 | | - | revenue of the municipality in accordance with section 12-499. 1585 |
---|
1904 | | - | (e) On and after July 1, 2023, the Comptroller shall transfer from the 1586 |
---|
1905 | | - | General Fund to the Housing Trust Fund established under section 8-1587 |
---|
1906 | | - | 336o, as amended by this act, any revenue received by the state each 1588 |
---|
1907 | | - | fiscal year in excess of one hundred eighty million dollars from the tax 1589 |
---|
1908 | | - | imposed under subdivision (1) of subsection (a) and subsections (b) and 1590 |
---|
1909 | | - | (c) of this section. On and after July 1, 2024, the threshold amount shall 1591 |
---|
1910 | | - | be adjusted annually by the percentage increase in inflation. As used in 1592 |
---|
1911 | | - | this subdivision, "increase in inflation" means the increase in the 1593 |
---|
1912 | | - | consumer price index for all urban consumers during the preceding 1594 |
---|
1913 | | - | calendar year, calculated on a December over December basis, using 1595 |
---|
1914 | | - | data reported by the United States Bureau of Labor Statistics. 1596 |
---|
1915 | | - | Sec. 35. Section 12-498 of the general statutes is repealed and the 1597 |
---|
1916 | | - | following is substituted in lieu thereof (Effective July 1, 2023): 1598 Substitute Bill No. 6781 |
---|
1917 | | - | |
---|
1918 | | - | |
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1919 | | - | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2023HB-06781- |
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1921 | | - | 52 of 60 |
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1922 | | - | |
---|
1923 | | - | (a) The tax imposed by section 12-494, as amended by this act, shall 1599 |
---|
1924 | | - | not apply to: 1600 |
---|
1925 | | - | (1) Deeds [which] that this state is prohibited from taxing under the 1601 |
---|
1926 | | - | Constitution or laws of the United States; 1602 |
---|
1927 | | - | (2) Deeds [which] that secure a debt or other obligation; 1603 |
---|
1928 | | - | (3) Deeds to which this state or any of its political subdivisions or its 1604 |
---|
1929 | | - | or their respective agencies is a party; 1605 |
---|
1930 | | - | (4) Tax deeds; 1606 |
---|
1931 | | - | (5) Deeds of release of property [which] that is security for a debt or 1607 |
---|
1932 | | - | other obligation; 1608 |
---|
1933 | | - | (6) Deeds of partition; 1609 |
---|
1934 | | - | (7) Deeds made pursuant to mergers of corporations; 1610 |
---|
1935 | | - | (8) Deeds made by a subsidiary corporation to its parent corporation 1611 |
---|
1936 | | - | for no consideration other than the cancellation or surrender of the 1612 |
---|
1937 | | - | subsidiary's stock; 1613 |
---|
1938 | | - | (9) Deeds made pursuant to a decree of the Superior Court under 1614 |
---|
1939 | | - | section 46b-81, 49-24 or 52-495 or pursuant to a judgment of foreclosure 1615 |
---|
1940 | | - | by market sale under section 49-24 or pursuant to a judgment of loss 1616 |
---|
1941 | | - | mitigation under section 49-30t or 49-30u; 1617 |
---|
1942 | | - | (10) Deeds, when the consideration for the interest or property 1618 |
---|
1943 | | - | conveyed is less than two thousand dollars; 1619 |
---|
1944 | | - | (11) Deeds between affiliated corporations, provided both of such 1620 |
---|
1945 | | - | corporations are exempt from taxation pursuant to paragraph (2), (3) or 1621 |
---|
1946 | | - | (25) of Section 501(c) of the Internal Revenue Code of 1986, or any 1622 |
---|
1947 | | - | subsequent corresponding internal revenue code of the United States, 1623 |
---|
1948 | | - | as amended from time to time; 1624 Substitute Bill No. 6781 |
---|
1949 | | - | |
---|
1950 | | - | |
---|
1951 | | - | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2023HB-06781- |
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1953 | | - | 53 of 60 |
---|
1954 | | - | |
---|
1955 | | - | (12) Deeds made by a corporation [which] that is exempt from 1625 |
---|
1956 | | - | taxation pursuant to paragraph (3) of Section 501(c) of the Internal 1626 |
---|
1957 | | - | Revenue Code of 1986, or any subsequent corresponding internal 1627 |
---|
1958 | | - | revenue code of the United States, as amended from time to time, to any 1628 |
---|
1959 | | - | corporation which is exempt from taxation pursuant to said paragraph 1629 |
---|
1960 | | - | (3) of said Section 501(c); 1630 |
---|
1961 | | - | (13) Deeds made to any nonprofit organization [which] that is 1631 |
---|
1962 | | - | organized for the purpose of holding undeveloped land in trust for 1632 |
---|
1963 | | - | conservation or recreation purposes; 1633 |
---|
1964 | | - | (14) Deeds between spouses; 1634 |
---|
1965 | | - | (15) Deeds of property for the Adriaen's Landing site or the stadium 1635 |
---|
1966 | | - | facility site, for purposes of the overall project, each as defined in section 1636 |
---|
1967 | | - | 32-651; 1637 |
---|
1968 | | - | (16) Land transfers made on or after July 1, 1998, to a water company, 1638 |
---|
1969 | | - | as defined in section 16-1, provided the land is classified as class I or 1639 |
---|
1970 | | - | class II land, as defined in section 25-37c, after such transfer; 1640 |
---|
1971 | | - | (17) Transfers or conveyances to effectuate a mere change of identity 1641 |
---|
1972 | | - | or form of ownership or organization, where there is no change in 1642 |
---|
1973 | | - | beneficial ownership; 1643 |
---|
1974 | | - | (18) Conveyances of residential property [which] that occur not later 1644 |
---|
1975 | | - | than six months after the date on which the property was previously 1645 |
---|
1976 | | - | conveyed to the transferor if the transferor is (A) an employer [which] 1646 |
---|
1977 | | - | that acquired the property from an employee pursuant to an employee 1647 |
---|
1978 | | - | relocation plan, or (B) an entity in the business of purchasing and selling 1648 |
---|
1979 | | - | residential property of employees who are being relocated pursuant to 1649 |
---|
1980 | | - | such a plan; 1650 |
---|
1981 | | - | (19) Deeds in lieu of foreclosure that transfer the transferor's principal 1651 |
---|
1982 | | - | residence; 1652 |
---|
1983 | | - | (20) Any instrument that transfers the transferor's principal residence 1653 Substitute Bill No. 6781 |
---|
1984 | | - | |
---|
1985 | | - | |
---|
1986 | | - | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2023HB-06781- |
---|
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---|
1988 | | - | 54 of 60 |
---|
1989 | | - | |
---|
1990 | | - | where the gross purchase price is insufficient to pay the sum of (A) 1654 |
---|
1991 | | - | mortgages encumbering the property transferred, and (B) any real 1655 |
---|
1992 | | - | property taxes and municipal utility or other charges for which the 1656 |
---|
1993 | | - | municipality may place a lien on the property and [which] that have 1657 |
---|
1994 | | - | priority over the mortgages encumbering the property transferred; 1658 |
---|
1995 | | - | [and] 1659 |
---|
1996 | | - | (21) Deeds that transfer the transferor's principal residence, where 1660 |
---|
1997 | | - | such residence has a concrete foundation that has deteriorated due to 1661 |
---|
1998 | | - | the presence of pyrrhotite and such transferor has obtained a written 1662 |
---|
1999 | | - | evaluation from a professional engineer licensed pursuant to chapter 1663 |
---|
2000 | | - | 391 indicating that the foundation of such residence was made with 1664 |
---|
2001 | | - | defective concrete. The exemption authorized under this subdivision 1665 |
---|
2002 | | - | shall (A) apply to the first transfer of such residence after such written 1666 |
---|
2003 | | - | evaluation has been obtained, and (B) not be available to a transferor 1667 |
---|
2004 | | - | who has received financial assistance to repair or replace such 1668 |
---|
2005 | | - | foundation from the Crumbling Foundations Assistance Fund 1669 |
---|
2006 | | - | established under section 8-441; and 1670 |
---|
2007 | | - | (22) Deeds of property with dwelling units where all such units are 1671 |
---|
2008 | | - | deed restricted as affordable housing, as defined in section 8-39a. For 1672 |
---|
2009 | | - | deeds of property with dwelling units where a portion of such units are 1673 |
---|
2010 | | - | subject to such deed restrictions, the exemption authorized under this 1674 |
---|
2011 | | - | subdivision shall apply only with respect to the dwelling units subject 1675 |
---|
2012 | | - | to such deed restrictions and such exemption shall be reduced 1676 |
---|
2013 | | - | proportionally based on the number of units not subject to such deed 1677 |
---|
2014 | | - | restrictions. 1678 |
---|
2015 | | - | (b) The tax imposed by subdivision (1) of subsection (a) of section 12-1679 |
---|
2016 | | - | 494, as amended by this act, shall not apply to: 1680 |
---|
2017 | | - | (1) Deeds of the principal residence of any person approved for 1681 |
---|
2018 | | - | assistance under section 12-129b or 12-170aa for the current assessment 1682 |
---|
2019 | | - | year of the municipality in which such person resides or to any such 1683 |
---|
2020 | | - | transfer [which] that occurs within fifteen months of the completion of 1684 |
---|
2021 | | - | any municipal assessment year for which such person qualified for such 1685 Substitute Bill No. 6781 |
---|
2022 | | - | |
---|
2023 | | - | |
---|
2024 | | - | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2023HB-06781- |
---|
2025 | | - | R01-HB.docx } |
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2026 | | - | 55 of 60 |
---|
2027 | | - | |
---|
2028 | | - | assistance; 1686 |
---|
2029 | | - | (2) Deeds of property located in an area designated as an enterprise 1687 |
---|
2030 | | - | zone in accordance with section 32-70; and 1688 |
---|
2031 | | - | (3) Deeds of property located in an entertainment district designated 1689 |
---|
2032 | | - | under section 32-76 or established under section 2 of public act 93-311. 1690 |
---|
2033 | | - | Sec. 36. Section 8-336o of the general statutes is repealed and the 1691 |
---|
2034 | | - | following is substituted in lieu thereof (Effective July 1, 2023): 1692 |
---|
2035 | | - | (a) There is established the "Housing Trust Fund" which shall be a 1693 |
---|
2036 | | - | nonlapsing fund held by the Treasurer separate and apart from all other 1694 |
---|
2037 | | - | moneys, funds and accounts. The following funds shall be deposited in 1695 |
---|
2038 | | - | the fund in addition to any moneys required by law to be deposited in 1696 |
---|
2039 | | - | the fund: (1) Proceeds of bonds authorized by section 8-336n and section 1697 |
---|
2040 | | - | 37 of this act; (2) all moneys received in return for financial assistance 1698 |
---|
2041 | | - | awarded from the Housing Trust Fund pursuant to the Housing Trust 1699 |
---|
2042 | | - | Fund program established under section 8-336p; (3) all private 1700 |
---|
2043 | | - | contributions received pursuant to section 8-336p; and (4) to the extent 1701 |
---|
2044 | | - | not otherwise prohibited by state or federal law, any local, state or 1702 |
---|
2045 | | - | federal funds received pursuant to section 8-336p. Investment earnings 1703 |
---|
2046 | | - | credited to the assets of said fund shall become part of the assets of said 1704 |
---|
2047 | | - | fund. The Treasurer shall invest the moneys held by the Housing Trust 1705 |
---|
2048 | | - | Fund subject to use for financial assistance under the Housing Trust 1706 |
---|
2049 | | - | Fund program. 1707 |
---|
2050 | | - | (b) Any moneys held in the Housing Trust Fund may, pending the 1708 |
---|
2051 | | - | use or application of the proceeds thereof for an authorized purpose, be 1709 |
---|
2052 | | - | (1) invested and reinvested in such obligations, securities and 1710 |
---|
2053 | | - | investments as are set forth in subsection (f) of section 3-20, in 1711 |
---|
2054 | | - | participation certificates in the Short Term Investment Fund created 1712 |
---|
2055 | | - | under sections 3-27a and 3-27f and in participation certificates or 1713 |
---|
2056 | | - | securities of the Tax-Exempt Proceeds Fund created under section 3-24a, 1714 |
---|
2057 | | - | (2) deposited or redeposited in such bank or banks at the direction of 1715 |
---|
2058 | | - | the Treasurer, or (3) invested in participation units in the combined 1716 Substitute Bill No. 6781 |
---|
2059 | | - | |
---|
2060 | | - | |
---|
2061 | | - | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2023HB-06781- |
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2062 | | - | R01-HB.docx } |
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2063 | | - | 56 of 60 |
---|
2064 | | - | |
---|
2065 | | - | investment funds, as defined in section 3-31b. Unless otherwise 1717 |
---|
2066 | | - | provided pursuant to subsection (c) of this section, proceeds from 1718 |
---|
2067 | | - | investments authorized by this subsection shall be credited to the 1719 |
---|
2068 | | - | Housing Trust Fund. 1720 |
---|
2069 | | - | (c) The moneys of the Housing Trust Fund shall be used to fund the 1721 |
---|
2070 | | - | Housing Trust Fund program established under section 8-336p and for 1722 |
---|
2071 | | - | the purposes set forth in subsection (b) of section 37 of this act, and are 1723 |
---|
2072 | | - | in addition to any other resources available from state, federal or other 1724 |
---|
2073 | | - | entities that support the program goals established in [said] section 8-1725 |
---|
2074 | | - | 336p. 1726 |
---|
2075 | | - | Sec. 37. (NEW) (Effective July 1, 2023) (a) For the purposes described 1727 |
---|
2076 | | - | in subsection (b) of this section, the State Bond Commission shall have 1728 |
---|
2077 | | - | the power from time to time to authorize the issuance of bonds of the 1729 |
---|
2078 | | - | state in one or more series and in principal amounts not exceeding in 1730 |
---|
2079 | | - | the aggregate seventy-five million dollars. 1731 |
---|
2080 | | - | (b) The proceeds of the sale of such bonds, to the extent of the amount 1732 |
---|
2081 | | - | stated in subsection (a) of this section, shall be used by the Department 1733 |
---|
2082 | | - | of Housing for the purpose of providing grants-in-aid for construction 1734 |
---|
2083 | | - | and renovation costs for the conversion of hotels, malls and office 1735 |
---|
2084 | | - | buildings to multifamily dwellings in nondistressed municipalities. 1736 |
---|
2085 | | - | (c) All provisions of section 3-20 of the general statutes, or the exercise 1737 |
---|
2086 | | - | of any right or power granted thereby, that are not inconsistent with the 1738 |
---|
2087 | | - | provisions of this section are hereby adopted and shall apply to all 1739 |
---|
2088 | | - | bonds authorized by the State Bond Commission pursuant to this 1740 |
---|
2089 | | - | section. Temporary notes in anticipation of the money to be derived 1741 |
---|
2090 | | - | from the sale of any such bonds so authorized may be issued in 1742 |
---|
2091 | | - | accordance with section 3-20 of the general statutes and from time to 1743 |
---|
2092 | | - | time renewed. Such bonds shall mature at such time or times not 1744 |
---|
2093 | | - | exceeding twenty years from their respective dates as may be provided 1745 |
---|
2094 | | - | in or pursuant to the resolution or resolutions of the State Bond 1746 |
---|
2095 | | - | Commission authorizing such bonds. None of such bonds shall be 1747 |
---|
2096 | | - | authorized except upon a finding by the State Bond Commission that 1748 Substitute Bill No. 6781 |
---|
2097 | | - | |
---|
2098 | | - | |
---|
2099 | | - | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2023HB-06781- |
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2100 | | - | R01-HB.docx } |
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2101 | | - | 57 of 60 |
---|
2102 | | - | |
---|
2103 | | - | there has been filed with it a request for such authorization that is signed 1749 |
---|
2104 | | - | by or on behalf of the Secretary of the Office of Policy and Management 1750 |
---|
2105 | | - | and states such terms and conditions as said commission, in its 1751 |
---|
2106 | | - | discretion, may require. Such bonds issued pursuant to this section shall 1752 |
---|
2107 | | - | be general obligations of the state and the full faith and credit of the state 1753 |
---|
2108 | | - | of Connecticut are pledged for the payment of the principal of and 1754 |
---|
2109 | | - | interest on such bonds as the same become due, and accordingly and as 1755 |
---|
2110 | | - | part of the contract of the state with the holders of such bonds, 1756 |
---|
2111 | | - | appropriation of all amounts necessary for punctual payment of such 1757 |
---|
2112 | | - | principal and interest is hereby made, and the State Treasurer shall pay 1758 |
---|
2113 | | - | such principal and interest as the same become due. 1759 |
---|
2114 | | - | Sec. 38. (Effective July 1, 2023) The sum of twenty million dollars is 1760 |
---|
2115 | | - | appropriated to the Department of Housing from the General Fund, for 1761 |
---|
2116 | | - | the fiscal years ending June 30, 2024, and June 30, 2025, for Coordinated 1762 |
---|
2117 | | - | Access Networks. 1763 |
---|
2118 | | - | Sec. 39. (Effective July 1, 2023) The sum of eighty-three million dollars 1764 |
---|
2119 | | - | is appropriated to the Department of Housing from the General Fund, 1765 |
---|
2120 | | - | for the fiscal years ending June 30, 2024, and June 30, 2025, for rental 1766 |
---|
2121 | | - | assistance programs. 1767 |
---|
2122 | | - | Sec. 40. (Effective July 1, 2023) The sum of two million dollars is 1768 |
---|
2123 | | - | appropriated to the Department of Housing from the General Fund, for 1769 |
---|
2124 | | - | the fiscal years ending June 30, 2024, and June 30, 2025, for the 2-1-1 1770 |
---|
2125 | | - | program. 1771 |
---|
2126 | | - | Sec. 41. (Effective July 1, 2023) The sum of five million dollars is 1772 |
---|
2127 | | - | appropriated to the Department of Housing from the General Fund, for 1773 |
---|
2128 | | - | the fiscal years ending June 30, 2024, and June 30, 2025, for diversionary 1774 |
---|
2129 | | - | and flexible housing programs. 1775 |
---|
2130 | | - | Sec. 42. (Effective July 1, 2023) The sum of two hundred fifty thousand 1776 |
---|
2131 | | - | dollars is appropriated to the Office of Policy and Management from the 1777 |
---|
2132 | | - | General Fund, for the fiscal year ending June 30, 2024, for hiring a 1778 |
---|
2133 | | - | consultant to develop model codes that may be adopted b y 1779 Substitute Bill No. 6781 |
---|
2134 | | - | |
---|
2135 | | - | |
---|
2136 | | - | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2023HB-06781- |
---|
2137 | | - | R01-HB.docx } |
---|
2138 | | - | 58 of 60 |
---|
2139 | | - | |
---|
2140 | | - | municipalities in the state. 1780 |
---|
2141 | | - | Sec. 43. (Effective July 1, 2023) The sum of five million dollars is 1781 |
---|
2142 | | - | appropriated to the Office of Policy and Management from the General 1782 |
---|
2143 | | - | Fund, for the fiscal years ending June 30, 2024, and June 30, 2025, for 1783 |
---|
2144 | | - | providing grants to any regional council of governments for the 1784 |
---|
2145 | | - | development of regional housing inspection programs. 1785 |
---|
2146 | | - | Sec. 44. (Effective July 1, 2023) The sum of five million dollars is 1786 |
---|
2147 | | - | appropriated to the Department of Housing from the General Fund, for 1787 |
---|
2148 | | - | the fiscal year ending June 30, 2024, for the landlord relief pilot program, 1788 |
---|
2149 | | - | as provided in section 32 of this act. 1789 |
---|
2150 | | - | Sec. 45. (Effective July 1, 2023) The sum of five million dollars is 1790 |
---|
2151 | | - | appropriated to the Department of Housing from the General Fund, for 1791 |
---|
2152 | | - | the fiscal years ending June 30, 2024, and June 30, 2025, for assisting 1792 |
---|
2153 | | - | housing subsidy recipients to find eligible housing units. 1793 |
---|
| 600 | + | complaint not later than one hundred eighty days after the alleged act 497 |
---|
| 601 | + | of discrimination, pursuant to section 46a-82 of the general statutes, as 498 |
---|
| 602 | + | amended by this act. 499 |
---|
| 603 | + | (d) Notwithstanding any other provision of chapter 814c of the 500 |
---|
| 604 | + | general statutes, complaints alleging a violation of this section shall be 501 |
---|
| 605 | + | investigated not later than one hundred days after filing and a final 502 |
---|
| 606 | + | administrative disposition shall be made not later than one year after 503 |
---|
| 607 | + | filing unless it is impracticable to do so. If the Commission on Human 504 |
---|
| 608 | + | Rights and Opportunities is unable to complete its investigation or make 505 |
---|
| 609 | + | a final administrative determination within such time frames, it shall 506 |
---|
| 610 | + | notify the complainant and the respondent, in writing, of the reasons for 507 |
---|
| 611 | + | not doing so. 508 |
---|
| 612 | + | Sec. 12. Section 8-45a of the general statutes is repealed and the 509 |
---|
| 613 | + | following is substituted in lieu thereof (Effective October 1, 2023): 510 |
---|
| 614 | + | A housing authority, as defined in subsection (b) of section 8-39, in 511 |
---|
| 615 | + | determining eligibility for the rental of public housing units may 512 |
---|
| 616 | + | establish criteria and consider relevant information concerning (1) an 513 |
---|
| 617 | + | applicant's or any proposed occupant's history of criminal activity 514 |
---|
| 618 | + | involving: (A) Crimes of physical violence to persons or property, (B) 515 |
---|
| 619 | + | crimes involving the illegal manufacture, sale, distribution or use of, or 516 |
---|
| 620 | + | possession with intent to manufacture, sell, use or distribute, a 517 |
---|
| 621 | + | controlled substance, as defined in section 21a-240, or (C) other criminal 518 |
---|
| 622 | + | acts which would adversely affect the health, safety or welfare of other 519 |
---|
| 623 | + | tenants, (2) an applicant's or any proposed occupant's abuse, or pattern 520 |
---|
| 624 | + | of abuse, of alcohol when the housing authority has reasonable cause to 521 |
---|
| 625 | + | believe that such applicant's or proposed occupant's abuse, or pattern of 522 |
---|
| 626 | + | abuse, of alcohol may interfere with the health, safety or right to 523 |
---|
| 627 | + | peaceful enjoyment of the premises by other residents, and (3) an 524 |
---|
| 628 | + | applicant or any proposed occupant who is subject to a lifetime 525 |
---|
| 629 | + | registration requirement under section 54-252 on account of being 526 |
---|
| 630 | + | convicted or found not guilty by reason of mental disease or defect of a 527 |
---|
| 631 | + | sexually violent offense. In evaluating any such information, the 528 Raised Bill No. 6781 |
---|
| 632 | + | |
---|
| 633 | + | |
---|
| 634 | + | |
---|
| 635 | + | LCO No. 4709 18 of 56 |
---|
| 636 | + | |
---|
| 637 | + | housing authority shall give consideration to the time, nature and extent 529 |
---|
| 638 | + | of the applicant's or proposed occupant's conduct and to factors which 530 |
---|
| 639 | + | might indicate a reasonable probability of favorable future conduct such 531 |
---|
| 640 | + | as evidence of rehabilitation and evidence of the willingness of the 532 |
---|
| 641 | + | applicant, the applicant's family or the proposed occupant to participate 533 |
---|
| 642 | + | in social service or other appropriate counseling programs and the 534 |
---|
| 643 | + | availability of such programs. Except as otherwise provided by law, a 535 |
---|
| 644 | + | housing authority shall limit its consideration of an applicant's or 536 |
---|
| 645 | + | proposed occupant's eviction history to the applicable time period 537 |
---|
| 646 | + | established under subsection (a) of section 11 of this act. 538 |
---|
| 647 | + | Sec. 13. Subdivision (8) of section 46a-51 of the general statutes is 539 |
---|
| 648 | + | repealed and the following is substituted in lieu thereof (Effective October 540 |
---|
| 649 | + | 1, 2023): 541 |
---|
| 650 | + | (8) "Discriminatory practice" means a violation of section 4a-60, 4a-542 |
---|
| 651 | + | 60a, 4a-60g, 31-40y, subsection (b), (d), (e) or (f) of section 31-51i, 543 |
---|
| 652 | + | subparagraph (C) of subdivision (15) of section 46a-54, subdivisions (16) 544 |
---|
| 653 | + | and (17) of section 46a-54, section 46a-58, 46a-59, 46a-60, 46a-64, 46a-64c, 545 |
---|
| 654 | + | 46a-66, 46a-68, 46a-68c to 46a-68f, inclusive, [or] 46a-70 to 46a-78, 546 |
---|
| 655 | + | inclusive, subsection (a) of section 46a-80, [or] sections 46a-81b to 46a-547 |
---|
| 656 | + | 81o, inclusive, [and] sections 46a-80b to 46a-80e, inclusive, [and] or 548 |
---|
| 657 | + | sections 46a-80k to 46a-80m, inclusive, or section 11 of this act; 549 |
---|
| 658 | + | Sec. 14. Subdivision (14) of section 46a-54 of the general statutes is 550 |
---|
| 659 | + | repealed and the following is substituted in lieu thereof (Effective October 551 |
---|
| 660 | + | 1, 2023): 552 |
---|
| 661 | + | (14) To require the posting, by any respondent or other person subject 553 |
---|
| 662 | + | to the requirements of section 46a-64, 46a-64c, 46a-81d or 46a-81e or 554 |
---|
| 663 | + | section 11 of this act, of such notices of statutory provisions as it deems 555 |
---|
| 664 | + | desirable; 556 |
---|
| 665 | + | Sec. 15. Section 46a-74 of the general statutes is repealed and the 557 |
---|
| 666 | + | following is substituted in lieu thereof (Effective October 1, 2023): 558 |
---|
| 667 | + | No state department, board or agency may permit any 559 Raised Bill No. 6781 |
---|
| 668 | + | |
---|
| 669 | + | |
---|
| 670 | + | |
---|
| 671 | + | LCO No. 4709 19 of 56 |
---|
| 672 | + | |
---|
| 673 | + | discriminatory practice in violation of section 46a-59, 46a-64, 46a-64c, 560 |
---|
| 674 | + | 46a-80b to 46a-80e, inclusive, or 46a-80k to 46a-80m, inclusive, section 561 |
---|
| 675 | + | 11 of this act. 562 |
---|
| 676 | + | Sec. 16. Subsection (a) of section 46a-82 of the general statutes is 563 |
---|
| 677 | + | repealed and the following is substituted in lieu thereof (Effective October 564 |
---|
| 678 | + | 1, 2023): 565 |
---|
| 679 | + | (a) Any person claiming to be aggrieved by an alleged discriminatory 566 |
---|
| 680 | + | practice, except for an alleged violation of section 4a-60g or 46a-68 or the 567 |
---|
| 681 | + | provisions of sections 46a-68c to 46a-68f, inclusive, may, by himself or 568 |
---|
| 682 | + | herself or by such person's attorney, file with the commission a 569 |
---|
| 683 | + | complaint in writing under oath, except that a complaint that alleges a 570 |
---|
| 684 | + | violation of section 46a-64c or section 11 of this act need not be 571 |
---|
| 685 | + | notarized. The complaint shall state the name and address of the person 572 |
---|
| 686 | + | alleged to have committed the discriminatory practice, provide a short 573 |
---|
| 687 | + | and plain statement of the allegations upon which the claim is based and 574 |
---|
| 688 | + | contain such other information as may be required by the commission. 575 |
---|
| 689 | + | After the filing of a complaint, the commission shall provide the 576 |
---|
| 690 | + | complainant with a notice that: (1) Acknowledges receipt of the 577 |
---|
| 691 | + | complaint; and (2) advises of the time frames and choice of forums 578 |
---|
| 692 | + | available under this chapter. 579 |
---|
| 693 | + | Sec. 17. Subsections (a) to (c), inclusive, of section 46a-83 of the 580 |
---|
| 694 | + | general statutes are repealed and the following is substituted in lieu 581 |
---|
| 695 | + | thereof (Effective October 1, 2023): 582 |
---|
| 696 | + | (a) Not later than fifteen days after the date of filing of any 583 |
---|
| 697 | + | discriminatory practice complaint pursuant to subsection (a) or (b) of 584 |
---|
| 698 | + | section 46a-82, as amended by this act, or an amendment to such 585 |
---|
| 699 | + | complaint adding an additional respondent, the commission shall serve 586 |
---|
| 700 | + | the respondent as provided in section 46a-86a with the complaint and a 587 |
---|
| 701 | + | notice advising of the procedural rights and obligations of a respondent 588 |
---|
| 702 | + | under this chapter. The respondent shall either (1) file a written answer 589 |
---|
| 703 | + | to the complaint as provided in subsection (b) of this section, or (2) not 590 |
---|
| 704 | + | later than ten days after the date of receipt of the complaint, provide 591 Raised Bill No. 6781 |
---|
| 705 | + | |
---|
| 706 | + | |
---|
| 707 | + | |
---|
| 708 | + | LCO No. 4709 20 of 56 |
---|
| 709 | + | |
---|
| 710 | + | written notice to the complainant and the commission that the 592 |
---|
| 711 | + | respondent has elected to participate in pre-answer conciliation, except 593 |
---|
| 712 | + | that a discriminatory practice complaint alleging a violation of section 594 |
---|
| 713 | + | 46a-64c or 46a-81e shall not be subject to pre-answer conciliation. A 595 |
---|
| 714 | + | complaint sent by first class mail shall be considered to be received not 596 |
---|
| 715 | + | later than two days after the date of mailing, unless the respondent 597 |
---|
| 716 | + | proves otherwise. The commission shall conduct a pre-answer 598 |
---|
| 717 | + | conciliation conference not later than thirty days after the date of 599 |
---|
| 718 | + | receiving the respondent's request for pre-answer conciliation. 600 |
---|
| 719 | + | (b) Except as provided in this subsection, not later than thirty days 601 |
---|
| 720 | + | after the date (1) of receipt of the complaint, or (2) on which the 602 |
---|
| 721 | + | commission determines that the pre-answer conciliation conference was 603 |
---|
| 722 | + | unsuccessful, the respondent shall file a written answer to the 604 |
---|
| 723 | + | complaint, under oath, with the commission. The respondent may 605 |
---|
| 724 | + | request, and the commission may grant, one extension of time of not 606 |
---|
| 725 | + | more than fifteen days within which to file a written answer to the 607 |
---|
| 726 | + | complaint. An answer to any amendment to a complaint shall be filed 608 |
---|
| 727 | + | within twenty days of the date of receipt to such amendment. The 609 |
---|
| 728 | + | answer to any complaint alleging a violation of section 46a-64c or 46a-610 |
---|
| 729 | + | 81e or section 11 of this act shall be filed not later than ten days after the 611 |
---|
| 730 | + | date of receipt of the complaint. 612 |
---|
| 731 | + | (c) Not later than sixty days after the date of the filing of the 613 |
---|
| 732 | + | respondent's answer, the executive director or the executive director's 614 |
---|
| 733 | + | designee shall conduct a case assessment review to determine whether 615 |
---|
| 734 | + | the complaint should be retained for further processing or dismissed 616 |
---|
| 735 | + | because (1) it fails to state a claim for relief or is frivolous on its face, (2) 617 |
---|
| 736 | + | the respondent is exempt from the provisions of this chapter, or (3) there 618 |
---|
| 737 | + | is no reasonable possibility that investigating the complaint will result 619 |
---|
| 738 | + | in a finding of reasonable cause. The case assessment review shall 620 |
---|
| 739 | + | include the complaint, the respondent's answer and the responses to the 621 |
---|
| 740 | + | commission's requests for information, and the complainant's 622 |
---|
| 741 | + | comments, if any, to the respondent's answer and information 623 |
---|
| 742 | + | responses. The executive director or the executive director's designee 624 |
---|
| 743 | + | shall send notice of any action taken pursuant to the case assessment 625 Raised Bill No. 6781 |
---|
| 744 | + | |
---|
| 745 | + | |
---|
| 746 | + | |
---|
| 747 | + | LCO No. 4709 21 of 56 |
---|
| 748 | + | |
---|
| 749 | + | review in accordance with section 46a-86a. For any complaint dismissed 626 |
---|
| 750 | + | pursuant to this subsection, the executive director or the executive 627 |
---|
| 751 | + | director's designee shall issue a release of jurisdiction allowing the 628 |
---|
| 752 | + | complainant to bring a civil action under section 46a-100. This 629 |
---|
| 753 | + | subsection and subsection (e) of this section shall not apply to any 630 |
---|
| 754 | + | complaint alleging a violation of section 46a-64c or 46a-81e or section 11 631 |
---|
| 755 | + | of this act. The executive director shall report the results of the case 632 |
---|
| 756 | + | assessment reviews made pursuant to this subsection to the commission 633 |
---|
| 757 | + | quarterly during each year. 634 |
---|
| 758 | + | Sec. 18. Subdivision (2) of subsection (g) of section 46a-83 of the 635 |
---|
| 759 | + | general statutes is repealed and the following is substituted in lieu 636 |
---|
| 760 | + | thereof (Effective October 1, 2023): 637 |
---|
| 761 | + | (2) If the investigator makes a finding that there is reasonable cause 638 |
---|
| 762 | + | to believe that a violation of section 46a-64c or section 11 of this act has 639 |
---|
| 763 | + | occurred, the complainant and the respondent shall have twenty days 640 |
---|
| 764 | + | from sending of the reasonable cause finding to elect a civil action in lieu 641 |
---|
| 765 | + | of an administrative hearing pursuant to section 46a-84. If either the 642 |
---|
| 766 | + | complainant or the respondent requests a civil action, the commission, 643 |
---|
| 767 | + | through the Attorney General or a commission legal counsel, shall 644 |
---|
| 768 | + | commence an action pursuant to subsection (b) of section 46a-89, not 645 |
---|
| 769 | + | later than ninety days after the date of receipt of the notice of election. If 646 |
---|
| 770 | + | the Attorney General or a commission legal counsel believes that 647 |
---|
| 771 | + | injunctive relief, punitive damages or a civil penalty would be 648 |
---|
| 772 | + | appropriate, such relief, damages or penalty may also be sought. The 649 |
---|
| 773 | + | jurisdiction of the Superior Court in an action brought under this 650 |
---|
| 774 | + | subdivision shall be limited to such claims, counterclaims, defenses or 651 |
---|
| 775 | + | the like that could be presented at an administrative hearing before the 652 |
---|
| 776 | + | commission, had the complaint remained with the commission for 653 |
---|
| 777 | + | disposition. A complainant may intervene as a matter of right in a civil 654 |
---|
| 778 | + | action without permission of the court or the parties. If the Attorney 655 |
---|
| 779 | + | General or commission legal counsel, as the case may be, determines 656 |
---|
| 780 | + | that the interests of the state will not be adversely affected, the 657 |
---|
| 781 | + | complainant or attorney for the complainant shall present all or part of 658 |
---|
| 782 | + | the case in support of the complaint. If the Attorney General or a 659 Raised Bill No. 6781 |
---|
| 783 | + | |
---|
| 784 | + | |
---|
| 785 | + | |
---|
| 786 | + | LCO No. 4709 22 of 56 |
---|
| 787 | + | |
---|
| 788 | + | commission legal counsel determines that a material mistake of law or 660 |
---|
| 789 | + | fact has been made in the finding of reasonable cause, the Attorney 661 |
---|
| 790 | + | General or a commission legal counsel may decline to bring a civil action 662 |
---|
| 791 | + | and shall remand the file to the investigator for further action. The 663 |
---|
| 792 | + | investigator shall complete any such action not later than ninety days 664 |
---|
| 793 | + | after receipt of such file. 665 |
---|
| 794 | + | Sec. 19. Subsection (c) of section 46a-86 of the general statutes is 666 |
---|
| 795 | + | repealed and the following is substituted in lieu thereof (Effective October 667 |
---|
| 796 | + | 1, 2023): 668 |
---|
| 797 | + | (c) In addition to any other action taken under this section, upon a 669 |
---|
| 798 | + | finding of a discriminatory practice prohibited by section 46a-58, 46a-670 |
---|
| 799 | + | 59, 46a-64, 46a-64c, 46a-81b, 46a-81d or 46a-81e or section 11 of this act, 671 |
---|
| 800 | + | the presiding officer shall determine the damage suffered by the 672 |
---|
| 801 | + | complainant, which damage shall include, but not be limited to, the 673 |
---|
| 802 | + | expense incurred by the complainant for obtaining alternate housing or 674 |
---|
| 803 | + | space, storage of goods and effects, moving costs and other costs 675 |
---|
| 804 | + | actually incurred by the complainant as a result of such discriminatory 676 |
---|
| 805 | + | practice and shall allow reasonable attorney's fees and costs. The 677 |
---|
| 806 | + | amount of attorney's fees allowed shall not be contingent upon the 678 |
---|
| 807 | + | amount of damages requested by or awarded to the complainant. 679 |
---|
| 808 | + | Sec. 20. Subdivision (1) of subsection (b) of section 46a-89 of the 680 |
---|
| 809 | + | general statutes is repealed and the following is substituted in lieu 681 |
---|
| 810 | + | thereof (Effective October 1, 2023): 682 |
---|
| 811 | + | (b) (1) Whenever a complaint filed pursuant to section 46a-82, as 683 |
---|
| 812 | + | amended by this act, alleges a violation of section 46a-64, 46a-64c, 46a-684 |
---|
| 813 | + | 81d or 46a-81e or section 11 of this act, and the commission believes that 685 |
---|
| 814 | + | injunctive relief is required or that the imposition of punitive damages 686 |
---|
| 815 | + | or a civil penalty would be appropriate, the commission may bring a 687 |
---|
| 816 | + | petition in the superior court for the judicial district in which the 688 |
---|
| 817 | + | discriminatory practice which is the subject of the complaint occurred 689 |
---|
| 818 | + | or the judicial district in which the respondent resides. 690 |
---|
| 819 | + | Sec. 21. Subsection (b) of section 46a-90a of the general statutes is 691 Raised Bill No. 6781 |
---|
| 820 | + | |
---|
| 821 | + | |
---|
| 822 | + | |
---|
| 823 | + | LCO No. 4709 23 of 56 |
---|
| 824 | + | |
---|
| 825 | + | repealed and the following is substituted in lieu thereof (Effective October 692 |
---|
| 826 | + | 1, 2023): 693 |
---|
| 827 | + | (b) When the presiding officer finds that the respondent has engaged 694 |
---|
| 828 | + | in any discriminatory practice prohibited by section 46a-60, 46a-64, 46a-695 |
---|
| 829 | + | 64c, 46a-81c, 46a-81d or 46a-81e or section 11 of this act and grants relief 696 |
---|
| 830 | + | on the complaint, requiring that a temporary injunction remain in effect, 697 |
---|
| 831 | + | the executive director may, through the procedure outlined in 698 |
---|
| 832 | + | subsection (a) of section 46a-95, petition the court which granted the 699 |
---|
| 833 | + | original temporary injunction to make the injunction permanent. 700 |
---|
| 834 | + | Sec. 22. Section 46a-98a of the general statutes is repealed and the 701 |
---|
| 835 | + | following is substituted in lieu thereof (Effective October 1, 2023): 702 |
---|
| 836 | + | Any person claiming to be aggrieved by a violation of section 46a-64c 703 |
---|
| 837 | + | or 46a-81e or section 11 of this act or by a breach of a conciliation 704 |
---|
| 838 | + | agreement entered into pursuant to this chapter, may bring an action in 705 |
---|
| 839 | + | the Superior Court, or the housing session of said court if appropriate 706 |
---|
| 840 | + | within one year of the date of the alleged discriminatory practice or of a 707 |
---|
| 841 | + | breach of a conciliation agreement entered into pursuant to this chapter. 708 |
---|
| 842 | + | No action pursuant to this section may be brought in the Superior Court 709 |
---|
| 843 | + | regarding the alleged discriminatory practice after the commission has 710 |
---|
| 844 | + | obtained a conciliation agreement pursuant to section 46a-83, as 711 |
---|
| 845 | + | amended by this act, or commenced a hearing pursuant to section 46a-712 |
---|
| 846 | + | 84, except for an action to enforce the conciliation agreement. The court 713 |
---|
| 847 | + | shall have the power to grant relief, by injunction or otherwise, as it 714 |
---|
| 848 | + | deems just and suitable. The court may grant any relief which a 715 |
---|
| 849 | + | presiding officer may grant in a proceeding under section 46a-86, as 716 |
---|
| 850 | + | amended by this act, or which the court may grant in a proceeding 717 |
---|
| 851 | + | under section 46a-89, as amended by this act. The commission, through 718 |
---|
| 852 | + | commission legal counsel or the Attorney General, may intervene as a 719 |
---|
| 853 | + | matter of right in any action brought pursuant to this section without 720 |
---|
| 854 | + | permission of the court or the parties. 721 |
---|
| 855 | + | Sec. 23. (NEW) (Effective October 1, 2023) (a) There shall be an Office 722 |
---|
| 856 | + | of Responsible Growth within the Intergovernmental Policy Division of 723 Raised Bill No. 6781 |
---|
| 857 | + | |
---|
| 858 | + | |
---|
| 859 | + | |
---|
| 860 | + | LCO No. 4709 24 of 56 |
---|
| 861 | + | |
---|
| 862 | + | the Office of Policy and Management. 724 |
---|
| 863 | + | (b) The Office of Responsible Growth shall be responsible for the 725 |
---|
| 864 | + | following: 726 |
---|
| 865 | + | (1) Preparing the state plan of conservation and development 727 |
---|
| 866 | + | pursuant to chapters 297 and 297a of the general statutes; 728 |
---|
| 867 | + | (2) Reviewing state agency plans, projects and bonding requests for 729 |
---|
| 868 | + | consistency with the state plan of conservation and development; 730 |
---|
| 869 | + | (3) Coordinating the administration of the Connecticut 731 |
---|
| 870 | + | Environmental Policy Act, as set forth in sections 22a-1 to 22a-1h, 732 |
---|
| 871 | + | inclusive, of the general statutes; 733 |
---|
| 872 | + | (4) Facilitating interagency coordination in matters involving land 734 |
---|
| 873 | + | and water resources and infrastructure improvements; 735 |
---|
| 874 | + | (5) Providing staff support to the Connecticut Water Planning 736 |
---|
| 875 | + | Council; 737 |
---|
| 876 | + | (6) Coordinating the neighborhood revitalization zone program, as 738 |
---|
| 877 | + | provided in sections 7-600 to 7-602, inclusive, of the general statutes; 739 |
---|
| 878 | + | (7) Assisting the Chief Data Officer of the state with oversight of state-740 |
---|
| 879 | + | wide geographic information system data and resources, and 741 |
---|
| 880 | + | participating in the geographic information system user-to-user 742 |
---|
| 881 | + | network to develop geographic information system data standards and 743 |
---|
| 882 | + | initiatives; 744 |
---|
| 883 | + | (8) Providing staff support to the Advisory Commission on 745 |
---|
| 884 | + | Intergovernmental Relations; 746 |
---|
| 885 | + | (9) Serving as the state liaison to the state's regional councils of 747 |
---|
| 886 | + | governments; 748 |
---|
| 887 | + | (10) Administering responsible growth and transit-oriented 749 |
---|
| 888 | + | development and regional performance incentive grant programs; and 750 Raised Bill No. 6781 |
---|
| 889 | + | |
---|
| 890 | + | |
---|
| 891 | + | |
---|
| 892 | + | LCO No. 4709 25 of 56 |
---|
| 893 | + | |
---|
| 894 | + | (11) Preparing the public investment community index annually. 751 |
---|
| 895 | + | (c) The Secretary of the Office of Policy and Management shall 752 |
---|
| 896 | + | designate a member of the secretary's staff to serve as the State 753 |
---|
| 897 | + | Responsible Growth Coordinator. 754 |
---|
| 898 | + | (d) The secretary shall adopt regulations, in accordance with the 755 |
---|
| 899 | + | provisions of chapter 54 of the general statutes, to carry out the purposes 756 |
---|
| 900 | + | of this section. 757 |
---|
| 901 | + | Sec. 24. Section 8-30j of the general statutes is repealed and the 758 |
---|
| 902 | + | following is substituted in lieu thereof (Effective October 1, 2023): 759 |
---|
| 903 | + | (a) As used in this section: 760 |
---|
| 904 | + | (1) "Plan to affirmatively further fair housing" means a plan designed 761 |
---|
| 905 | + | to (A) develop additional affordable housing, (B) overcome patterns of 762 |
---|
| 906 | + | segregation, (C) promote equity in housing and related community 763 |
---|
| 907 | + | assets, and (D) foster inclusive communities free from barriers that 764 |
---|
| 908 | + | restrict access to opportunity based on protected characteristics; 765 |
---|
| 909 | + | (2) "Equity" means the consistent and systematic fair, just and 766 |
---|
| 910 | + | nondiscriminatory treatment of all individuals, regardless of protected 767 |
---|
| 911 | + | characteristics, including concerted actions to overcome past 768 |
---|
| 912 | + | discrimination against underserved communities that have been denied 769 |
---|
| 913 | + | equal opportunity or otherwise adversely affected because of their 770 |
---|
| 914 | + | protected characteristics by public and private policies and practices 771 |
---|
| 915 | + | that have perpetuated inequality, segregation and poverty; 772 |
---|
| 916 | + | (3) "Segregation" means a condition within a geographic area in 773 |
---|
| 917 | + | which there is a significant concentration of persons of a particular race, 774 |
---|
| 918 | + | color, religion, sex, including sexual orientation, gender identity, and 775 |
---|
| 919 | + | nonconformance with gender stereotypes, familial status, national 776 |
---|
| 920 | + | origin, or having a disability or a type of disability, in such geographic 777 |
---|
| 921 | + | area when compared to a different or broader geographic area; and 778 |
---|
| 922 | + | (4) "Coordinator" means the State Responsible Growth Coordinator 779 |
---|
| 923 | + | of the Office of Responsible Growth within the Office of Policy and 780 Raised Bill No. 6781 |
---|
| 924 | + | |
---|
| 925 | + | |
---|
| 926 | + | |
---|
| 927 | + | LCO No. 4709 26 of 56 |
---|
| 928 | + | |
---|
| 929 | + | Management. 781 |
---|
| 930 | + | [(a)] (b) [(1) Not later than June 1, 2022, and at least once every five 782 |
---|
| 931 | + | years thereafter] Commencing June 1, 2024, each municipality, in 783 |
---|
| 932 | + | consultation with the State Responsible Growth Coordinator, shall 784 |
---|
| 933 | + | prepare or amend and adopt [an affordable housing plan for the 785 |
---|
| 934 | + | municipality] a plan to affirmatively further fair housing for the 786 |
---|
| 935 | + | municipality not later than the plan date set in accordance with a 787 |
---|
| 936 | + | schedule prescribed by the coordinator, and at least once every five 788 |
---|
| 937 | + | years thereafter, and shall submit a copy of such plan to the [Secretary 789 |
---|
| 938 | + | of the Office of Policy and Management] coordinator upon the 790 |
---|
| 939 | + | amendment or adoption of such plan. Such plan shall be subject to the 791 |
---|
| 940 | + | approval of the coordinator and shall specify how the municipality 792 |
---|
| 941 | + | intends to [increase the number of affordable housing developments in 793 |
---|
| 942 | + | the municipality] meet the goals of the plan. 794 |
---|
| 943 | + | [(2) If, at the same time the municipality is required to submit to the 795 |
---|
| 944 | + | Secretary of the Office of Policy and Management an affordable housing 796 |
---|
| 945 | + | plan pursuant to subdivision (1) of this subsection, the municipality is 797 |
---|
| 946 | + | also required to submit to the secretary a plan of conservation and 798 |
---|
| 947 | + | development pursuant to section 8-23, such affordable housing plan 799 |
---|
| 948 | + | may be included as part of such plan of conservation and development. 800 |
---|
| 949 | + | The municipality may, to coincide with its submission to the secretary 801 |
---|
| 950 | + | of a plan of conservation and development, submit to the secretary an 802 |
---|
| 951 | + | affordable housing plan early, provided the municipality's next such 803 |
---|
| 952 | + | submission of an affordable housing plan shall be five years thereafter.] 804 |
---|
| 953 | + | (c) Not later than January 1, 2024, the coordinator shall develop and 805 |
---|
| 954 | + | make available a data set for each municipality concerning such 806 |
---|
| 955 | + | municipality's demographic information, including trends in such 807 |
---|
| 956 | + | information, related to segregation. 808 |
---|
| 957 | + | [(b)] (d) The municipality may hold public informational meetings or 809 |
---|
| 958 | + | organize other activities to inform residents about the process of 810 |
---|
| 959 | + | preparing the plan and shall post a copy of any draft plan or amendment 811 |
---|
| 960 | + | to such plan on the Internet web site of the municipality. If the 812 Raised Bill No. 6781 |
---|
| 961 | + | |
---|
| 962 | + | |
---|
| 963 | + | |
---|
| 964 | + | LCO No. 4709 27 of 56 |
---|
| 965 | + | |
---|
| 966 | + | municipality holds a public hearing, such posting shall occur at least 813 |
---|
| 967 | + | thirty-five days prior to the public hearing. After adoption of the plan, 814 |
---|
| 968 | + | the municipality shall file the final plan in the office of the town clerk of 815 |
---|
| 969 | + | such municipality and post the plan on the Internet web site of the 816 |
---|
| 970 | + | municipality. 817 |
---|
| 971 | + | [(c) Following adoption, the municipality shall regularly review and 818 |
---|
| 972 | + | maintain such plan. The municipality may adopt such geographical, 819 |
---|
| 973 | + | functional or other amendments to the plan or parts of the plan, in 820 |
---|
| 974 | + | accordance with the provisions of this section, as it deems necessary. If 821 |
---|
| 975 | + | the municipality fails to amend and submit to the Secretary of the Office 822 |
---|
| 976 | + | of Policy and Management such plan every five years, the chief elected 823 |
---|
| 977 | + | official of the municipality shall submit a letter to the secretary that (1) 824 |
---|
| 978 | + | explains why such plan was not amended, and (2) designates a date by 825 |
---|
| 979 | + | which an amended plan shall be submitted.] 826 |
---|
| 980 | + | (e) Not later than December 1, 2024, and annually thereafter, each 827 |
---|
| 981 | + | municipality shall submit to the Office of Responsible Growth within 828 |
---|
| 982 | + | the Office of Policy and Management a sworn statement from the chief 829 |
---|
| 983 | + | executive officer of the municipality stating that the municipality is in 830 |
---|
| 984 | + | compliance with the plan adopted by such municipality under 831 |
---|
| 985 | + | subsection (b) of this section. On and after December 1, 2024, a 832 |
---|
| 986 | + | municipality that fails to comply with the requirements of this 833 |
---|
| 987 | + | subsection or subsection (b) of this section shall be ineligible for 834 |
---|
| 988 | + | discretionary state funding unless such prohibition is expressly waived 835 |
---|
| 989 | + | by the Secretary of the Office of Policy and Management. 836 |
---|
| 990 | + | Sec. 25. (Effective from passage) (a) There is established a task force to 837 |
---|
| 991 | + | create an inventory of existing sewer capacity in the state and a plan to 838 |
---|
| 992 | + | expand such sewer capacity in accordance with the state plan of 839 |
---|
| 993 | + | conservation and development adopted pursuant to chapter 297 of the 840 |
---|
| 994 | + | general statutes. 841 |
---|
| 995 | + | (b) The task force shall consist of the following members: 842 |
---|
| 996 | + | (1) Two appointed by the speaker of the House of Representatives; 843 Raised Bill No. 6781 |
---|
| 997 | + | |
---|
| 998 | + | |
---|
| 999 | + | |
---|
| 1000 | + | LCO No. 4709 28 of 56 |
---|
| 1001 | + | |
---|
| 1002 | + | (2) Two appointed by the president pro tempore of the Senate; 844 |
---|
| 1003 | + | (3) One appointed by the majority leader of the House of 845 |
---|
| 1004 | + | Representatives; 846 |
---|
| 1005 | + | (4) One appointed by the majority leader of the Senate; 847 |
---|
| 1006 | + | (5) One appointed by the minority leader of the House of 848 |
---|
| 1007 | + | Representatives; 849 |
---|
| 1008 | + | (6) One appointed by the minority leader of the Senate; 850 |
---|
| 1009 | + | (7) The Commissioner of Energy and Environmental Protection, or 851 |
---|
| 1010 | + | the commissioner's designee; 852 |
---|
| 1011 | + | (8) The Commissioner of Public Health, or the commissioner's 853 |
---|
| 1012 | + | designee; and 854 |
---|
| 1013 | + | (9) The Commissioner of Economic and Community Development, 855 |
---|
| 1014 | + | or the commissioner's designee. 856 |
---|
| 1015 | + | (c) Any member of the task force appointed under subdivision (1), 857 |
---|
| 1016 | + | (2), (3), (4), (5) or (6) of subsection (b) of this section may be a member 858 |
---|
| 1017 | + | of the General Assembly. 859 |
---|
| 1018 | + | (d) All initial appointments to the task force shall be made not later 860 |
---|
| 1019 | + | than thirty days after the effective date of this section. Any vacancy shall 861 |
---|
| 1020 | + | be filled by the appointing authority. 862 |
---|
| 1021 | + | (e) The speaker of the House of Representatives and the president pro 863 |
---|
| 1022 | + | tempore of the Senate shall select the chairpersons of the task force from 864 |
---|
| 1023 | + | among the members of the task force. Such chairpersons shall schedule 865 |
---|
| 1024 | + | the first meeting of the task force, which shall be held not later than sixty 866 |
---|
| 1025 | + | days after the effective date of this section. 867 |
---|
| 1026 | + | (f) The administrative staff of the joint standing committee of the 868 |
---|
| 1027 | + | General Assembly having cognizance of matters relating to planning 869 |
---|
| 1028 | + | and development shall serve as administrative staff of the task force. 870 Raised Bill No. 6781 |
---|
| 1029 | + | |
---|
| 1030 | + | |
---|
| 1031 | + | |
---|
| 1032 | + | LCO No. 4709 29 of 56 |
---|
| 1033 | + | |
---|
| 1034 | + | (g) Not later than January 1, 2024, the task force shall submit a report 871 |
---|
| 1035 | + | on its findings and recommendations to the joint standing committee of 872 |
---|
| 1036 | + | the General Assembly having cognizance of matters relating to planning 873 |
---|
| 1037 | + | and development, in accordance with the provisions of section 11-4a of 874 |
---|
| 1038 | + | the general statutes. The task force shall terminate on the date that it 875 |
---|
| 1039 | + | submits such report or January 1, 2024, whichever is later. 876 |
---|
| 1040 | + | Sec. 26. Subsections (a) to (l), inclusive, of section 8-30g of the general 877 |
---|
| 1041 | + | statutes are repealed and the following is substituted in lieu thereof 878 |
---|
| 1042 | + | (Effective October 1, 2023): 879 |
---|
| 1043 | + | (a) As used in this section and section 8-30j, as amended by this act: 880 |
---|
| 1044 | + | (1) "Affordable housing development" means a proposed housing 881 |
---|
| 1045 | + | development [which] that is (A) assisted housing, or (B) a set-aside 882 |
---|
| 1046 | + | development; 883 |
---|
| 1047 | + | (2) "Affordable housing application" means any application made to 884 |
---|
| 1048 | + | a commission in connection with an affordable housing development by 885 |
---|
| 1049 | + | a person who proposes to develop such affordable housing; 886 |
---|
| 1050 | + | (3) "As of right" means able to be approved in accordance with the 887 |
---|
| 1051 | + | terms of a zoning regulation or regulations and without requiring that 888 |
---|
| 1052 | + | a public hearing be held, a variance, special permit or special exception 889 |
---|
| 1053 | + | be granted or some other discretionary zoning action be taken, other 890 |
---|
| 1054 | + | than a determination that a site plan is in conformance with applicable 891 |
---|
| 1055 | + | zoning regulations; 892 |
---|
| 1056 | + | [(3)] (4) "Assisted housing" means housing [which] that is receiving, 893 |
---|
| 1057 | + | or will receive, financial assistance under any governmental program 894 |
---|
| 1058 | + | for the construction or substantial rehabilitation of low and moderate 895 |
---|
| 1059 | + | income housing, and any housing occupied by persons receiving rental 896 |
---|
| 1060 | + | assistance under chapter 319uu or Section 1437f of Title 42 of the United 897 |
---|
| 1061 | + | States Code; 898 |
---|
| 1062 | + | [(4)] (5) "Commission" means a zoning commission, planning 899 |
---|
| 1063 | + | commission, planning and zoning commission, zoning board of appeals 900 Raised Bill No. 6781 |
---|
| 1064 | + | |
---|
| 1065 | + | |
---|
| 1066 | + | |
---|
| 1067 | + | LCO No. 4709 30 of 56 |
---|
| 1068 | + | |
---|
| 1069 | + | or municipal agency exercising zoning or planning authority; 901 |
---|
| 1070 | + | (6) "Commissioner" means the Commissioner of Housing; 902 |
---|
| 1071 | + | (7) "Median income" means, after adjustments for family size, the 903 |
---|
| 1072 | + | lesser of the state median income or the area median income for the area 904 |
---|
| 1073 | + | in which the municipality containing the affordable housing 905 |
---|
| 1074 | + | development is located, as determined by the United States Department 906 |
---|
| 1075 | + | of Housing and Urban Development; 907 |
---|
| 1076 | + | (8) "Middle housing" means duplexes, triplexes, quadplexes, cottage 908 |
---|
| 1077 | + | clusters and townhouses; 909 |
---|
| 1078 | + | [(5)] (9) "Municipality" means any town, city or borough, whether 910 |
---|
| 1079 | + | consolidated or unconsolidated; and 911 |
---|
| 1080 | + | [(6)] (10) "Set-aside development" means a development in which not 912 |
---|
| 1081 | + | less than thirty per cent of the dwelling units will be conveyed by deeds 913 |
---|
| 1082 | + | containing covenants or restrictions which shall require that, for at least 914 |
---|
| 1083 | + | forty years after the initial occupation of the proposed development, 915 |
---|
| 1084 | + | such dwelling units shall be sold or rented at, or below, prices which 916 |
---|
| 1085 | + | will preserve the units as housing for which persons and families pay 917 |
---|
| 1086 | + | thirty per cent or less of their annual income, where such income is less 918 |
---|
| 1087 | + | than or equal to eighty per cent of the median income. In a set-aside 919 |
---|
| 1088 | + | development, of the dwelling units conveyed by deeds containing 920 |
---|
| 1089 | + | covenants or restrictions, a number of dwelling units equal to not less 921 |
---|
| 1090 | + | than fifteen per cent of all dwelling units in the development shall be 922 |
---|
| 1091 | + | sold or rented to persons and families whose income is less than or equal 923 |
---|
| 1092 | + | to sixty per cent of the median income and the remainder of the dwelling 924 |
---|
| 1093 | + | units conveyed by deeds containing covenants or restrictions shall be 925 |
---|
| 1094 | + | sold or rented to persons and families whose income is less than or equal 926 |
---|
| 1095 | + | to eighty per cent of the median income. [;] 927 |
---|
| 1096 | + | [(7) "Median income" means, after adjustments for family size, the 928 |
---|
| 1097 | + | lesser of the state median income or the area median income for the area 929 |
---|
| 1098 | + | in which the municipality containing the affordable housing 930 |
---|
| 1099 | + | development is located, as determined by the United States Department 931 Raised Bill No. 6781 |
---|
| 1100 | + | |
---|
| 1101 | + | |
---|
| 1102 | + | |
---|
| 1103 | + | LCO No. 4709 31 of 56 |
---|
| 1104 | + | |
---|
| 1105 | + | of Housing and Urban Development; and 932 |
---|
| 1106 | + | (8) "Commissioner" means the Commissioner of Housing.] 933 |
---|
| 1107 | + | (b) (1) Any person filing an affordable housing application with a 934 |
---|
| 1108 | + | commission shall submit, as part of the application, an affordability plan 935 |
---|
| 1109 | + | which shall include at least the following: (A) Designation of the person, 936 |
---|
| 1110 | + | entity or agency that will be responsible for the duration of any 937 |
---|
| 1111 | + | affordability restrictions, for the administration of the affordability plan 938 |
---|
| 1112 | + | and its compliance with the income limits and sale price or rental 939 |
---|
| 1113 | + | restrictions of this chapter; (B) an affirmative fair housing marketing 940 |
---|
| 1114 | + | plan governing the sale or rental of all dwelling units; (C) a sample 941 |
---|
| 1115 | + | calculation of the maximum sales prices or rents of the intended 942 |
---|
| 1116 | + | affordable dwelling units; (D) a description of the projected sequence in 943 |
---|
| 1117 | + | which, within a set-aside development, the affordable dwelling units 944 |
---|
| 1118 | + | will be built and offered for occupancy and the general location of such 945 |
---|
| 1119 | + | units within the proposed development; and (E) draft zoning 946 |
---|
| 1120 | + | regulations, conditions of approvals, deeds, restrictive covenants or 947 |
---|
| 1121 | + | lease provisions that will govern the affordable dwelling units. 948 |
---|
| 1122 | + | (2) The commissioner shall, within available appropriations, adopt 949 |
---|
| 1123 | + | regulations pursuant to chapter 54 regarding the affordability plan. 950 |
---|
| 1124 | + | Such regulations may include additional criteria for preparing an 951 |
---|
| 1125 | + | affordability plan and shall include: (A) A formula for determining rent 952 |
---|
| 1126 | + | levels and sale prices, including establishing maximum allowable down 953 |
---|
| 1127 | + | payments to be used in the calculation of maximum allowable sales 954 |
---|
| 1128 | + | prices; (B) a clarification of the costs that are to be included when 955 |
---|
| 1129 | + | calculating maximum allowed rents and sale prices; (C) a clarification 956 |
---|
| 1130 | + | as to how family size and bedroom counts are to be equated in 957 |
---|
| 1131 | + | establishing maximum rental and sale prices for the affordable units; 958 |
---|
| 1132 | + | and (D) a listing of the considerations to be included in the computation 959 |
---|
| 1133 | + | of income under this section. 960 |
---|
| 1134 | + | (c) Any commission, by regulation, may require that an affordable 961 |
---|
| 1135 | + | housing application seeking a change of zone include the submission of 962 |
---|
| 1136 | + | a conceptual site plan describing the proposed development's total 963 Raised Bill No. 6781 |
---|
| 1137 | + | |
---|
| 1138 | + | |
---|
| 1139 | + | |
---|
| 1140 | + | LCO No. 4709 32 of 56 |
---|
| 1141 | + | |
---|
| 1142 | + | number of residential units and their arrangement on the property and 964 |
---|
| 1143 | + | the proposed development's roads and traffic circulation, sewage 965 |
---|
| 1144 | + | disposal and water supply. 966 |
---|
| 1145 | + | (d) For any affordable dwelling unit that is rented as part of a set-967 |
---|
| 1146 | + | aside development, if the maximum monthly housing cost, as calculated 968 |
---|
| 1147 | + | in accordance with subdivision [(6)] (10) of subsection (a) of this section, 969 |
---|
| 1148 | + | would exceed one hundred per cent of the Section 8 fair market rent as 970 |
---|
| 1149 | + | determined by the United States Department of Housing and Urban 971 |
---|
| 1150 | + | Development, in the case of units set aside for persons and families 972 |
---|
| 1151 | + | whose income is less than or equal to sixty per cent of the median 973 |
---|
| 1152 | + | income, then such maximum monthly housing cost shall not exceed one 974 |
---|
| 1153 | + | hundred per cent of said Section 8 fair market rent. If the maximum 975 |
---|
| 1154 | + | monthly housing cost, as calculated in accordance with subdivision [(6)] 976 |
---|
| 1155 | + | (10) of subsection (a) of this section, would exceed one hundred twenty 977 |
---|
| 1156 | + | per cent of the Section 8 fair market rent, as determined by the United 978 |
---|
| 1157 | + | States Department of Housing and Urban Development, in the case of 979 |
---|
| 1158 | + | units set aside for persons and families whose income is less than or 980 |
---|
| 1159 | + | equal to eighty per cent of the median income, then such maximum 981 |
---|
| 1160 | + | monthly housing cost shall not exceed one hundred twenty per cent of 982 |
---|
| 1161 | + | such Section 8 fair market rent. 983 |
---|
| 1162 | + | (e) For any affordable dwelling unit that is rented [in order] to comply 984 |
---|
| 1163 | + | with the requirements of a set-aside development, no person shall 985 |
---|
| 1164 | + | impose on a prospective tenant who is receiving governmental rental 986 |
---|
| 1165 | + | assistance a maximum percentage-of-income-for-housing requirement 987 |
---|
| 1166 | + | that is more restrictive than the requirement, if any, imposed by such 988 |
---|
| 1167 | + | governmental assistance program. 989 |
---|
| 1168 | + | (f) Except as provided in subsections (k) and (l) of this section, any 990 |
---|
| 1169 | + | person whose affordable housing application is denied, or is approved 991 |
---|
| 1170 | + | with restrictions [which] that have a substantial adverse impact on the 992 |
---|
| 1171 | + | viability of the affordable housing development or the degree of 993 |
---|
| 1172 | + | affordability of the affordable dwelling units in a set-aside 994 |
---|
| 1173 | + | development, may appeal such decision pursuant to the procedures of 995 |
---|
| 1174 | + | this section. Such appeal shall be filed within the time period for filing 996 Raised Bill No. 6781 |
---|
| 1175 | + | |
---|
| 1176 | + | |
---|
| 1177 | + | |
---|
| 1178 | + | LCO No. 4709 33 of 56 |
---|
| 1179 | + | |
---|
| 1180 | + | appeals as set forth in section 8-8, 8-9, 8-28 or 8-30a, as applicable, and 997 |
---|
| 1181 | + | shall be made returnable to the superior court for the judicial district 998 |
---|
| 1182 | + | where the real property which is the subject of the application is located. 999 |
---|
| 1183 | + | Affordable housing appeals, including pretrial motions, shall be heard 1000 |
---|
| 1184 | + | by a judge assigned by the Chief Court Administrator to hear such 1001 |
---|
| 1185 | + | appeals. To the extent practicable, efforts shall be made to assign such 1002 |
---|
| 1186 | + | cases to a small number of judges, sitting in geographically diverse parts 1003 |
---|
| 1187 | + | of the state, so that a consistent body of expertise can be developed. 1004 |
---|
| 1188 | + | Unless otherwise ordered by the Chief Court Administrator, such 1005 |
---|
| 1189 | + | appeals, including pretrial motions, shall be heard by such assigned 1006 |
---|
| 1190 | + | judges in the judicial district in which such judge is sitting. Appeals 1007 |
---|
| 1191 | + | taken pursuant to this subsection shall be privileged cases to be heard 1008 |
---|
| 1192 | + | by the court as soon after the return day as is practicable. Except as 1009 |
---|
| 1193 | + | otherwise provided in this section, appeals involving an affordable 1010 |
---|
| 1194 | + | housing application shall proceed in conformance with the provisions 1011 |
---|
| 1195 | + | of section 8-8, 8-9, 8-28 or 8-30a, as applicable. 1012 |
---|
| 1196 | + | (g) Upon an appeal taken under subsection (f) of this section, the 1013 |
---|
| 1197 | + | burden shall be on the commission to prove, based upon the evidence 1014 |
---|
| 1198 | + | in the record compiled before such commission, that the decision from 1015 |
---|
| 1199 | + | which such appeal is taken and the reasons cited for such decision are 1016 |
---|
| 1200 | + | supported by sufficient evidence in the record. The commission shall 1017 |
---|
| 1201 | + | also have the burden to prove, based upon the evidence in the record 1018 |
---|
| 1202 | + | compiled before such commission, that (1) (A) the decision is necessary 1019 |
---|
| 1203 | + | to protect substantial public interests in health, safety or other matters 1020 |
---|
| 1204 | + | which the commission may legally consider; (B) such public interests 1021 |
---|
| 1205 | + | clearly outweigh the need for affordable housing; and (C) such public 1022 |
---|
| 1206 | + | interests cannot be protected by reasonable changes to the affordable 1023 |
---|
| 1207 | + | housing development, or (2) (A) the application which was the subject 1024 |
---|
| 1208 | + | of the decision from which such appeal was taken would locate 1025 |
---|
| 1209 | + | affordable housing in an area which is zoned for industrial use and 1026 |
---|
| 1210 | + | which does not permit residential uses; and (B) the development is not 1027 |
---|
| 1211 | + | assisted housing. If the commission does not satisfy its burden of proof 1028 |
---|
| 1212 | + | under this subsection, the court shall wholly or partly revise, modify, 1029 |
---|
| 1213 | + | remand or reverse the decision from which the appeal was taken in a 1030 Raised Bill No. 6781 |
---|
| 1214 | + | |
---|
| 1215 | + | |
---|
| 1216 | + | |
---|
| 1217 | + | LCO No. 4709 34 of 56 |
---|
| 1218 | + | |
---|
| 1219 | + | manner consistent with the evidence in the record before it. 1031 |
---|
| 1220 | + | (h) Following a decision by a commission to reject an affordable 1032 |
---|
| 1221 | + | housing application or to approve an application with restrictions 1033 |
---|
| 1222 | + | [which] that have a substantial adverse impact on the viability of the 1034 |
---|
| 1223 | + | affordable housing development or the degree of affordability of the 1035 |
---|
| 1224 | + | affordable dwelling units, the applicant may, within the period for filing 1036 |
---|
| 1225 | + | an appeal of such decision, submit to the commission a proposed 1037 |
---|
| 1226 | + | modification of its proposal responding to some or all of the objections 1038 |
---|
| 1227 | + | or restrictions articulated by the commission, which shall be treated as 1039 |
---|
| 1228 | + | an amendment to the original proposal. The day of receipt of such a 1040 |
---|
| 1229 | + | modification shall be determined in the same manner as the day of 1041 |
---|
| 1230 | + | receipt is determined for an original application. The filing of such a 1042 |
---|
| 1231 | + | proposed modification shall stay the period for filing an appeal from the 1043 |
---|
| 1232 | + | decision of the commission on the original application. The commission 1044 |
---|
| 1233 | + | shall hold a public hearing on the proposed modification if it held a 1045 |
---|
| 1234 | + | public hearing on the original application and may hold a public 1046 |
---|
| 1235 | + | hearing on the proposed modification if it did not hold a public hearing 1047 |
---|
| 1236 | + | on the original application. The commission shall render a decision on 1048 |
---|
| 1237 | + | the proposed modification not later than sixty-five days after the receipt 1049 |
---|
| 1238 | + | of such proposed modification, provided, if, in connection with a 1050 |
---|
| 1239 | + | modification submitted under this subsection, the applicant applies for 1051 |
---|
| 1240 | + | a permit for an activity regulated pursuant to sections 22a-36 to 22a-45, 1052 |
---|
| 1241 | + | inclusive, and the time for a decision by the commission on such 1053 |
---|
| 1242 | + | modification under this subsection would lapse prior to the thirty-fifth 1054 |
---|
| 1243 | + | day after a decision by an inland wetlands and watercourses agency, the 1055 |
---|
| 1244 | + | time period for decision by the commission on the modification under 1056 |
---|
| 1245 | + | this subsection shall be extended to thirty-five days after the decision of 1057 |
---|
| 1246 | + | such agency. The commission shall issue notice of its decision as 1058 |
---|
| 1247 | + | provided by law. Failure of the commission to render a decision within 1059 |
---|
| 1248 | + | said sixty-five days or subsequent extension period permitted by this 1060 |
---|
| 1249 | + | subsection shall constitute a rejection of the proposed modification. 1061 |
---|
| 1250 | + | Within the time period for filing an appeal on the proposed modification 1062 |
---|
| 1251 | + | as set forth in section 8-8, 8-9, 8-28 or 8-30a, as applicable, the applicant 1063 |
---|
| 1252 | + | may appeal the commission's decision on the original application and 1064 Raised Bill No. 6781 |
---|
| 1253 | + | |
---|
| 1254 | + | |
---|
| 1255 | + | |
---|
| 1256 | + | LCO No. 4709 35 of 56 |
---|
| 1257 | + | |
---|
| 1258 | + | the proposed modification in the manner set forth in this section. 1065 |
---|
| 1259 | + | Nothing in this subsection shall be construed to limit the right of an 1066 |
---|
| 1260 | + | applicant to appeal the original decision of the commission in the 1067 |
---|
| 1261 | + | manner set forth in this section without submitting a proposed 1068 |
---|
| 1262 | + | modification or to limit the issues which may be raised in any appeal 1069 |
---|
| 1263 | + | under this section. 1070 |
---|
| 1264 | + | (i) Nothing in this section shall be deemed to preclude any right of 1071 |
---|
| 1265 | + | appeal under the provisions of section 8-8, 8-9, 8-28 or 8-30a. 1072 |
---|
| 1266 | + | (j) A commission or its designated authority shall have, with respect 1073 |
---|
| 1267 | + | to compliance of an affordable housing development with the 1074 |
---|
| 1268 | + | provisions of this chapter, the same powers and remedies provided to 1075 |
---|
| 1269 | + | commissions by section 8-12. 1076 |
---|
| 1270 | + | (k) The affordable housing appeals procedure established under this 1077 |
---|
| 1271 | + | section shall not be available if the real property which is the subject of 1078 |
---|
| 1272 | + | the application is located in a municipality in which at least ten per cent 1079 |
---|
| 1273 | + | of all dwelling units in the municipality are (1) assisted housing, (2) 1080 |
---|
| 1274 | + | currently financed by Connecticut Housing Finance Authority 1081 |
---|
| 1275 | + | mortgages, (3) subject to binding recorded deeds containing covenants 1082 |
---|
| 1276 | + | or restrictions which require that such dwelling units be sold or rented 1083 |
---|
| 1277 | + | at, or below, prices which will preserve the units as housing for which 1084 |
---|
| 1278 | + | persons and families pay thirty per cent or less of income, where such 1085 |
---|
| 1279 | + | income is less than or equal to eighty per cent of the median income, (4) 1086 |
---|
| 1280 | + | mobile manufactured homes located in mobile manufactured home 1087 |
---|
| 1281 | + | parks or legally approved accessory apartments, which homes or 1088 |
---|
| 1282 | + | apartments are subject to binding recorded deeds containing covenants 1089 |
---|
| 1283 | + | or restrictions which require that such dwelling units be sold or rented 1090 |
---|
| 1284 | + | at, or below, prices which will preserve the units as housing for which, 1091 |
---|
| 1285 | + | for a period of not less than ten years, persons and families pay thirty 1092 |
---|
| 1286 | + | per cent or less of income, where such income is less than or equal to 1093 |
---|
| 1287 | + | eighty per cent of the median income, or (5) mobile manufactured 1094 |
---|
| 1288 | + | homes located in resident-owned mobile manufactured home parks. For 1095 |
---|
| 1289 | + | the purposes of calculating the total number of dwelling units in a 1096 |
---|
| 1290 | + | municipality, accessory apartments built or permitted after January 1, 1097 Raised Bill No. 6781 |
---|
| 1291 | + | |
---|
| 1292 | + | |
---|
| 1293 | + | |
---|
| 1294 | + | LCO No. 4709 36 of 56 |
---|
| 1295 | + | |
---|
| 1296 | + | 2022, but that are not described in subdivision (4) of this subsection, 1098 |
---|
| 1297 | + | shall not be counted toward such total number. The municipalities 1099 |
---|
| 1298 | + | meeting the criteria set forth in this subsection shall be listed in the 1100 |
---|
| 1299 | + | report submitted under section 8-37qqq. As used in this subsection, 1101 |
---|
| 1300 | + | "accessory apartment" has the same meaning as provided in section 8-1102 |
---|
| 1301 | + | 1a, and "resident-owned mobile manufactured home park" means a 1103 |
---|
| 1302 | + | mobile manufactured home park consisting of mobile manufactured 1104 |
---|
| 1303 | + | homes located on land that is deed restricted, and, at the time of issuance 1105 |
---|
| 1304 | + | of a loan for the purchase of such land, such loan required seventy-five 1106 |
---|
| 1305 | + | per cent of the units to be leased to persons with incomes equal to or less 1107 |
---|
| 1306 | + | than eighty per cent of the median income, and either (A) forty per cent 1108 |
---|
| 1307 | + | of said seventy-five per cent to be leased to persons with incomes equal 1109 |
---|
| 1308 | + | to or less than sixty per cent of the median income, or (B) twenty per 1110 |
---|
| 1309 | + | cent of said seventy-five per cent to be leased to persons with incomes 1111 |
---|
| 1310 | + | equal to or less than fifty per cent of the median income. 1112 |
---|
| 1311 | + | (l) (1) Except as provided in subdivision (2) of this subsection, the 1113 |
---|
| 1312 | + | affordable housing appeals procedure established under this section 1114 |
---|
| 1313 | + | shall not be applicable to an affordable housing application filed with a 1115 |
---|
| 1314 | + | commission during a moratorium, which shall commence after (A) a 1116 |
---|
| 1315 | + | certification of affordable housing project completion issued by the 1117 |
---|
| 1316 | + | commissioner is published [in the Connecticut Law Journal] on the 1118 |
---|
| 1317 | + | eRegulations System, or (B) notice of a provisional approval is 1119 |
---|
| 1318 | + | published pursuant to subdivision (4) of this subsection. Any such 1120 |
---|
| 1319 | + | moratorium shall be for a period of four years, except that for any 1121 |
---|
| 1320 | + | municipality that has (i) twenty thousand or more dwelling units, as 1122 |
---|
| 1321 | + | reported in the most recent United States decennial census, and (ii) 1123 |
---|
| 1322 | + | previously qualified for a moratorium in accordance with this section, 1124 |
---|
| 1323 | + | any subsequent moratorium shall be for a period of five years. Any 1125 |
---|
| 1324 | + | moratorium that is in effect on October 1, 2002, is extended by one year. 1126 |
---|
| 1325 | + | (2) Such moratorium shall not apply to (A) affordable housing 1127 |
---|
| 1326 | + | applications for assisted housing in which ninety-five per cent of the 1128 |
---|
| 1327 | + | dwelling units are restricted to persons and families whose income is 1129 |
---|
| 1328 | + | less than or equal to sixty per cent of the median income, (B) other 1130 |
---|
| 1329 | + | affordable housing applications for assisted housing containing forty or 1131 Raised Bill No. 6781 |
---|
| 1330 | + | |
---|
| 1331 | + | |
---|
| 1332 | + | |
---|
| 1333 | + | LCO No. 4709 37 of 56 |
---|
| 1334 | + | |
---|
| 1335 | + | fewer dwelling units, or (C) affordable housing applications which were 1132 |
---|
| 1336 | + | filed with a commission pursuant to this section prior to the date upon 1133 |
---|
| 1337 | + | which the moratorium takes effect. 1134 |
---|
| 1338 | + | (3) Eligible units completed after a moratorium has begun may be 1135 |
---|
| 1339 | + | counted toward establishing eligibility for a subsequent moratorium. 1136 |
---|
| 1340 | + | (4) (A) The commissioner shall issue a certificate of affordable 1137 |
---|
| 1341 | + | housing project completion for the purposes of this subsection upon 1138 |
---|
| 1342 | + | finding that there has been completed within the municipality one or 1139 |
---|
| 1343 | + | more affordable housing developments which create housing unit-1140 |
---|
| 1344 | + | equivalent points equal to (i) the greater of two per cent of all dwelling 1141 |
---|
| 1345 | + | units in the municipality, as reported in the most recent United States 1142 |
---|
| 1346 | + | decennial census, or seventy-five housing unit-equivalent points, or (ii) 1143 |
---|
| 1347 | + | for any municipality that has (I) adopted an affordable housing plan in 1144 |
---|
| 1348 | + | accordance with section 8-30j, as amended by this act, (II) twenty 1145 |
---|
| 1349 | + | thousand or more dwelling units, as reported in the most recent United 1146 |
---|
| 1350 | + | States decennial census, and (III) previously qualified for a moratorium 1147 |
---|
| 1351 | + | in accordance with this section, one and one-half per cent of all dwelling 1148 |
---|
| 1352 | + | units in the municipality, as reported in the most recent United States 1149 |
---|
| 1353 | + | decennial census. 1150 |
---|
| 1354 | + | (B) A municipality may apply for a certificate of affordable housing 1151 |
---|
| 1355 | + | project completion pursuant to this subsection by applying in writing to 1152 |
---|
| 1356 | + | the commissioner, and including documentation showing that the 1153 |
---|
| 1357 | + | municipality has accumulated the required number of points within the 1154 |
---|
| 1358 | + | applicable time period. Such documentation shall include the location 1155 |
---|
| 1359 | + | of each dwelling unit being counted, the number of points each dwelling 1156 |
---|
| 1360 | + | unit has been assigned, and the reason, pursuant to this subsection, for 1157 |
---|
| 1361 | + | assigning such points to such dwelling unit. Upon receipt of such 1158 |
---|
| 1362 | + | application, the commissioner shall promptly cause a notice of the filing 1159 |
---|
| 1363 | + | of the application to be published in the Connecticut Law Journal, 1160 |
---|
| 1364 | + | stating that public comment on such application shall be accepted by the 1161 |
---|
| 1365 | + | commissioner for a period of thirty days after the publication of such 1162 |
---|
| 1366 | + | notice. Not later than ninety days after the receipt of such application, 1163 |
---|
| 1367 | + | the commissioner shall either approve or reject such application. Such 1164 Raised Bill No. 6781 |
---|
| 1368 | + | |
---|
| 1369 | + | |
---|
| 1370 | + | |
---|
| 1371 | + | LCO No. 4709 38 of 56 |
---|
| 1372 | + | |
---|
| 1373 | + | approval or rejection shall be accompanied by a written statement of the 1165 |
---|
| 1374 | + | reasons for approval or rejection, pursuant to the provisions of this 1166 |
---|
| 1375 | + | subsection. If the application is approved, the commissioner shall 1167 |
---|
| 1376 | + | promptly cause a certificate of affordable housing project completion to 1168 |
---|
| 1377 | + | be published in the Connecticut Law Journal. If the commissioner fails 1169 |
---|
| 1378 | + | to either approve or reject the application within such ninety-day 1170 |
---|
| 1379 | + | period, such application shall be deemed provisionally approved, and 1171 |
---|
| 1380 | + | the municipality may cause notice of such provisional approval to be 1172 |
---|
| 1381 | + | published in a conspicuous manner in a daily newspaper having general 1173 |
---|
| 1382 | + | circulation in the municipality, in which case, such moratorium shall 1174 |
---|
| 1383 | + | take effect upon such publication. The municipality shall send a copy of 1175 |
---|
| 1384 | + | such notice to the commissioner. Such provisional approval shall 1176 |
---|
| 1385 | + | remain in effect unless the commissioner subsequently acts upon and 1177 |
---|
| 1386 | + | rejects the application, in which case the moratorium shall terminate 1178 |
---|
| 1387 | + | upon notice to the municipality by the commissioner. 1179 |
---|
| 1388 | + | (5) For the purposes of this subsection, "elderly units" are dwelling 1180 |
---|
| 1389 | + | units whose occupancy is restricted by age, "family units" are dwelling 1181 |
---|
| 1390 | + | units whose occupancy is not restricted by age, and "resident-owned 1182 |
---|
| 1391 | + | mobile manufactured home park" has the same meaning as provided in 1183 |
---|
| 1392 | + | subsection (k) of this section. 1184 |
---|
| 1393 | + | (6) For the purposes of this subsection, housing unit-equivalent 1185 |
---|
| 1394 | + | points shall be determined by the commissioner as follows: (A) No 1186 |
---|
| 1395 | + | points shall be awarded for a unit unless its occupancy is restricted to 1187 |
---|
| 1396 | + | persons and families whose income is equal to or less than eighty per 1188 |
---|
| 1397 | + | cent of the median income, except that unrestricted units in a set-aside 1189 |
---|
| 1398 | + | development shall be awarded one-fourth point each. (B) Family units 1190 |
---|
| 1399 | + | restricted to persons and families whose income is equal to or less than 1191 |
---|
| 1400 | + | eighty per cent of the median income shall be awarded one point if an 1192 |
---|
| 1401 | + | ownership unit and one and one-half points if a rental unit. (C) Family 1193 |
---|
| 1402 | + | units restricted to persons and families whose income is equal to or less 1194 |
---|
| 1403 | + | than sixty per cent of the median income shall be awarded one and one-1195 |
---|
| 1404 | + | half points if an ownership unit and two points if a rental unit. (D) 1196 |
---|
| 1405 | + | Family units restricted to persons and families whose income is equal to 1197 |
---|
| 1406 | + | or less than forty per cent of the median income shall be awarded two 1198 Raised Bill No. 6781 |
---|
| 1407 | + | |
---|
| 1408 | + | |
---|
| 1409 | + | |
---|
| 1410 | + | LCO No. 4709 39 of 56 |
---|
| 1411 | + | |
---|
| 1412 | + | points if an ownership unit and two and one-half points if a rental unit. 1199 |
---|
| 1413 | + | (E) Elderly units restricted to persons and families whose income is 1200 |
---|
| 1414 | + | equal to or less than eighty per cent of the median income shall be 1201 |
---|
| 1415 | + | awarded one-half point. (F) A set-aside development containing family 1202 |
---|
| 1416 | + | units which are rental units shall be awarded additional points equal to 1203 |
---|
| 1417 | + | twenty-two per cent of the total points awarded to such development, 1204 |
---|
| 1418 | + | provided the application for such development was filed with the 1205 |
---|
| 1419 | + | commission prior to July 6, 1995. (G) A mobile manufactured home in a 1206 |
---|
| 1420 | + | resident-owned mobile manufactured home park shall be awarded 1207 |
---|
| 1421 | + | points as follows: One and one-half points when occupied by persons 1208 |
---|
| 1422 | + | and families with an income equal to or less than eighty per cent of the 1209 |
---|
| 1423 | + | median income; two points when occupied by persons and families with 1210 |
---|
| 1424 | + | an income equal to or less than sixty per cent of the median income; and 1211 |
---|
| 1425 | + | one-fourth point for the remaining units. (H) A middle housing unit 1212 |
---|
| 1426 | + | developed as of right within one-quarter mile of any transit district 1213 |
---|
| 1427 | + | established pursuant to chapter 103a shall be awarded one-half point. 1214 |
---|
| 1428 | + | (7) Points shall be awarded only for dwelling units which (A) were 1215 |
---|
| 1429 | + | newly-constructed units in an affordable housing development, as that 1216 |
---|
| 1430 | + | term was defined at the time of the affordable housing application, for 1217 |
---|
| 1431 | + | which a certificate of occupancy was issued after July 1, 1990, (B) were 1218 |
---|
| 1432 | + | newly subjected after July 1, 1990, to deeds containing covenants or 1219 |
---|
| 1433 | + | restrictions which require that, for at least the duration required by 1220 |
---|
| 1434 | + | subsection (a) of this section for set-aside developments on the date 1221 |
---|
| 1435 | + | when such covenants or restrictions took effect, such dwelling units 1222 |
---|
| 1436 | + | shall be sold or rented at, or below, prices which will preserve the units 1223 |
---|
| 1437 | + | as affordable housing for persons or families whose income does not 1224 |
---|
| 1438 | + | exceed eighty per cent of the median income, or (C) are located in a 1225 |
---|
| 1439 | + | resident-owned mobile manufactured home park. 1226 |
---|
| 1440 | + | (8) Points shall be subtracted, applying the formula in subdivision (6) 1227 |
---|
| 1441 | + | of this subsection, for any affordable dwelling unit which, on or after 1228 |
---|
| 1442 | + | July 1, 1990, was affected by any action taken by a municipality which 1229 |
---|
| 1443 | + | caused such dwelling unit to cease being counted as an affordable 1230 |
---|
| 1444 | + | dwelling unit. 1231 Raised Bill No. 6781 |
---|
| 1445 | + | |
---|
| 1446 | + | |
---|
| 1447 | + | |
---|
| 1448 | + | LCO No. 4709 40 of 56 |
---|
| 1449 | + | |
---|
| 1450 | + | (9) A newly-constructed unit shall be counted toward a moratorium 1232 |
---|
| 1451 | + | when it receives a certificate of occupancy. A newly-restricted unit shall 1233 |
---|
| 1452 | + | be counted toward a moratorium when its deed restriction takes effect. 1234 |
---|
| 1453 | + | (10) The affordable housing appeals procedure shall be applicable to 1235 |
---|
| 1454 | + | affordable housing applications filed with a commission after a three-1236 |
---|
| 1455 | + | year moratorium expires, except (A) as otherwise provided in 1237 |
---|
| 1456 | + | subsection (k) of this section, or (B) when sufficient unit-equivalent 1238 |
---|
| 1457 | + | points have been created within the municipality during one 1239 |
---|
| 1458 | + | moratorium to qualify for a subsequent moratorium. 1240 |
---|
| 1459 | + | (11) The commissioner shall, within available appropriations, adopt 1241 |
---|
| 1460 | + | regulations in accordance with chapter 54 to carry out the purposes of 1242 |
---|
| 1461 | + | this subsection. Such regulations shall specify the procedure to be 1243 |
---|
| 1462 | + | followed by a municipality to obtain a moratorium, and shall include 1244 |
---|
| 1463 | + | the manner in which a municipality is to document the units to be 1245 |
---|
| 1464 | + | counted toward a moratorium. A municipality may apply for a 1246 |
---|
| 1465 | + | moratorium in accordance with the provisions of this subsection prior 1247 |
---|
| 1466 | + | to, as well as after, such regulations are adopted. 1248 |
---|
| 1467 | + | Sec. 27. (NEW) (Effective from passage) (a) For purposes of this section: 1249 |
---|
| 1468 | + | (1) "Commissioner" means the Commissioner of Housing; 1250 |
---|
| 1469 | + | (2) "Public housing authority" means any housing authority 1251 |
---|
| 1470 | + | established pursuant to chapter 128 of the general statutes; 1252 |
---|
| 1471 | + | (3) "Affordable housing programs" means the rental assistance 1253 |
---|
| 1472 | + | program, the federal Housing Choice Voucher Program, or any other 1254 |
---|
| 1473 | + | program administered by the state that provides rental payment 1255 |
---|
| 1474 | + | subsidies for residential dwellings; and 1256 |
---|
| 1475 | + | (4) "Common application" means a standardized application form 1257 |
---|
| 1476 | + | developed by the commissioner, the Connecticut Housing Finance 1258 |
---|
| 1477 | + | Authority and certain public housing authorities for affordable housing 1259 |
---|
| 1478 | + | in the state. 1260 |
---|
| 1479 | + | (b) The commissioner, in consultation with the Connecticut Housing 1261 Raised Bill No. 6781 |
---|
| 1480 | + | |
---|
| 1481 | + | |
---|
| 1482 | + | |
---|
| 1483 | + | LCO No. 4709 41 of 56 |
---|
| 1484 | + | |
---|
| 1485 | + | Finance Authority and representatives of any public housing authority 1262 |
---|
| 1486 | + | located in the state selected by the commissioner, shall develop and 1263 |
---|
| 1487 | + | implement a common application for any individual or family seeking 1264 |
---|
| 1488 | + | benefits under an affordable housing program in the state not later than 1265 |
---|
| 1489 | + | July 1, 2024. 1266 |
---|
| 1490 | + | (c) On and after July 1, 2024, any entity in the state that administers 1267 |
---|
| 1491 | + | any affordable housing program shall accept a common application 1268 |
---|
| 1492 | + | submitted by any individual or family seeking affordable housing. 1269 |
---|
| 1493 | + | (d) The commissioner may adopt regulations, in accordance with the 1270 |
---|
| 1494 | + | provisions of chapter 54 of the general statutes, to carry out the purposes 1271 |
---|
| 1495 | + | of this section. 1272 |
---|
| 1496 | + | Sec. 28. (NEW) (Effective October 1, 2023) (a) The Commissioner of 1273 |
---|
| 1497 | + | Housing, within available appropriations, and in consultation with the 1274 |
---|
| 1498 | + | Connecticut Housing Finance Authority and representatives of any 1275 |
---|
| 1499 | + | public housing authority in the state selected by the commissioner, shall 1276 |
---|
| 1500 | + | establish a program to encourage and recruit owners of rental real 1277 |
---|
| 1501 | + | property to accept from prospective tenants any federal Housing Choice 1278 |
---|
| 1502 | + | Voucher, rental assistance program certificate, or payment from any 1279 |
---|
| 1503 | + | other program administered by the state that provides rental payment 1280 |
---|
| 1504 | + | subsidies for residential dwellings. Such program may include, but need 1281 |
---|
| 1505 | + | not be limited to, advertisements, community outreach events and 1282 |
---|
| 1506 | + | communications to owners of rental real property who utilize other 1283 |
---|
| 1507 | + | programs concerning such property administered by the state. 1284 |
---|
| 1508 | + | (b) Not later than October 1, 2024, and annually thereafter, the 1285 |
---|
| 1509 | + | commissioner shall submit a report concerning (1) the program, 1286 |
---|
| 1510 | + | including an analysis of the effectiveness of the program in recruiting 1287 |
---|
| 1511 | + | owners of rental real property to accept vouchers, certificates and any 1288 |
---|
| 1512 | + | other rental payment subsidies, and (2) the commissioner's 1289 |
---|
| 1513 | + | recommendations concerning the program, to the joint standing 1290 |
---|
| 1514 | + | committee of the General Assembly having cognizance of matters 1291 |
---|
| 1515 | + | relating to housing, in accordance with the provisions of section 11-4a 1292 |
---|
| 1516 | + | of the general statutes. 1293 Raised Bill No. 6781 |
---|
| 1517 | + | |
---|
| 1518 | + | |
---|
| 1519 | + | |
---|
| 1520 | + | LCO No. 4709 42 of 56 |
---|
| 1521 | + | |
---|
| 1522 | + | Sec. 29. (Effective from passage) (a) The Commissioner of Housing shall, 1294 |
---|
| 1523 | + | within available appropriations, conduct a study on methods to 1295 |
---|
| 1524 | + | improve the efficiency of processing applications for the rental 1296 |
---|
| 1525 | + | assistance program. In conducting the study, the commissioner shall 1297 |
---|
| 1526 | + | consider the following: 1298 |
---|
| 1527 | + | (1) An analysis of the current processing time for rental assistance 1299 |
---|
| 1528 | + | applications, including, but not limited to, relevant inspection timelines; 1300 |
---|
| 1529 | + | (2) An assessment of the current application process, including any 1301 |
---|
| 1530 | + | barriers or challenges to applicants or rental real property owners; 1302 |
---|
| 1531 | + | (3) Recommendations for improving the efficiency of the application 1303 |
---|
| 1532 | + | process, including the use of technology and alternative processing 1304 |
---|
| 1533 | + | methods; and 1305 |
---|
| 1534 | + | (4) An estimate of the cost associated with implementing any 1306 |
---|
| 1535 | + | recommended improvements. 1307 |
---|
| 1536 | + | (b) Not later than January 1, 2024, the commissioner shall submit a 1308 |
---|
| 1537 | + | report on its findings and recommendations to the joint standing 1309 |
---|
| 1538 | + | committee of the General Assembly having cognizance of matters 1310 |
---|
| 1539 | + | relating to housing, in accordance with the provisions of section 11-4a 1311 |
---|
| 1540 | + | of the general statutes. The report shall include the findings of the 1312 |
---|
| 1541 | + | commissioner and the commissioner's recommendations for improving 1313 |
---|
| 1542 | + | the efficiency of processing applications for the rental assistance 1314 |
---|
| 1543 | + | program. 1315 |
---|
| 1544 | + | Sec. 30. Section 8-345 of the general statutes is repealed and the 1316 |
---|
| 1545 | + | following is substituted in lieu thereof (Effective October 1, 2023): 1317 |
---|
| 1546 | + | (a) The Commissioner of Housing shall implement and administer a 1318 |
---|
| 1547 | + | program of rental assistance for low-income families living in privately-1319 |
---|
| 1548 | + | owned rental housing. For the purposes of this section, a low-income 1320 |
---|
| 1549 | + | family is one whose income does not exceed fifty per cent of the median 1321 |
---|
| 1550 | + | family income for the area of the state in which such family lives, as 1322 |
---|
| 1551 | + | determined by the commissioner. 1323 Raised Bill No. 6781 |
---|
| 1552 | + | |
---|
| 1553 | + | |
---|
| 1554 | + | |
---|
| 1555 | + | LCO No. 4709 43 of 56 |
---|
| 1556 | + | |
---|
| 1557 | + | (b) Housing eligible for participation in the program shall comply 1324 |
---|
| 1558 | + | with applicable state and local health, housing, building and safety 1325 |
---|
| 1559 | + | codes. 1326 |
---|
| 1560 | + | (c) In addition to an element in which rental assistance certificates are 1327 |
---|
| 1561 | + | made available to qualified tenants, to be used in eligible housing which 1328 |
---|
| 1562 | + | such tenants are able to locate, the program may include a housing 1329 |
---|
| 1563 | + | support element in which rental assistance for tenants is linked to 1330 |
---|
| 1564 | + | participation by the property owner in other municipal, state or federal 1331 |
---|
| 1565 | + | housing repair, rehabilitation or financing programs. The commissioner 1332 |
---|
| 1566 | + | shall use rental assistance under this section so as to encourage the 1333 |
---|
| 1567 | + | preservation of existing housing and the revitalization of 1334 |
---|
| 1568 | + | neighborhoods or the creation of additional rental housing. 1335 |
---|
| 1569 | + | (d) The commissioner may designate a portion of the rental assistance 1336 |
---|
| 1570 | + | available under the program for tenant-based and project-based 1337 |
---|
| 1571 | + | supportive housing units. To the extent practicable rental assistance for 1338 |
---|
| 1572 | + | supportive housing shall adhere to the requirements of the federal 1339 |
---|
| 1573 | + | Housing Choice Voucher Program, 42 USC 1437f(o), relative to 1340 |
---|
| 1574 | + | calculating the tenant's share of the rent to be paid. 1341 |
---|
| 1575 | + | (e) The commissioner shall administer the program under this section 1342 |
---|
| 1576 | + | to promote housing choice for certificate holders and encourage racial 1343 |
---|
| 1577 | + | and economic integration. The commissioner shall affirmatively seek to 1344 |
---|
| 1578 | + | expend all funds appropriated for the program on an annual basis. The 1345 |
---|
| 1579 | + | commissioner shall establish maximum rent levels for each municipality 1346 |
---|
| 1580 | + | in a manner that promotes the use of the program in all municipalities. 1347 |
---|
| 1581 | + | Any certificate issued pursuant to this section may be used for housing 1348 |
---|
| 1582 | + | in any municipality in the state. The commissioner shall inform 1349 |
---|
| 1583 | + | certificate holders that a certificate may be used in any municipality and, 1350 |
---|
| 1584 | + | to the extent practicable, the commissioner shall assist certificate holders 1351 |
---|
| 1585 | + | in finding housing in the municipality of their choice. 1352 |
---|
| 1586 | + | (f) Nothing in this section shall give any person a right to continued 1353 |
---|
| 1587 | + | receipt of rental assistance at any time that the program is not funded. 1354 |
---|
| 1588 | + | (g) The commissioner shall adopt regulations in accordance with the 1355 Raised Bill No. 6781 |
---|
| 1589 | + | |
---|
| 1590 | + | |
---|
| 1591 | + | |
---|
| 1592 | + | LCO No. 4709 44 of 56 |
---|
| 1593 | + | |
---|
| 1594 | + | provisions of chapter 54 to carry out the purposes of this section. The 1356 |
---|
| 1595 | + | regulations shall establish maximum income eligibility guidelines for 1357 |
---|
| 1596 | + | such rental assistance and criteria for determining the amount of rental 1358 |
---|
| 1597 | + | assistance which shall be provided to eligible families. 1359 |
---|
| 1598 | + | (h) Any person aggrieved by a decision of the commissioner or the 1360 |
---|
| 1599 | + | commissioner's agent pursuant to the program under this section shall 1361 |
---|
| 1600 | + | have the right to a hearing in accordance with the provisions of section 1362 |
---|
| 1601 | + | 8-37gg. 1363 |
---|
| 1602 | + | Sec. 31. (NEW) (Effective July 1, 2023) (a) As used in this section: 1364 |
---|
| 1603 | + | (1) "Landlord" has the same meaning as provided in section 47a-1 of 1365 |
---|
| 1604 | + | the general statutes, as amended by this act; 1366 |
---|
| 1605 | + | (2) "Dwelling unit" has the same meaning as provided in section 47a-1367 |
---|
| 1606 | + | 1 of the general statutes, as amended by this act; 1368 |
---|
| 1607 | + | (3) "Program-eligible tenant" means any person or family that is the 1369 |
---|
| 1608 | + | recipient of (A) a rental assistance program certificate issued by the 1370 |
---|
| 1609 | + | state, (B) a voucher issued under the federal Housing Choice Voucher 1371 |
---|
| 1610 | + | program, or (C) any other form of rental subsidy from the state. 1372 |
---|
| 1611 | + | (b) The Commissioner of Housing shall establish a landlord relief 1373 |
---|
| 1612 | + | pilot program designed to provide financial assistance to any eligible 1374 |
---|
| 1613 | + | landlord in the state for any lost rent such landlord may incur in holding 1375 |
---|
| 1614 | + | a dwelling unit for a program-eligible tenant while such tenant seeks 1376 |
---|
| 1615 | + | any necessary approval from the state rental assistance program, federal 1377 |
---|
| 1616 | + | Housing Choice Voucher program or any other state rental subsidy 1378 |
---|
| 1617 | + | provider concerning such tenant's prospective tenancy in the landlord's 1379 |
---|
| 1618 | + | dwelling unit. Such financial assistance shall be limited to two months' 1380 |
---|
| 1619 | + | rent or ten thousand dollars, whichever is less, and shall be prorated 1381 |
---|
| 1620 | + | based on the time between the program-eligible tenant's application for 1382 |
---|
| 1621 | + | the dwelling unit and the date upon which such tenant commences a 1383 |
---|
| 1622 | + | tenancy in the dwelling unit. 1384 |
---|
| 1623 | + | (c) On and after December 1, 2023, the commissioner shall accept 1385 Raised Bill No. 6781 |
---|
| 1624 | + | |
---|
| 1625 | + | |
---|
| 1626 | + | |
---|
| 1627 | + | LCO No. 4709 45 of 56 |
---|
| 1628 | + | |
---|
| 1629 | + | applications, in a form to be specified by the commissioner, from any 1386 |
---|
| 1630 | + | landlord for financial assistance under the pilot program. The 1387 |
---|
| 1631 | + | commissioner shall exclude from the pilot program any landlord 1388 |
---|
| 1632 | + | determined by the commissioner to be in violation of any local housing 1389 |
---|
| 1633 | + | code or chapter 830 of the general statutes. The commissioner may 1390 |
---|
| 1634 | + | adopt additional eligibility criteria for landlords based on inspections of 1391 |
---|
| 1635 | + | a dwelling unit, the amount of rent charged by a landlord, and any other 1392 |
---|
| 1636 | + | criteria the commissioner deems appropriate for the administration of 1393 |
---|
| 1637 | + | the pilot program. 1394 |
---|
| 1638 | + | (d) On or before December 1, 2024, and annually thereafter until 1395 |
---|
| 1639 | + | December 31, 2026, the commissioner shall report, in accordance with 1396 |
---|
| 1640 | + | the provisions of section 11-4a of the general statutes, to the joint 1397 |
---|
| 1641 | + | standing committee of the General Assembly having cognizance of 1398 |
---|
| 1642 | + | matters relating to housing (1) analyzing the success of the pilot 1399 |
---|
| 1643 | + | program in increasing the number of program-eligible tenants obtaining 1400 |
---|
| 1644 | + | tenancy in the state, and (2) recommending whether a permanent 1401 |
---|
| 1645 | + | program should be established in the state and, if so, any proposed 1402 |
---|
| 1646 | + | legislation for such program. 1403 |
---|
| 1647 | + | (h) The pilot program established pursuant to this section shall 1404 |
---|
| 1648 | + | terminate on December 31, 2026. 1405 |
---|
| 1649 | + | Sec. 32. Section 12-494 of the general statutes is repealed and the 1406 |
---|
| 1650 | + | following is substituted in lieu thereof (Effective July 1, 2023): 1407 |
---|
| 1651 | + | (a) There is imposed a tax on each deed, instrument or writing, 1408 |
---|
| 1652 | + | whereby any lands, tenements or other realty is granted, assigned, 1409 |
---|
| 1653 | + | transferred or otherwise conveyed to, or vested in, the purchaser, or any 1410 |
---|
| 1654 | + | other person by such purchaser's direction, when the consideration for 1411 |
---|
| 1655 | + | the interest or property conveyed equals or exceeds two thousand 1412 |
---|
| 1656 | + | dollars: 1413 |
---|
| 1657 | + | (1) Subject to the provisions of [subsection] subsections (b) and (c) of 1414 |
---|
| 1658 | + | this section, at the rate of three-quarters of one per cent of the 1415 |
---|
| 1659 | + | consideration for the interest in real property conveyed by such deed, 1416 |
---|
| 1660 | + | instrument or writing, the revenue from which shall be remitted by the 1417 Raised Bill No. 6781 |
---|
| 1661 | + | |
---|
| 1662 | + | |
---|
| 1663 | + | |
---|
| 1664 | + | LCO No. 4709 46 of 56 |
---|
| 1665 | + | |
---|
| 1666 | + | town clerk of the municipality in which such tax is paid, not later than 1418 |
---|
| 1667 | + | ten days following receipt thereof, to the Commissioner of Revenue 1419 |
---|
| 1668 | + | Services for deposit to the credit of the state General Fund, except as 1420 |
---|
| 1669 | + | provided in subsection (e) of this section; and 1421 |
---|
| 1670 | + | (2) At the rate of one-fourth of one per cent of the consideration for 1422 |
---|
| 1671 | + | the interest in real property conveyed by such deed, instrument or 1423 |
---|
| 1672 | + | writing, provided the amount imposed under this subdivision shall 1424 |
---|
| 1673 | + | become part of the general revenue of the municipality in accordance 1425 |
---|
| 1674 | + | with section 12-499. 1426 |
---|
| 1675 | + | (b) The rate of tax imposed under subdivision (1) of subsection (a) of 1427 |
---|
| 1676 | + | this section shall, in lieu of the rate under said subdivision (1), be 1428 |
---|
| 1677 | + | imposed on certain conveyances as follows: 1429 |
---|
| 1678 | + | (1) In the case of any conveyance of real property which at the time 1430 |
---|
| 1679 | + | of such conveyance is used for any purpose other than residential use, 1431 |
---|
| 1680 | + | except unimproved land, the tax under said subdivision (1) shall be 1432 |
---|
| 1681 | + | imposed at the rate of one and one-quarter per cent of the consideration 1433 |
---|
| 1682 | + | for the interest in real property conveyed; 1434 |
---|
| 1683 | + | (2) [In] Except as provided in subsection (c) of this section, in the case 1435 |
---|
| 1684 | + | of any conveyance in which the real property conveyed is a residential 1436 |
---|
| 1685 | + | estate, including a primary dwelling and any auxiliary housing or 1437 |
---|
| 1686 | + | structures, regardless of the number of deeds, instruments or writings 1438 |
---|
| 1687 | + | used to convey such residential real estate, for which the consideration 1439 |
---|
| 1688 | + | or aggregate consideration, as the case may be, in such conveyance is 1440 |
---|
| 1689 | + | eight hundred thousand dollars or more, the tax under said subdivision 1441 |
---|
| 1690 | + | (1) shall be imposed: 1442 |
---|
| 1691 | + | (A) At the rate of three-quarters of one per cent on that portion of 1443 |
---|
| 1692 | + | such consideration up to and including the amount of eight hundred 1444 |
---|
| 1693 | + | thousand dollars; 1445 |
---|
| 1694 | + | (B) Prior to July 1, 2020, at the rate of one and one-quarter per cent on 1446 |
---|
| 1695 | + | that portion of such consideration in excess of eight hundred thousand 1447 |
---|
| 1696 | + | dollars; and 1448 Raised Bill No. 6781 |
---|
| 1697 | + | |
---|
| 1698 | + | |
---|
| 1699 | + | |
---|
| 1700 | + | LCO No. 4709 47 of 56 |
---|
| 1701 | + | |
---|
| 1702 | + | (C) On and after July 1, 2020, (i) at the rate of one and one-quarter per 1449 |
---|
| 1703 | + | cent on that portion of such consideration in excess of eight hundred 1450 |
---|
| 1704 | + | thousand dollars up to and including the amount of two million five 1451 |
---|
| 1705 | + | hundred thousand dollars, and (ii) at the rate of two and one-quarter 1452 |
---|
| 1706 | + | per cent on that portion of such consideration in excess of two million 1453 |
---|
| 1707 | + | five hundred thousand dollars; and 1454 |
---|
| 1708 | + | (3) In the case of any conveyance in which real property on which 1455 |
---|
| 1709 | + | mortgage payments have been delinquent for not less than six months 1456 |
---|
| 1710 | + | is conveyed to a financial institution or its subsidiary that holds such a 1457 |
---|
| 1711 | + | delinquent mortgage on such property, the tax under said subdivision 1458 |
---|
| 1712 | + | (1) shall be imposed at the rate of three-quarters of one per cent of the 1459 |
---|
| 1713 | + | consideration for the interest in real property conveyed. For the 1460 |
---|
| 1714 | + | purposes of subdivision (1) of this subsection, "unimproved land" 1461 |
---|
| 1715 | + | includes land designated as farm, forest or open space land. 1462 |
---|
| 1716 | + | (c) On and after July 1, 2023, for a purchaser that is a business entity 1463 |
---|
| 1717 | + | other than a sole proprietorship, limited liability company or limited 1464 |
---|
| 1718 | + | partnership, in the case of any conveyance in which the real property 1465 |
---|
| 1719 | + | conveyed is a residential estate, including a primary dwelling and any 1466 |
---|
| 1720 | + | auxiliary housing or structures, regardless of the number of deeds, 1467 |
---|
| 1721 | + | instruments or writings used to convey such residential real estate, the 1468 |
---|
| 1722 | + | rate of tax shall, in lieu of the rate under subdivision (1) of subsection (a) 1469 |
---|
| 1723 | + | of this section or subdivision (2) of subsection (b) of this section, be 1470 |
---|
| 1724 | + | imposed: 1471 |
---|
| 1725 | + | (1) At the rate of one per cent on that portion of such consideration 1472 |
---|
| 1726 | + | up to and including the amount of eight hundred thousand dollars; 1473 |
---|
| 1727 | + | (2) At the rate of one and one-half per cent on that portion of such 1474 |
---|
| 1728 | + | consideration in excess of eight hundred thousand dollars up to and 1475 |
---|
| 1729 | + | including the amount of two million five hundred thousand dollars; and 1476 |
---|
| 1730 | + | (3) At the rate of two and one-half per cent on that portion of such 1477 |
---|
| 1731 | + | consideration in excess of two million five hundred thousand dollars. 1478 |
---|
| 1732 | + | [(c)] (d) In addition to the tax imposed under subsection (a) of this 1479 Raised Bill No. 6781 |
---|
| 1733 | + | |
---|
| 1734 | + | |
---|
| 1735 | + | |
---|
| 1736 | + | LCO No. 4709 48 of 56 |
---|
| 1737 | + | |
---|
| 1738 | + | section, any targeted investment community, as defined in section 32-1480 |
---|
| 1739 | + | 222, or any municipality in which properties designated as 1481 |
---|
| 1740 | + | manufacturing plants under section 32-75c are located, may, on or after 1482 |
---|
| 1741 | + | March 15, 2003, impose an additional tax on each deed, instrument or 1483 |
---|
| 1742 | + | writing, whereby any lands, tenements or other realty is granted, 1484 |
---|
| 1743 | + | assigned, transferred or otherwise conveyed to, or vested in, the 1485 |
---|
| 1744 | + | purchaser, or any other person by [his] such purchaser's direction, when 1486 |
---|
| 1745 | + | the consideration for the interest or property conveyed equals or 1487 |
---|
| 1746 | + | exceeds two thousand dollars, which additional tax shall be at a rate of 1488 |
---|
| 1747 | + | up to one-fourth of one per cent of the consideration for the interest in 1489 |
---|
| 1748 | + | real property conveyed by such deed, instrument or writing. The 1490 |
---|
| 1749 | + | revenue from such additional tax shall become part of the general 1491 |
---|
| 1750 | + | revenue of the municipality in accordance with section 12-499. 1492 |
---|
| 1751 | + | (e) On and after July 1, 2023, the Comptroller shall transfer from the 1493 |
---|
| 1752 | + | General Fund to the Housing Trust Fund established under section 8-1494 |
---|
| 1753 | + | 336o, as amended by this act, any revenue received by the state each 1495 |
---|
| 1754 | + | fiscal year in excess of one hundred eighty million dollars from the tax 1496 |
---|
| 1755 | + | imposed under subsections (a) to (c), inclusive, of this section. On and 1497 |
---|
| 1756 | + | after July 1, 2024, the threshold amount shall be adjusted annually by 1498 |
---|
| 1757 | + | the percentage increase in inflation. As used in this subdivision, 1499 |
---|
| 1758 | + | "increase in inflation" means the increase in the consumer price index 1500 |
---|
| 1759 | + | for all urban consumers during the preceding calendar year, calculated 1501 |
---|
| 1760 | + | on a December over December basis, using data reported by the United 1502 |
---|
| 1761 | + | States Bureau of Labor Statistics. 1503 |
---|
| 1762 | + | Sec. 33. Section 12-498 of the general statutes is repealed and the 1504 |
---|
| 1763 | + | following is substituted in lieu thereof (Effective July 1, 2023): 1505 |
---|
| 1764 | + | (a) The tax imposed by section 12-494, as amended by this act, shall 1506 |
---|
| 1765 | + | not apply to: 1507 |
---|
| 1766 | + | (1) Deeds [which] that this state is prohibited from taxing under the 1508 |
---|
| 1767 | + | Constitution or laws of the United States; 1509 |
---|
| 1768 | + | (2) Deeds [which] that secure a debt or other obligation; 1510 Raised Bill No. 6781 |
---|
| 1769 | + | |
---|
| 1770 | + | |
---|
| 1771 | + | |
---|
| 1772 | + | LCO No. 4709 49 of 56 |
---|
| 1773 | + | |
---|
| 1774 | + | (3) Deeds to which this state or any of its political subdivisions or its 1511 |
---|
| 1775 | + | or their respective agencies is a party; 1512 |
---|
| 1776 | + | (4) Tax deeds; 1513 |
---|
| 1777 | + | (5) Deeds of release of property [which] that is security for a debt or 1514 |
---|
| 1778 | + | other obligation; 1515 |
---|
| 1779 | + | (6) Deeds of partition; 1516 |
---|
| 1780 | + | (7) Deeds made pursuant to mergers of corporations; 1517 |
---|
| 1781 | + | (8) Deeds made by a subsidiary corporation to its parent corporation 1518 |
---|
| 1782 | + | for no consideration other than the cancellation or surrender of the 1519 |
---|
| 1783 | + | subsidiary's stock; 1520 |
---|
| 1784 | + | (9) Deeds made pursuant to a decree of the Superior Court under 1521 |
---|
| 1785 | + | section 46b-81, 49-24 or 52-495 or pursuant to a judgment of foreclosure 1522 |
---|
| 1786 | + | by market sale under section 49-24 or pursuant to a judgment of loss 1523 |
---|
| 1787 | + | mitigation under section 49-30t or 49-30u; 1524 |
---|
| 1788 | + | (10) Deeds, when the consideration for the interest or property 1525 |
---|
| 1789 | + | conveyed is less than two thousand dollars; 1526 |
---|
| 1790 | + | (11) Deeds between affiliated corporations, provided both of such 1527 |
---|
| 1791 | + | corporations are exempt from taxation pursuant to paragraph (2), (3) or 1528 |
---|
| 1792 | + | (25) of Section 501(c) of the Internal Revenue Code of 1986, or any 1529 |
---|
| 1793 | + | subsequent corresponding internal revenue code of the United States, 1530 |
---|
| 1794 | + | as amended from time to time; 1531 |
---|
| 1795 | + | (12) Deeds made by a corporation [which] that is exempt from 1532 |
---|
| 1796 | + | taxation pursuant to paragraph (3) of Section 501(c) of the Internal 1533 |
---|
| 1797 | + | Revenue Code of 1986, or any subsequent corresponding internal 1534 |
---|
| 1798 | + | revenue code of the United States, as amended from time to time, to any 1535 |
---|
| 1799 | + | corporation which is exempt from taxation pursuant to said paragraph 1536 |
---|
| 1800 | + | (3) of said Section 501(c); 1537 |
---|
| 1801 | + | (13) Deeds made to any nonprofit organization [which] that is 1538 Raised Bill No. 6781 |
---|
| 1802 | + | |
---|
| 1803 | + | |
---|
| 1804 | + | |
---|
| 1805 | + | LCO No. 4709 50 of 56 |
---|
| 1806 | + | |
---|
| 1807 | + | organized for the purpose of holding undeveloped land in trust for 1539 |
---|
| 1808 | + | conservation or recreation purposes; 1540 |
---|
| 1809 | + | (14) Deeds between spouses; 1541 |
---|
| 1810 | + | (15) Deeds of property for the Adriaen's Landing site or the stadium 1542 |
---|
| 1811 | + | facility site, for purposes of the overall project, each as defined in section 1543 |
---|
| 1812 | + | 32-651; 1544 |
---|
| 1813 | + | (16) Land transfers made on or after July 1, 1998, to a water company, 1545 |
---|
| 1814 | + | as defined in section 16-1, provided the land is classified as class I or 1546 |
---|
| 1815 | + | class II land, as defined in section 25-37c, after such transfer; 1547 |
---|
| 1816 | + | (17) Transfers or conveyances to effectuate a mere change of identity 1548 |
---|
| 1817 | + | or form of ownership or organization, where there is no change in 1549 |
---|
| 1818 | + | beneficial ownership; 1550 |
---|
| 1819 | + | (18) Conveyances of residential property [which] that occur not later 1551 |
---|
| 1820 | + | than six months after the date on which the property was previously 1552 |
---|
| 1821 | + | conveyed to the transferor if the transferor is (A) an employer [which] 1553 |
---|
| 1822 | + | that acquired the property from an employee pursuant to an employee 1554 |
---|
| 1823 | + | relocation plan, or (B) an entity in the business of purchasing and selling 1555 |
---|
| 1824 | + | residential property of employees who are being relocated pursuant to 1556 |
---|
| 1825 | + | such a plan; 1557 |
---|
| 1826 | + | (19) Deeds in lieu of foreclosure that transfer the transferor's principal 1558 |
---|
| 1827 | + | residence; 1559 |
---|
| 1828 | + | (20) Any instrument that transfers the transferor's principal residence 1560 |
---|
| 1829 | + | where the gross purchase price is insufficient to pay the sum of (A) 1561 |
---|
| 1830 | + | mortgages encumbering the property transferred, and (B) any real 1562 |
---|
| 1831 | + | property taxes and municipal utility or other charges for which the 1563 |
---|
| 1832 | + | municipality may place a lien on the property and [which] that have 1564 |
---|
| 1833 | + | priority over the mortgages encumbering the property transferred; 1565 |
---|
| 1834 | + | [and] 1566 |
---|
| 1835 | + | (21) Deeds that transfer the transferor's principal residence, where 1567 |
---|
| 1836 | + | such residence has a concrete foundation that has deteriorated due to 1568 Raised Bill No. 6781 |
---|
| 1837 | + | |
---|
| 1838 | + | |
---|
| 1839 | + | |
---|
| 1840 | + | LCO No. 4709 51 of 56 |
---|
| 1841 | + | |
---|
| 1842 | + | the presence of pyrrhotite and such transferor has obtained a written 1569 |
---|
| 1843 | + | evaluation from a professional engineer licensed pursuant to chapter 1570 |
---|
| 1844 | + | 391 indicating that the foundation of such residence was made with 1571 |
---|
| 1845 | + | defective concrete. The exemption authorized under this subdivision 1572 |
---|
| 1846 | + | shall (A) apply to the first transfer of such residence after such written 1573 |
---|
| 1847 | + | evaluation has been obtained, and (B) not be available to a transferor 1574 |
---|
| 1848 | + | who has received financial assistance to repair or replace such 1575 |
---|
| 1849 | + | foundation from the Crumbling Foundations Assistance Fund 1576 |
---|
| 1850 | + | established under section 8-441; and 1577 |
---|
| 1851 | + | (22) Deeds of property with dwelling units where all such units are 1578 |
---|
| 1852 | + | deed restricted as affordable housing, as defined in section 8-39a. For 1579 |
---|
| 1853 | + | deeds of property with dwelling units where a portion of such units are 1580 |
---|
| 1854 | + | subject to such deed restrictions, the exemption authorized under this 1581 |
---|
| 1855 | + | subdivision shall apply only with respect to the dwelling units subject 1582 |
---|
| 1856 | + | to such deed restrictions and such exemption shall be reduced 1583 |
---|
| 1857 | + | proportionally based on the number of units not subject to such deed 1584 |
---|
| 1858 | + | restrictions. 1585 |
---|
| 1859 | + | (b) The tax imposed by subdivision (1) of subsection (a) of section 12-1586 |
---|
| 1860 | + | 494, as amended by this act, shall not apply to: 1587 |
---|
| 1861 | + | (1) Deeds of the principal residence of any person approved for 1588 |
---|
| 1862 | + | assistance under section 12-129b or 12-170aa for the current assessment 1589 |
---|
| 1863 | + | year of the municipality in which such person resides or to any such 1590 |
---|
| 1864 | + | transfer [which] that occurs within fifteen months of the completion of 1591 |
---|
| 1865 | + | any municipal assessment year for which such person qualified for such 1592 |
---|
| 1866 | + | assistance; 1593 |
---|
| 1867 | + | (2) Deeds of property located in an area designated as an enterprise 1594 |
---|
| 1868 | + | zone in accordance with section 32-70; and 1595 |
---|
| 1869 | + | (3) Deeds of property located in an entertainment district designated 1596 |
---|
| 1870 | + | under section 32-76 or established under section 2 of public act 93-311. 1597 |
---|
| 1871 | + | Sec. 34. Section 8-336o of the general statutes is repealed and the 1598 |
---|
| 1872 | + | following is substituted in lieu thereof (Effective July 1, 2023): 1599 Raised Bill No. 6781 |
---|
| 1873 | + | |
---|
| 1874 | + | |
---|
| 1875 | + | |
---|
| 1876 | + | LCO No. 4709 52 of 56 |
---|
| 1877 | + | |
---|
| 1878 | + | (a) There is established the "Housing Trust Fund" which shall be a 1600 |
---|
| 1879 | + | nonlapsing fund held by the Treasurer separate and apart from all other 1601 |
---|
| 1880 | + | moneys, funds and accounts. The following funds shall be deposited in 1602 |
---|
| 1881 | + | the fund in addition to any moneys required by law to be deposited in 1603 |
---|
| 1882 | + | the fund: (1) Proceeds of bonds authorized by section 8-336n and section 1604 |
---|
| 1883 | + | 35 of this act; (2) all moneys received in return for financial assistance 1605 |
---|
| 1884 | + | awarded from the Housing Trust Fund pursuant to the Housing Trust 1606 |
---|
| 1885 | + | Fund program established under section 8-336p; (3) all private 1607 |
---|
| 1886 | + | contributions received pursuant to section 8-336p; and (4) to the extent 1608 |
---|
| 1887 | + | not otherwise prohibited by state or federal law, any local, state or 1609 |
---|
| 1888 | + | federal funds received pursuant to section 8-336p. Investment earnings 1610 |
---|
| 1889 | + | credited to the assets of said fund shall become part of the assets of said 1611 |
---|
| 1890 | + | fund. The Treasurer shall invest the moneys held by the Housing Trust 1612 |
---|
| 1891 | + | Fund subject to use for financial assistance under the Housing Trust 1613 |
---|
| 1892 | + | Fund program. 1614 |
---|
| 1893 | + | (b) Any moneys held in the Housing Trust Fund may, pending the 1615 |
---|
| 1894 | + | use or application of the proceeds thereof for an authorized purpose, be 1616 |
---|
| 1895 | + | (1) invested and reinvested in such obligations, securities and 1617 |
---|
| 1896 | + | investments as are set forth in subsection (f) of section 3-20, in 1618 |
---|
| 1897 | + | participation certificates in the Short Term Investment Fund created 1619 |
---|
| 1898 | + | under sections 3-27a and 3-27f and in participation certificates or 1620 |
---|
| 1899 | + | securities of the Tax-Exempt Proceeds Fund created under section 3-24a, 1621 |
---|
| 1900 | + | (2) deposited or redeposited in such bank or banks at the direction of 1622 |
---|
| 1901 | + | the Treasurer, or (3) invested in participation units in the combined 1623 |
---|
| 1902 | + | investment funds, as defined in section 3-31b. Unless otherwise 1624 |
---|
| 1903 | + | provided pursuant to subsection (c) of this section, proceeds from 1625 |
---|
| 1904 | + | investments authorized by this subsection shall be credited to the 1626 |
---|
| 1905 | + | Housing Trust Fund. 1627 |
---|
| 1906 | + | (c) The moneys of the Housing Trust Fund shall be used to fund the 1628 |
---|
| 1907 | + | Housing Trust Fund program established under section 8-336p and for 1629 |
---|
| 1908 | + | the purposes set forth in subsection (b) of section 35 of this act, and are 1630 |
---|
| 1909 | + | in addition to any other resources available from state, federal or other 1631 |
---|
| 1910 | + | entities that support the program goals established in [said] section 8-1632 |
---|
| 1911 | + | 336p. 1633 Raised Bill No. 6781 |
---|
| 1912 | + | |
---|
| 1913 | + | |
---|
| 1914 | + | |
---|
| 1915 | + | LCO No. 4709 53 of 56 |
---|
| 1916 | + | |
---|
| 1917 | + | Sec. 35. (NEW) (Effective July 1, 2023) (a) For the purposes described 1634 |
---|
| 1918 | + | in subsection (b) of this section, the State Bond Commission shall have 1635 |
---|
| 1919 | + | the power from time to time to authorize the issuance of bonds of the 1636 |
---|
| 1920 | + | state in one or more series and in principal amounts not exceeding in 1637 |
---|
| 1921 | + | the aggregate seventy-five million dollars. 1638 |
---|
| 1922 | + | (b) The proceeds of the sale of such bonds, to the extent of the amount 1639 |
---|
| 1923 | + | stated in subsection (a) of this section, shall be used by the Department 1640 |
---|
| 1924 | + | of Housing for the purpose of providing grants-in-aid for construction 1641 |
---|
| 1925 | + | and renovation costs for the conversion of hotels, malls and office 1642 |
---|
| 1926 | + | buildings to multifamily dwellings in nondistressed municipalities. 1643 |
---|
| 1927 | + | (c) All provisions of section 3-20 of the general statutes, or the exercise 1644 |
---|
| 1928 | + | of any right or power granted thereby, that are not inconsistent with the 1645 |
---|
| 1929 | + | provisions of this section are hereby adopted and shall apply to all 1646 |
---|
| 1930 | + | bonds authorized by the State Bond Commission pursuant to this 1647 |
---|
| 1931 | + | section. Temporary notes in anticipation of the money to be derived 1648 |
---|
| 1932 | + | from the sale of any such bonds so authorized may be issued in 1649 |
---|
| 1933 | + | accordance with section 3-20 of the general statutes and from time to 1650 |
---|
| 1934 | + | time renewed. Such bonds shall mature at such time or times not 1651 |
---|
| 1935 | + | exceeding twenty years from their respective dates as may be provided 1652 |
---|
| 1936 | + | in or pursuant to the resolution or resolutions of the State Bond 1653 |
---|
| 1937 | + | Commission authorizing such bonds. None of such bonds shall be 1654 |
---|
| 1938 | + | authorized except upon a finding by the State Bond Commission that 1655 |
---|
| 1939 | + | there has been filed with it a request for such authorization that is signed 1656 |
---|
| 1940 | + | by or on behalf of the Secretary of the Office of Policy and Management 1657 |
---|
| 1941 | + | and states such terms and conditions as said commission, in its 1658 |
---|
| 1942 | + | discretion, may require. Such bonds issued pursuant to this section shall 1659 |
---|
| 1943 | + | be general obligations of the state and the full faith and credit of the state 1660 |
---|
| 1944 | + | of Connecticut are pledged for the payment of the principal of and 1661 |
---|
| 1945 | + | interest on such bonds as the same become due, and accordingly and as 1662 |
---|
| 1946 | + | part of the contract of the state with the holders of such bonds, 1663 |
---|
| 1947 | + | appropriation of all amounts necessary for punctual payment of such 1664 |
---|
| 1948 | + | principal and interest is hereby made, and the State Treasurer shall pay 1665 |
---|
| 1949 | + | such principal and interest as the same become due. 1666 Raised Bill No. 6781 |
---|
| 1950 | + | |
---|
| 1951 | + | |
---|
| 1952 | + | |
---|
| 1953 | + | LCO No. 4709 54 of 56 |
---|
| 1954 | + | |
---|
| 1955 | + | Sec. 36. (Effective July 1, 2023) The sum of twenty million dollars is 1667 |
---|
| 1956 | + | appropriated to the Department of Housing from the General Fund, for 1668 |
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| 1957 | + | the fiscal years ending June 30, 2024, and June 30, 2025, for Coordinated 1669 |
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| 1958 | + | Access Networks. 1670 |
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| 1959 | + | Sec. 37. (Effective July 1, 2023) The sum of ____ dollars is appropriated 1671 |
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| 1960 | + | to the Department of Housing from the General Fund, for the fiscal 1672 |
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| 1961 | + | years ending June 30, 2024, and June 30, 2025, for the rental assistance 1673 |
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| 1962 | + | program. 1674 |
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| 1963 | + | Sec. 38. (Effective July 1, 2023) The sum of two million dollars is 1675 |
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| 1964 | + | appropriated to the Department of Housing from the General Fund, for 1676 |
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| 1965 | + | the fiscal years ending June 30, 2024, and June 30, 2025, for the 2-1-1 1677 |
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| 1966 | + | program. 1678 |
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| 1967 | + | Sec. 39. (Effective July 1, 2023) The sum of five million dollars is 1679 |
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| 1968 | + | appropriated to the Department of Housing from the General Fund, for 1680 |
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| 1969 | + | the fiscal years ending June 30, 2024, and June 30, 2025, for diversionary 1681 |
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| 1970 | + | and flexible housing programs. 1682 |
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| 1971 | + | Sec. 40. (Effective July 1, 2023) The sum of two hundred fifty thousand 1683 |
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| 1972 | + | dollars is appropriated to the Office of Policy and Management from the 1684 |
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| 1973 | + | General Fund, for the fiscal year ending June 30, 2024, to hire a 1685 |
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| 1974 | + | consultant to develop model codes that may be adopted by 1686 |
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| 1975 | + | municipalities in the state. 1687 |
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| 1976 | + | Sec. 41. (Effective July 1, 2023) The sum of five million dollars is 1688 |
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| 1977 | + | appropriated to the Office of Policy and Management from the General 1689 |
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| 1978 | + | Fund, for the fiscal years ending June 30, 2024, and June 30, 2025, to 1690 |
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| 1979 | + | provide grants to any regional council of governments for the 1691 |
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| 1980 | + | development of regional housing inspection programs. 1692 |
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| 1981 | + | Sec. 42. (Effective July 1, 2023) The sum of five million dollars is 1693 |
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| 1982 | + | appropriated to the Department of Housing from the General Fund, for 1694 |
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| 1983 | + | the fiscal year ending June 30, 2024, for the landlord relief pilot program, 1695 |
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| 1984 | + | as provided in section 32 of this act. 1696 Raised Bill No. 6781 |
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| 1985 | + | |
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| 1986 | + | |
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| 1987 | + | |
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| 1988 | + | LCO No. 4709 55 of 56 |
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| 1989 | + | |
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