O F F I C E O F L E G I S L A T I V E R E S E A R C H
P U B L I C A C T S U M M A R Y
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PA 23-207—sSB 998
Planning and Development Committee
Appropriations Committee
Finance, Revenue and Bonding Committee
AN ACT ESTABLISHING A TAX ABATEMENT FOR CERTAIN
CONSERVATION EASEMEN TS AND ADDRESSING HO USING
AFFORDABILITY FOR RE SIDENTS IN THE STATE
TABLE OF CONTENTS:
§§ 1 & 2 — MUNICIPAL PROGRAMS TO ABATE PROPERTY TAXES FOR
CERTAIN CONSERVATION RESTRICTIONS
Allows municipalities, by ordinance, to establish a program abating property taxes for qualifying
portions of a taxpayer’s land that are subject to a conservation easement preserving its use as a
recreational trail and specifies that municipalities may recommend in their POCDs that portions
of land meeting certain greenways criteria be preserved as open space
§ 3 — INCREASED FINES FOR HOUSING VIOLATIONS
Allows (1) municipalities to set civil penalties of up to $2,000 per day against landlords for each
violation of their rules on maintaining safe and sanitary housing and (2) landlords to appeal these
fines to the municipality’s legislative body or board of selectmen under certain circumstances
§§ 4 & 5 — PRE-OCCUPANCY WALK-THROUGHS
Beginning January 1, 2024, requires landlords to give tenants the opportunity to request and
complete a pre-occupancy walk-through of a dwelling unit after or at the time of entering into a
rental agreement; prohibits landlords from keeping any portion of a tenant’s security deposit or
seeking payment for conditions specifically identified during the walk-through
§§ 5 & 6 — LIMITS ON RENTAL APPLICATION-RELATED FEES
Limits rental application-related fees and payments that landlords may require from prospective
tenants; requires landlords to give prospective tenants a copy of any required tenant screening
report or related information, and a receipt or invoice; prohibits landlords from charging tenants
a move-in or move-out fee
§§ 7 & 8 — LIMITS ON LATE FEES FOR OVERDUE RENT
Limits late fees that landlords may impose for overdue rent; prohibits rental agreements from
requiring any late fees that exceed these amounts; prohibits landlords from assessing more than
one late fee on an overdue rent payment
§ 9 — SECURITY DEPOSIT GUARANTEE PROGRAM
Makes various changes to DOH’s Security Deposit Guarantee Program, including, among other
things, expanding program eligibility and reducing the frequency with which a person may apply
for assistance O L R P U B L I C A C T S U M M A R Y
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§ 10 — REQUIRED NOTICE OF PROTECTED TENANT STATUS
Beginning January 1, 2024, requires landlords to give tenants a written DOH notice summarizing
the rights of protected tenants (i.e., generally certain tenants at least age 62 or with a disability)
whenever they rent, or enter or renew an agreement to rent, certain dwelling units; requires that
the notice be available in both English and Spanish, and eventually additional languages
§§ 11, 12 & 15 — HOUSING AUTHORITY TRAINING AND INFORMATION
REQUIREMENTS
Requires housing authorities (1) receiving state assistance to annually give tenants specified
information and (2) subject to the State Single Audit Act, to include the audit results in their
annual reports; requires all current and new housing authority commissioners to participate in a
training
§§ 13 & 14 — STANDARDIZED RENTAL AGREEME NT AND HOUSING
CODE VIOLATION FORMS IN ENGLISH AND ADDITIONAL
LANGUAGES
Requires (1) DOH to develop standardized rental agreement forms that landlords and tenants may
use, (2) municipal code enforcement agencies to create housing code violation complaint forms
for tenants, (3) that both forms be made available in English and Spanish, and (4) DOH to make
the rental agreement forms available in additional languages by December 1, 2028
§ 16 — MUNICIPAL LANDLORD IDENTIFICATION REQUIREMENTS
Modifies current municipal landlord identification requirements, including generally extending
certain requirements for landlords participating in the federal Housing Choice Voucher program
to nonresident rental property owners; exempts information provided under these requirements
from FOIA
§ 17 — OPM OFFICE OF RESPONSIBLE GROWTH
Statutorily establishes the Office of Responsible Growth within OPM and assigns it various
responsibilities
§ 18 — FAIR SHARE HOUSING ALLOCATION MET HODOLOGY
Requires OPM, by December 1, 2024, to create a methodology meeting certain requirements for
each municipality’s fair share allocation of affordable housing by generally (1) assessing the
affordable housing need in each of the state’s planning regions and (2) fairly allocating this need
to each region’s municipalities
§ 19 — DOH PROGRAM TO INCENTIVIZE LANDLORD PARTICIPATION
IN TENANT-BASED RENTAL ASSISTANCE PROGRAMS
Requires the DOH commissioner, within available appropriations and in consultation with CHFA
and housing authority representatives, to establish a program to incentivize landlord participation
in various tenant-based rental assistance programs
§§ 20 & 21 — DOH RAP STUDY AND PROGRAM E XPENDITURES
Requires the DOH commissioner to (1) study, within available appropriations, ways to improve
the efficiency of processing RAP applications and (2) affirmatively seek to spend all funds
appropriated to the program annually
§ 22 — HOMELESS AND HOUSING INSECURE VETERANS O L R P U B L I C A C T S U M M A R Y
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Requires the Department of Veterans Affairs, within available appropriations, to convert,
rehabilitate, and renovate vacant, underused, or otherwise available properties for housing
homeless or housing insecure veterans
§ 23 — REMOVAL OF CERTAIN EVICTION RECORDS FROM THE
JUDICIAL DEPARTMENT WEBSITE
Requires the Judicial Department to remove records or identifying information on certain eviction
proceedings from its website within a specified time period; prohibits the department from selling
or transferring these removed records for commercial purposes, such as consumer reporting or
tenant screening
§§ 24 & 25 — REAL ESTATE CONVEYANCE TAX EXEMPTIONS AND
TRANSFERS
Exempts conveyances of property with deed-restricted affordable housing dwelling units from the
real estate conveyance tax; requires the state comptroller to transfer state conveyance tax revenue
that exceeds $300 million each fiscal year, annually adjusted for inflation, to the Housing Trust
Fund
§ 26 — HOUSING DISCRIMINATION BASED ON SEXUAL ORIENTATION
Subjects the rental of certain owner-occupied dwelling units to a state law that prohibits housing
discrimination specifically due to a person’s sexual orientation or civil union status
§ 27 — SEWERAGE SYSTEM REGULATORY OVERSI GHT
Transfers from DEEP to DPH regulatory authority over certain small community sewerage
systems and household and small commercial subsurface sewerage disposal systems, requires the
agencies to adopt regulations on them, and applies DEEP’s newly adopted regulations to these
systems beginning January 1, 2025
§§ 28-35 — WORKFORCE HOUSING DEVELOPMENT S
Establishes various state and local financial incentives for individuals and businesses investing in
and developing rental units set aside for designated workforce populations
§ 36 — AFFORDABLE HOUSING ROUNDTABLE GRO UP
Establishes the majority leaders’ roundtable group on affordable housing, consisting of 24
members, to study various topics related to promoting and developing affordable housing in the
state
§ 37 — HOUSING TRUST FUND PROGRAM ADVISO RY COMMITTEE
Eliminates the Housing Trust Fund Program Advisory Committee
§§ 38 & 39 — SECURITY DEPOSIT RETURNS
Generally shortens the deadline for landlords to return a tenant’s security deposit and interest on
deposits
§§ 40 & 41 — PUBLISHING PAYMENT STANDARD S FOR TENANT-
BASED RENTAL ASSISTANCE AND DOH COMMON R ENTAL
APPLICATION FOR HOUSING AUTHORITIES
Requires (1) any housing authority that administers a tenant-based rental assistance program to
publicly post a payment standard (or similar information) within 30 days after setting or updating O L R P U B L I C A C T S U M M A R Y
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it and (2) the housing commissioner to develop a common rental application that housing
authorities may use
§ 42 — SCHOOL BUILDING PROJECT REIMBURSEMENT RATE
Makes boards of education in an “inclusive municipality” eligible for a five-percentage point
increase to their state grant reimbursement rate for school building projects
§ 43 — DOH TEMPORARY HOUSING PILOT PROGRAM
Requires DOH, within available appropriations, to establish a pilot program to provide
temporary housing to individuals experiencing homelessness and veterans who need respite care
SUMMARY: This act makes various changes in laws on housing and the
Department of Housing (DOH), municipalities, housing authorities, and landlords
and tenants, as described in the section-by-section analysis below. It also makes
technical and conforming changes.
EFFECTIVE DATE: Various, see below.
§§ 1 & 2 — MUNICIPAL PROGRAMS TO ABATE P ROPERTY TAXES FOR
CERTAIN CONSERVATION RESTRIC TIONS
Allows municipalities, by ordinance, to establish a program abating property taxes for qualifying
portions of a taxpayer’s land that are subject to a conservation easement preserving its use as a
recreational trail and specifies that municipalities may recommend in their POCDs that portions
of land meeting certain greenways criteria be preserved as open space
The act allows municipalities to adopt an ordinance establishing a program to
abate property taxes for qualifying portions of a taxpayer’s land that are subject to
a conservation restriction preserving its use as a recreational trail. It relatedly
establishes an application and municipal approval process for these abatements.
Under the act, an abatement continues with the land (even if sold or transferred)
until the municipality’s legislative body, or board of selectmen if the legislative
body is a town meeting, votes to end it.
Under existing law, municipalities may designate in their local plans of
conservation and development (POCD) particular areas of land for recommended
preservation as open space, making it eligible for classification as open space for
property tax purposes. The act specifies that this designation may also include
portions of land, including terrestrial recreational trail corridors that meet
Connecticut Greenways Council (CGC)-established criteria for designating
greenways (see Background — CGC Designation Criteria).
EFFECTIVE DATE: October 1, 2023, and the property tax abatement provision is
applicable to assessment years beginning on or after that date.
Eligibility
Under the act, to qualify for a property tax abatement, the portion of land
involved must meet the following criteria:
1. be a terrestrial recreation trail with a clearly defined trail corridor that does O L R P U B L I C A C T S U M M A R Y
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not exceed 100 feet at its widest point;
2. meet CGC’s criteria for designation as a greenway; and
3. be subject to a recorded permanent conservation restriction that (a) is
conveyed to the municipality, the state, or a nonprofit land conservation
organization and (b) does not prohibit public use of the trail for compatible
recreation purposes.
Application and Approval
After the municipality adopts an ordinance for the abatement program, the act
authorizes owners of eligible land to apply to the municipal assessor for an
abatement. The application must be made on an assessor-prescribed form and
include the following:
1. a description of the land;
2. a copy of the land’s permanent conservation restriction;
3. a copy of the owner’s deed;
4. a certified land survey, done by a licensed surveyor, showing the recreation
trail’s boundaries on the owner’s land; and
5. any other information the assessor requires to determine the property’s
eligibility.
The act requires the assessor, within 30 days after receiving the application, to
submit it to the municipality’s legislative body (or board of selectmen if the
legislative body is a town meeting) along with his or her recommendation on
whether it should be approved or denied, based on the act’s eligibility criteria (see
above). The legislative body, or board of selectmen, as applicable, must approve of
the abatement by a vote.
Background — CGC Designation Criteria
In 1995, the legislature created the CGC and required it to set criteria to use for
designating official greenways (CGS § 23-102). To be considered for the
designation, a project must meet at least one of the council’s criteria, which
consider, among other things, whether the project (1) connects existing open
spaces, trail segments, neighborhoods, or transportation centers; (2) is a municipal
project included in a local POCD; (3) is included in a regional council of
governments plan; (4) is sponsored by an organization with a proven record of land
use protection; or (5) may be a key link in an emerging greenway.
§ 3 — INCREASED FINES FOR HOUSING VIOLATIONS
Allows (1) municipalities to set civil penalties of up to $2,000 per day against landlords for each
violation of their rules on maintaining safe and sanitary housing and (2) landlords to appeal these
fines to the municipality’s legislative body or board of selectmen under certain circumstances
Existing law allows municipalities to set penalties of up to $250 for violations
of their regulations and ordinances adopted under their statutorily enumerated
general powers. The act additionally allows municipalities to prescribe civil O L R P U B L I C A C T S U M M A R Y
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penalties of up to $2,000 against rental property owners for each violation of the
municipality’s rules on maintaining safe and sanitary housing. However, the act
requires the municipalities to enforce multiple violations discovered on the same
date as one.
The act allows an owner who is assessed this penalty to appeal to the
municipality’s legislative body, or board of selectmen where the legislative body is
a town meeting, on the grounds that the violation was proximately caused by a
tenant’s deliberate or reckless action.
EFFECTIVE DATE: October 1, 2023
§§ 4 & 5 — PRE-OCCUPANCY WALK-THROUGHS
Beginning January 1, 2024, requires landlords to give tenants the opportunity to request and
complete a pre-occupancy walk-through of a dwelling unit after or at the time of entering into a
rental agreement; prohibits landlords from keeping any portion of a tenant’s security deposit or
seeking payment for conditions specifically identified during the walk-through
Beginning January 1, 2024, the act requires landlords to give tenants the
opportunity to request and complete a pre-occupancy “walk-through” of a dwelling
unit after or at the time of entering into a rental agreement.
Under the act, a “walk-through” is a joint, in-person inspection of a dwelling
unit by the landlord and tenant or their designees to note and list the unit’s existing
conditions, defects, or damages using a DOH checklist. The act requires the DOH
commissioner to prepare this standardized, pre-occupancy walk-through checklist
and make it available on the department’s website by December 1, 2023. During
the walk-through, the landlord and tenant or their designees must note the unit’s
existing conditions, defects, or damages. Afterwards, they must each sign and
receive duplicate copies of the checklist.
When a tenant vacates the dwelling unit, the act prohibits the landlord from
keeping any portion of the tenant’s security deposit or seeking payment for any
condition, defect, or damage noted in the preoccupancy walk-through checklist.
Subject to the rules of evidence, the act makes the checklist admissible in
administrative or judicial proceedings as evidence of the unit’s condition at the
beginning of a tenant’s occupancy but specifies that the list is not conclusive
evidence.
The act specifies that these provisions do not apply to tenancies under rental
agreements entered into before January 1, 2024.
EFFECTIVE DATE: October 1, 2023
§§ 5 & 6 — LIMITS ON RENTAL APPLICATION-RELATED FEES
Limits rental application-related fees and payments that landlords may require from prospective
tenants; requires landlords to give prospective tenants a copy of any required tenant screening
report or related information, and a receipt or invoice; prohibits landlords from charging tenants
a move-in or move-out fee
The act generally prohibits landlords from requiring prospective tenants to pay
any fees, charges, or payments for reviewing, processing, or accepting a rental O L R P U B L I C A C T S U M M A R Y
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application, or make any other payments before or at the start of tenancy, with
certain exceptions. The act excludes from this prohibition (1) security deposits, (2)
advance payments for first month’s rent, (3) deposits for a key or other special
equipment, and (4) fees for a tenant screening report. Under the act, a “tenant
screening report” is a credit report, criminal background report, employment
history report, rental history report, or any combination of these that a landlord uses
to determine a prospective tenant’s suitability.
Beginning on October 1, 2023, the act limits the fee a landlord may charge for
a tenant screening report to $50 plus an inflation adjustment that reflects any
increase in the consumer price index for urban consumers. The housing
commissioner must annually determine this inflation adjustment.
Under the act, landlords that charge a prospective tenant a fee for a tenant
screening report must give him or her (1) (a) a copy of the report or (b) information
that would allow the tenant to request it from the service provider that produced it,
if the landlord is prohibited from doing so, and (2) a receipt or invoice from the
entity that conducted the report.
Lastly, the act prohibits landlords from charging tenants a move-in or move-out
fee.
EFFECTIVE DATE: October 1, 2023
§§ 7 & 8 — LIMITS ON LATE FEES FOR OVERDUE RENT
Limits late fees that landlords may impose for overdue rent; prohibits rental agreements from
requiring any late fees that exceed these amounts; prohibits landlords from assessing more than
one late fee on an overdue rent payment
By law, if a rental agreement requires tenants to pay a late charge for overdue
rent, it must give them a nine-day grace period (or four days for week-to-week
tenancies) before imposing the charge. The act limits the late charges landlords may
impose after this grace period has passed. Under the act, if a rental agreement
contains a valid written agreement to pay late charges after the grace period, the
charges may not exceed the lesser of (1) $5 per day, up to a $50 maximum, or (2)
5% of the overdue rent (or 5% of the tenant’s share for rental agreements that are
partially paid by a government or charitable entity).
The act prohibits rental agreements from requiring tenants to agree to late
charges that exceed these limits. Additionally, it prohibits landlords from assessing
more than one late charge on an overdue rent payment, regardless of the length of
time for which the payment is overdue.
EFFECTIVE DATE: October 1, 2023
§ 9 — SECURITY DEPOSIT GUARANTEE PROG RAM
Makes various changes to DOH’s Security Deposit Guarantee Program, including, among other
things, expanding program eligibility and reducing the frequency with which a person may apply
for assistance
The act makes several changes to DOH’s security deposit guarantee program. O L R P U B L I C A C T S U M M A R Y
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It generally extends eligibility for the program to any person with a documented
financial need whose income is less than 60% of the state median income. It also
reduces, from every 18 months to every 24 months, the frequency with which a
person may apply for assistance unless the DOH commissioner grants an exception.
The act allows the commissioner to deny eligibility to an applicant after paying one
or more claims by a landlord, rather than after paying two claims as prior law
allowed.
Under existing law, the program may provide a deposit guarantee that a person
may use in place of a security deposit. The commissioner, or a local or regional
nonprofit or social services organization with whom the department contracts, may
execute a written agreement to pay the landlord for damages suffered due to a
tenant’s failure to comply with his or her obligations. The payment is capped at the
amount of the deposit.
EFFECTIVE DATE: July 1, 2023
Eligibility
The act makes the security deposit guarantee program available to (1) any
person or family (a) whose income is less than 60% of the state median income
adjusted for family size, as determined by the U.S. Department of Housing and
Urban Development (HUD), and (b) that has a documented financial need, as
determined by the housing commissioner; (2) a person who has been served a writ,
summons, and complaint related to eviction; or (3) a person who has a certificate
or voucher from a rental assistance program or federal voucher program.
The act replaces prior law’s eligibility requirements, under which a person was
eligible for the program if he or she (1) met one of the latter two factors listed above,
or lived in an emergency shelter or other emergency housing for specified reasons
(e.g., a catastrophic event), and (2) received TFA (Temporary Family Assistance),
SAGA (state-administered general assistance), or aid under the state supplement
program, or had a documented showing of financial need.
Existing law requires the DOH commissioner to prioritize eligible veterans
when providing guarantees. Prior law authorized the commissioner to set more
priorities based on eligibility criteria other than receipt of cash assistance or
documented financial need (e.g., shelter or emergency housing status). The act
instead authorizes her to set more priorities based on any of the act’s eligibility
criteria.
Application Frequency
The act increases, from 18 months to 24 months, the length of time that a person
must wait before re-applying for a security guarantee unless the commissioner
authorizes an exception. As under existing law, if the commissioner authorizes an
exception, the amount of the subsequent guarantee must be reduced by the amount
of any (1) previous grant that has not been returned to DOH and (2) payment to a
landlord for damages.
O L R P U B L I C A C T S U M M A R Y
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Claims
The act shortens the deadline for a landlord to submit a claim for damages from
45 days to 20 days after the termination of a tenancy.
Under prior law, if the DOH commissioner paid a landlord’s claim for a person
whose income exceeded 150% of the federal poverty level, then the person had to
contribute 5% of one month’s rent to paying the security deposit. The act increases
this to 50% of one month’s rent.
Contracts With Other Organizations
The act reinstates the DOH commissioner’s authority to pay a security deposit
grant to a person receiving the grant through any local or regional nonprofit
corporation or social service organization under an existing contract with DOH.
Under prior law, this authority expired in 2000.
Regulations
Existing law requires the DOH commissioner to adopt regulations to implement
the program, but allows her to implement the program before adoption if she has
published a notice of intent to adopt regulations. The act requires her to post the
notice on the eRegulations System, rather than publish it in the Connecticut Law
Journal.
§ 10 — REQUIRED NOTICE OF PROTECTED TENANT STATUS
Beginning January 1, 2024, requires landlords to give tenants a written DOH notice summarizing
the rights of protected tenants (i.e., generally certain tenants at least age 62 or with a disability)
whenever they rent, or enter or renew an agreement to rent, certain dwelling units; requires that
the notice be available in both English and Spanish, and eventually additional languages
State law provides certain protections against evictions and rent increases to
certain “protected tenants” residing in a (1) building or complex with at least five
separate dwelling units, (2) mobile manufactured home park (including certain
conversion tenants), or (3) dwelling unit in a common interest community where
the landlord owns at least five units. To qualify for this protection, a tenant must:
1. be at least age 62,
2. have a physical or intellectual disability,
3. permanently reside with a spouse or specified relative who (a) is at least age
62 or (b) has a disability meeting certain requirements, or
4. be a conversion tenant in a mobile home park meeting certain requirements.
Beginning January 1, 2024, the act requires landlords or their agents to give a
written DOH notice summarizing these protections to any tenant that rents, or enters
or renews an agreement to rent, one of the units described above.
Under the act, the DOH commissioner must create the one-page, plain-language
summary of protected tenants’ rights and post it on the department’s website by
December 1, 2023. The act requires that the notice be available in both English and O L R P U B L I C A C T S U M M A R Y
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Spanish. Additionally, it requires the commissioner, by December 1, 2028, to (1)
translate the notice into the five most commonly spoken languages in the state, as
she determines, and (2) post the translations on DOH’s website.
Existing law, unchanged by the act, prohibits protected tenants from being
evicted solely for their lease expiring (i.e., lapse of time). It also limits their rent
increases to an amount that is fair and equitable and allows those aggrieved by a
rent increase and residing in a municipality without a fair rent commission to bring
an action to contest the increase in Superior Court.
EFFECTIVE DATE: October 1, 2023
§§ 11, 12 & 15 — HOUSING AUTHORITY TRAINING AND INFORMATION
REQUIREMENTS
Requires housing authorities (1) receiving state assistance to annually give tenants specified
information and (2) subject to the State Single Audit Act, to include the audit results in their
annual reports; requires all current and new housing authority commissioners to participate in a
training
The act requires (1) existing housing authority commissioners, by January 1,
2024, to participate in a training provided by an industry-recognized training
provider and (2) new commissioners to do so upon appointment (§ 11).
It also requires housing authorities receiving state assistance and the
Connecticut Housing Finance Authority (CHFA) (if it or its subsidiaries are
successor owners to housing previously owned by a local authority) to annually
give tenants, beginning when they sign their initial lease: (1) contact information
for the authority’s management, the local health department, and Commission on
Human Rights and Opportunities and (2) a copy of the judicial branch’s guidance
on tenants’ and landlords’ rights and responsibilities (§ 12).
The act requires housing authorities subject to the state’s Single Audit Act
(generally, those with annual revenue of more than $1 million and that spend more
than $300,000 in state assistance in a fiscal year) to include the audit results in the
annual reports they must submit under existing law to the housing commissioner
and their respective municipality’s chief executive officer (§ 15).
EFFECTIVE DATE: October 1, 2023
§§ 13 & 14 — STANDARDIZED RENTAL AGREEME NT AND HOUSING
CODE VIOLATION FORMS IN ENGLISH AND ADDITIONAL LANGUAGES
Requires (1) DOH to develop standardized rental agreement forms that landlords and tenants may
use, (2) municipal code enforcement agencies to create housing code violation complaint forms
for tenants, (3) that both forms be made available in English and Spanish, and (4) DOH to make
the rental agreement forms available in additional languages by December 1, 2028
The act requires the DOH commissioner, within existing appropriations, to
develop standardized rental agreement forms that landlords and tenants may use.
The forms must (1) contain a rental agreement’s essential terms; (2) be easily
readable; and (3) include plain-language explanations of all the terms and
conditions, including rent, fees, deposits, and other charges. DOH must post the O L R P U B L I C A C T S U M M A R Y
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forms on its website by July 1, 2024, and make them available in both English and
Spanish. The act requires the department to revise the forms at the commissioner’s
discretion.
Additionally, the act requires the department, by December 1, 2028, to (1)
translate these forms into the five most commonly spoken languages in the state, as
determined by the housing commissioner, and (2) post the translations on its
website.
The act also requires agencies empowered to enforce municipal health and
safety standards or the local housing code (i.e., the board of health or other
designated authorities) to create and make available housing code violation
complaint forms, in both English and Spanish, for tenants to use.
EFFECTIVE DATE: October 1, 2023
§ 16 — MUNICIPAL LANDLORD IDENTIFICATION REQUIREMENTS
Modifies current municipal landlord identification requirements, including generally extending
certain requirements for landlords participating in the federal Housing Choice Voucher program
to nonresident rental property owners; exempts information provided under these requirements
from FOIA
Under existing law, generally unchanged by the act, municipalities may require
nonresident property owners and landlords renting to Housing Choice Voucher
(HCV) program participants (also known as project-based housing providers or
PBHPs) to provide (1) their current residential addresses or (2) the current
residential address of the agent in charge of the building if the owners are a business
entity that owns rental property (i.e., a corporation, partnership, trust, or other
legally recognized entity). The act additionally generally requires these landlords
and owners to provide identifying information about individuals who exercise day-
to-day financial or operational control of the property (i.e., “controlling
participants”).
Under prior law, the “controlling participant” provision for PBHPs required
them to provide identifying information and the current residential address of each
controlling participant associated with the property, meaning an individual or entity
that exercises day-to-day financial or operational control. If a controlling
participant was a business entity, the PBHP had to identify and provide the
residential address for a natural person who exercised control over that entity.
The act makes changes to this “controlling participant” requirement. It only
requires a PBHP to disclose the identifying information and current residential
addresses of its controlling participants if the PBHP is a business entity. It also
limits the definition of controlling participant to individuals, rather than both
individuals and entities. The act extends this requirement to nonresident owners in
addition to PBHPs.
Lastly, beginning on October 1, 2023, the act makes the reports given to a tax
assessor under these identification requirements confidential and exempt from
disclosure under the state’s Freedom of Information Act (FOIA).
EFFECTIVE DATE: October 1, 2023
O L R P U B L I C A C T S U M M A R Y
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Background — HCV Program and PBHPs
The HCV program is the federal government’s main program for helping very
low-income families afford private market housing (42 U.S.C. § 1437f(o)). Eligible
households that receive a housing voucher must find housing that meets the
program’s requirements. HUD funds the program and it is administered locally by
Public Housing Agencies and statewide by DOH. State law defines PBHPs as
property owners who contract with HUD to provide housing to tenants under the
HCV program.
§ 17 — OPM OFFICE OF RESPONSIBLE GROWTH
Statutorily establishes the Office of Responsible Growth within OPM and assigns it various
responsibilities
The act statutorily establishes the Office of Responsible Growth within the
Office of Policy and Management’s (OPM) Intergovernmental Policy Division and
makes it the successor agency to the office of the same name established by
Executive Order No. 15 in 2006. It assigns the office the following responsibilities,
for which OPM is generally responsible under existing law:
1. collecting, analyzing, and disseminating information to help the ongoing
development of responsible growth goals for the governor, Continuing
Committee on State Planning and Development, state and regional
agencies, local governments, and the public;
2. coordinating the development of state agency policy, planning, and
programming to improve outcomes and efficiently use state resources and
expertise through developing and implementing the state plan of
conservation and development;
3. administering OPM’s responsibilities under the Connecticut Environmental
Policy Act;
4. facilitating interagency coordination relating to, among other things, land
and water resources and infrastructure improvements;
5. facilitating coordination between the state, planning regions, and
municipalities on development and conservation by serving as a state liaison
to regional councils of governments;
6. providing staff support to boards, committees, and other groups, as the OPM
secretary deems appropriate, such as the State Water Planning Council and
Advisory Commission on Intergovernmental Relations;
7. administering grant programs as the OPM secretary deems appropriate,
such as those for (a) responsible growth and transit-oriented development
and (b) regional performance incentives; and
8. performing other duties as the OPM secretary deems appropriate to address
current and emerging development and conservation issues.
The act requires the OPM secretary to designate a member of his staff to serve
as the state responsible growth coordinator and oversee the office.
EFFECTIVE DATE: October 1, 2023
O L R P U B L I C A C T S U M M A R Y
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§ 18 — FAIR SHARE HOUSING ALLOCATION MET HODOLOGY
Requires OPM, by December 1, 2024, to create a methodology meeting certain requirements for
each municipality’s fair share allocation of affordable housing by generally (1) assessing the
affordable housing need in each of the state’s planning regions and (2) fairly allocating this need
to each region’s municipalities
The act requires the OPM secretary, in consultation with the DOH
commissioner and the Department of Economic and Community Development
(DECD) commissioner, to establish a methodology for each municipality’s fair
share allocation by:
1. determining the need for affordable housing units in each of the state’s
planning regions and
2. fairly allocating this need to each region’s municipalities considering the
duty of the state and municipalities to affirmatively further fair housing
under the state Zoning Enabling Act and the federal Fair Housing Act
(FHA).
The OPM secretary must create the methodology by December 1, 2024. In
doing so, he may consult with experts; advocates; statewide organizations
representing municipalities; and organizations with expertise in affordable housing,
fair housing, and planning and zoning. He must submit the methodology to (1) the
Housing and Planning and Development committees and (2) each chamber of the
General Assembly for approval.
EFFECTIVE DATE: July 1, 2023
Fair Share Allocation Methodology
The act requires the OPM secretary, by December 1, 2024, and in consultation
with the DOH and DECD commissioners, to use the methodology to determine the
minimum need for affordable housing units for each planning region and a
municipal fair share allocation for each region’s municipalities. The act prohibits
allocations that exceed 20% of the municipality’s occupied dwelling units.
The methodology must generally rely on data from HUD’s Comprehensive
Housing Affordability Strategy data set or a similar source chosen by the OPM
secretary. The secretary must ensure that the methodology:
1. considers the duty of the state and municipalities to affirmatively further
fair housing under the state Zoning Enabling Act and the FHA;
2. relies on appropriate metrics of the minimum need for affordable housing
units in a planning region to ensure adequate housing options, including the
number of households whose (a) income is no more than 30% of the area
median income and (b) housing costs make up at least 50% of the
household’s income;
3. relies on appropriate factors for fairly allocating this need among each
municipality, including a municipality’s compliance with provisions in the
Zoning Enabling Act and State Plan of Conservation and Development
related to (a) promoting housing choice and economic diversity (including
housing for both low- and moderate-income households) and (b) O L R P U B L I C A C T S U M M A R Y
Page 14 of 27
encouraging housing development that meets the identified housing needs
and the development of housing opportunities (including those for
multifamily housing) for all of the municipality’s and planning region’s
residents;
4. does not assign a fair share allocation to municipalities in which the federal
poverty rate is 20% or higher based on the most recent decennial census or
a similar source; and
5. increases a municipality’s fair share allocation under specified
circumstances (see below).
Under the act, the methodology must increase a municipality’s allocation if,
relative to other municipalities in its planning region, it has a (1) higher equalized
net grand list, (2) higher median income, (3) lower population share with income
below the federal poverty rate, or (4) lower population share residing in multi-
family housing. The equalized net grand list is an estimate of the market value of
all taxable property in a municipality. Multi-family housing refers to residential
buildings with at least three dwelling units.
Data related to increasing a fair share allocation must come from the most recent
decennial census or a similar source, except for the equalized net grand list data,
which must be based on OPM’s calculations of these figures for educational
equalization grants.
Affordable Housing Units and Planning Regions
Under the act, (1) an “affordable housing unit” is a unit deed-restricted to
preserve affordability for a low-income household and (2) a “planning region”
generally follows the boundaries of a regional council of governments, except that
the Metropolitan and Western planning regions are considered a single entity.
§ 19 — DOH PROGRAM TO INCENTIVIZE LANDLORD PARTICIPATION
IN TENANT-BASED RENTAL ASSISTANCE PROGRAMS
Requires the DOH commissioner, within available appropriations and in consultation with CHFA
and housing authority representatives, to establish a program to incentivize landlord participation
in various tenant-based rental assistance programs
The act requires the DOH commissioner, within available appropriations and in
consultation with CHFA and housing authority representatives that she selects, to
establish a program to encourage and recruit landlords to accept from prospective
tenants HCV vouchers, Rental Assistance Program (RAP) certificates, or payments
from any other state-administered programs providing rental payment subsidies.
The program may include advertisements, community outreach events, and
communications with landlords who participate in other state housing programs.
The act requires the DOH commissioner, starting by October 1, 2024, to report
annually to the Housing Committee on (1) the program’s status, including its
effectiveness, and (2) related recommendations.
EFFECTIVE DATE: October 1, 2023
O L R P U B L I C A C T S U M M A R Y
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§§ 20 & 21 — DOH RAP STUDY AND PROGRAM E XPENDITURES
Requires the DOH commissioner to (1) study, within available appropriations, ways to improve
the efficiency of processing RAP applications and (2) affirmatively seek to spend all funds
appropriated to the program annually
The act requires the DOH commissioner, within available appropriations, to
conduct a study on methods to improve the efficiency of processing applications
under the department’s RAP. The study must include the following components:
1. an analysis of the current RAP application processing time, including
inspection timelines;
2. an assessment of the application process, including barriers or challenges to
applicants or landlords; and
3. (a) recommendations for improving the process’s efficiency, including
using technology and alternative processing methods, and (b) a cost
estimate for the improvements.
The commissioner must submit a report on the study’s findings and
recommendations to the Housing Committee by January 1, 2024.
Additionally, the act requires the commissioner to affirmatively seek to spend
all funds appropriated to the program annually without regard to population
limitation established in prior years.
EFFECTIVE DATE: Upon passage, except the appropriations provision is
effective October 1, 2023.
§ 22 — HOMELESS AND HOUSING INSECURE VETERANS
Requires the Department of Veterans Affairs, within available appropriations, to convert,
rehabilitate, and renovate vacant, underused, or otherwise available properties for housing
homeless or housing insecure veterans
The act requires the Department of Veterans Affairs, within available
appropriations, to convert, rehabilitate, and renovate vacant, underused, or
otherwise available properties for housing homeless or housing insecure veterans.
The department must build, improve, or remediate infrastructure as needed to
support the residential use of these properties.
EFFECTIVE DATE: July 1, 2023
§ 23 — REMOVAL OF CE RTAIN EVICTION RECOR DS FROM THE
JUDICIAL DEPARTMENT WEBSITE
Requires the Judicial Department to remove records or identifying information on certain eviction
proceedings from its website within a specified time period; prohibits the department from selling
or transferring these removed records for commercial purposes, such as consumer reporting or
tenant screening
The act requires the Judicial Department to remove from its website any records
or identifying information (“records”) related to a summary process action (i.e.,
eviction proceeding) that is withdrawn, dismissed or nonsuited, or decided in the O L R P U B L I C A C T S U M M A R Y
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defendant’s (i.e., tenant’s) favor. It must do this within 30 days after the action’s
disposition.
The act also prohibits the Judicial Department from including removed records
in any sale or transfer of bulk case records to a person or entity purchasing them for
commercial purposes (e.g., selling the records, providing consumer reporting- and
prospective tenant screening-related services, or using them for any other financial
gain). It expressly prohibits these commercial purchasers from disclosing a
removed record. However, the act exempts from this ban governmental, scholarly,
educational, journalistic, or other noncommercial use of the records.
The act requires the Judicial Department to restore a case to its website,
including any associated records that were previously removed, if there is any
activity in the case. Similarly, the department must retain records on its website
beyond their removal date if there is an ongoing appeal. Under the act, restored or
retained records remain on the Judicial Department website until the later of (1) 30
days after the associated case’s disposition or (2) the applicable time period from
the original disposition.
Finally, the act specifies that its requirements do not prevent the Judicial
Department or a case reporting service from publishing any formal written judicial
opinion.
EFFECTIVE DATE: July 1, 2024, and applicable to any summary process action
disposed of either before or after this date.
§§ 24 & 25 — REAL ESTATE CONVEYANCE TAX E XEMPTIONS AND
TRANSFERS
Exempts conveyances of property with deed-restricted affordable housing dwelling units from the
real estate conveyance tax; requires the state comptroller to transfer state conveyance tax revenue
that exceeds $300 million each fiscal year, annually adjusted for inflation, to the Housing Trust
Fund
Conveyance Tax Exemption (§ 25)
The act exempts from the real estate conveyance tax any deeds of property with
dwelling units where all of the units are deed-restricted as affordable housing (i.e.,
housing where households earning no more than the host municipality’s area
median income, as determined by HUD, spend 30% or less of their annual income
on it). For property in which only some of the units are deed-restricted affordable
housing, the exemption must be proportionately reduced based on the number of
unrestricted units.
Transfer of Conveyance Tax Revenue to Housing Trust Fund (§ 24)
Starting in FY 26, the act requires the state comptroller to transfer, from the
General Fund to the Housing Trust Fund, any conveyance tax revenue the state
receives each fiscal year exceeding $300 million. It requires that the threshold
amount for this transfer be adjusted annually for inflation beginning with FY 27
(i.e., the percentage increase in the consumer price index for all urban consumers O L R P U B L I C A C T S U M M A R Y
Page 17 of 27
during the preceding calendar year, calculated on a December over December basis
using U.S. Bureau of Labor Statistics data).
EFFECTIVE DATE: July 1, 2023, except the provisions on the transfer of
conveyance tax revenue to the Housing Trust Fund are effective October 1, 2023.
§ 26 — HOUSING DISCRIMINATION BASED ON SEXUAL ORIENTATION
Subjects the rental of certain owner-occupied dwelling units to a state law that prohibits housing
discrimination specifically due to a person’s sexual orientation or civil union status
The act subjects the rental of certain owner-occupied dwelling units to a state
law that prohibits housing discrimination specifically due to a person’s sexual
orientation or civil union status. Prior law exempted from these antidiscrimination
provisions the rental of (1) rooms in a dwelling the owner lives in or (2) units in a
dwelling containing up to four units, one of which the owner occupies (i.e., “owner-
occupied units”). The act eliminates the exemption, and in doing so subjects such
an owner who violates this anti-housing discrimination law to a class D
misdemeanor (see Table on Penalties).
EFFECTIVE DATE: October 1, 2023
Housing Discrimination
State law prohibits housing discrimination based on a person’s sexual
orientation or civil union status and establishes a list of specific actions considered
discriminatory practices. (A related law, the Discriminatory Housing Practices Act
(DHPA), provides similar protection against housing discrimination based on other
protected classes, such as race, marital status, or gender expression or identity.)
By eliminating prior law’s exemption, the act makes it a discriminatory practice
for an owner of an owner-occupied unit to do any of the following based on
someone’s sexual orientation or civil union status:
1. refuse to negotiate, sell, or rent after a legitimate offer;
2. discriminate in terms, conditions, or privileges of a sale, rental, or provision
of services or facilities;
3. deny access to real estate multiple listing services;
4. place housing ads indicating a discriminatory preference; or
5. represent that the dwelling is not available for inspection, sale, or rental
when it is in fact available.
Commission on Human Rights and Opportunities (CHRO) Investigations
Under existing law, unchanged by the act, individuals who believe they have
been discriminated against in violation of the DHPA, or the similar protections
against housing discrimination due to sexual orientation or civil union status, may
file a complaint with CHRO within 180 days after the alleged incident. When
CHRO finds reasonable cause that discrimination occurred, it negotiates a
settlement agreement between the parties. If an agreement cannot be reached, it
conducts an administrative hearing (CGS § 46a-82 et seq.). O L R P U B L I C A C T S U M M A R Y
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§ 27 — SEWERAGE SYSTEM REG ULATORY OVERSIGHT
Transfers from DEEP to DPH regulatory authority over certain small community sewerage
systems and household and small commercial subsurface sewerage disposal systems, requires the
agencies to adopt regulations on them, and applies DEEP’s newly adopted regulations to these
systems beginning July 1, 2025
The act transfers regulatory authority from the Department of Energy and
Environmental Protection (DEEP) to the Department of Public Health (DPH) over:
1. small community sewerage systems with daily capacities of up to 10,000
gallons (community sewerage systems have one subsurface sewage disposal
system serving at least two residential buildings) (CGS § 7-245(3)) and
2. household and small commercial subsurface sewerage disposal systems
with daily capacities of up to 10,000 gallons (prior law gave DPH authority
over those with daily capacities of up to 7,500 gallons only).
The act also requires (1) DEEP to amend its regulations, by July 1, 2025, to
establish and define categories of discharges that constitute these systems and (2)
DPH to establish minimum requirements for these systems, as well as procedures
for local health directors or sanitarians to issue permits or other approvals. Existing
law already required these regulations and minimum standards for household and
small commercial subsurface sewerage disposal systems with daily capacities up to
7,500 gallons.
The act applies the DEEP regulations in effect on July 1, 2025 (i.e., the newly
adopted regulations), to small community sewerage systems, household systems,
and small commercial subsurface sewerage disposal systems with daily capacities
of 10,000 gallons or less. Under existing law, unchanged by the act, DEEP’s
regulations in effect on July 1, 2017, apply to household and small commercial
subsurface sewerage disposal systems with daily capacities of 7,500 gallons or less.
EFFECTIVE DATE: Upon passage
§§ 28-35 — WORKFORCE HOUSING DEVELOPMENT S
Establishes various state and local financial incentives for individuals and businesses investing in
and developing rental units set aside for designated workforce populations
The act establishes various state and local financial incentives for individuals
and businesses investing in and developing rental units set aside for designated
workforce populations under certain programs. Specifically, the act does the
following:
1. establishes a new tax credit against the personal income and corporation
business taxes, administered by DOH, for individuals or entities making
cash contributions to eligible developers constructing or rehabilitating
eligible “workforce housing opportunity development projects” in federally
designated opportunity zones (see Background) (§ 28);
2. expressly allows businesses making cash contributions to nonprofits
developing eligible “workforce housing development projects,” including
those in an opportunity zone, to qualify for tax credits under CHFA’s O L R P U B L I C A C T S U M M A R Y
Page 19 of 27
Housing Tax Credit Contribution (HTCC) program (§ 30);
3. requires municipal tax assessors to assess workforce housing opportunity
development projects using the capitalization of net income method based
on actual rent received for property tax assessment purposes (§ 29);
4. exempts both of these categories of workforce housing projects from
building permit application fees (§ 31);
5. allows municipalities to provide up to a seven-year, 70% property tax
exemption for workforce housing development projects, offset by a 70%
state grant in lieu of taxes (§§ 32 & 33);
6. requires CHFA to develop and administer a mortgage assistance program
for developers of both categories of these projects (§ 34); and
7. requires DOH to conduct a workforce housing study and report to the
Housing Committee (§ 35).
EFFECTIVE DATE: June 1, 2024, except for the DOH workforce housing study
provision, which is effective upon passage; the property tax assessment
requirements and local option exemption are applicable to assessment years
beginning on or after June 1, 2024.
Workforce Housing Opportunity Development Tax Credit (§ 28)
Administration. The act requires DOH to administer a new program providing
tax credit vouchers to individuals or entities making cash contributions to eligible
developers constructing or rehabilitating eligible housing projects in opportunity
zones. The department must begin accepting applications from eligible developers
by January 1, 2025. Under the act, the DOH commissioner must (1) determine the
program’s additional eligibility criteria, certification conditions, and application
guidelines and (2) adopt regulations to implement the program, including
conditions for certifying developers.
Eligible Projects. Under the act, an eligible workforce housing opportunity
development project is a project to build or substantially rehabilitate rental housing
that is (1) located in an opportunity zone in the state and (2) partially designated for
certain targeted residents (see “Rental Requirements”). To the extent feasible, these
projects must also incorporate renewable energy and be transit-oriented.
For rehabilitation projects, the act requires that (1) a building’s repairs,
replacements, or improvements exceed 25% of the building’s value when
rehabilitation is complete or (2) the project replace two or more major components
of the building (i.e., roof structures, wall or floor structures, plumbing systems,
heating and air conditioning systems, electrical systems, ceilings, or foundations).
Eligible Developers. The act authorizes developers to apply to DOH, as the
commissioner prescribes, to be certified to receive credit-eligible cash investments
under the program. Under the act, the following entities may qualify as eligible
developers:
1. nonprofits and business corporations incorporated in Connecticut and other
business entities (i.e., partnerships, limited partnerships, limited liability
partnerships, joint ventures, trusts, limited liability companies (LLCs), or
associations) that (a) construct, rehabilitate, own, or operate housing and (b) O L R P U B L I C A C T S U M M A R Y
Page 20 of 27
are either certified by DOH under the program or whose articles of
incorporation or organizational documents, as applicable, have been
approved by DOH under its regulations for certain housing programs;
2. municipal housing authorities (and the Connecticut Housing Authority,
although it is no longer active); and
3. municipal developers.
Under the act, a “municipal developer” is the legislative body of a municipality
that has not established a housing authority; it may be the municipality’s board of
selectmen if the town meeting or representative town meeting authorized the board
to act as a developer.
Rental Requirements. The act requires that completed workforce housing
opportunity development projects be rented as follows:
1. 40% of the units at market rate (i.e., the rate the property would most
probably command on the open market based on current comparable rentals
in the opportunity zone);
2. 50% of the units to members of a designated workforce population with an
income of up to 60% of the area median income (as described below); and
3. 10% of the units to very low-income households (i.e., those whose income
is 30% or less of the area median income) that also receive rental assistance
through certain state programs or HUD’s federal section 8 program.
Under the act, the program must establish a method for selecting tenants who
meet the income criteria that does not discriminate on the basis of race, creed, color,
national origin, ancestry, sex, gender identity or expression, age, or physical or
intellectual disability.
Designation of Workforce Population. The act requires that eligible developers
receive approval for proposed workforce housing opportunity development projects
from municipal zoning commissions and other applicable municipal agencies. The
municipal legislative body (or board of selectmen if its legislative body is a town
meeting) may vote to designate the workforce population the project will serve
within 30 days after the municipality approves the project. But developers may
make this designation if the municipality fails to do so within the given time limit.
Under the act, the designated workforce population may include volunteer
firefighters, teachers, police officers, emergency medical personnel, and any other
professions working in the town where the project is located.
Timeframe for Completion. The act requires eligible developers to (1) schedule
the workforce housing opportunity development projects for completion within
three years after DOH’s project approval and (2) submit quarterly progress reports
and a final report to the DOH commissioner. If a project is not completed within
the three-year timeframe, or at any time if the DOH commissioner determines that
it is unlikely to be completed, the act allows the commissioner to ask the attorney
general to reclaim any remaining contributions made by individuals and entities to
the developer and reallocate the funds to another eligible project.
Tax Credits for Qualifying Contributions. The act requires the DOH
commissioner to administer the tax credit vouchers, similar to CHFA’s existing
HTCC program, for individuals or entities that make a cash contribution of at least
$250 to an eligible developer for the eligible projects described above. The O L R P U B L I C A C T S U M M A R Y
Page 21 of 27
vouchers may be claimed against state corporation business and personal income
taxes, except for the withholding tax, for taxable income years beginning in 2025
(presumably, for tax years or income years beginning in 2025). The Department of
Revenue Services must grant the credits in the amount specified by DOH in the tax
credit vouchers.
The act caps the total amount of credits allowed per fiscal year at $5 million.
Taxpayers may claim the credits in the taxable income year in which they made the
cash contribution and may carry unused credits forward or back for five years. In
the case of S corporations or entities treated as a partnership for federal tax
purposes, the entity’s shareholders or partners may claim the credits. If the entity is
a single-member LLC that is disregarded as an entity separate from its owner, only
the owner may claim the credit.
CHFA HTCC Program (§ 30)
The act expressly makes investments in “workforce housing development
projects” eligible for HTCC tax credits. Under this program, CHFA administers tax
credit vouchers for businesses that make cash contributions of at least $250 to
nonprofits that develop, sponsor, or manage housing programs benefiting low- and
moderate-income households (e.g., affordable housing developments). The credits
apply against various business taxes, including the insurance premiums,
corporation business, and utility companies taxes.
Under the act, “workforce housing development projects” are generally similar
to the workforce housing opportunity projects described above, except that they are
not limited to opportunity zones and are subject to different set-aside requirements.
Starting with tax or income years beginning on or after January 1, 2024, workforce
housing development projects must be scheduled for completion within three years
after approval.
Specifically, workforce housing development projects are to construct or
substantially rehabilitate rental housing where:
1. 50% of the units are market rate units (i.e., the rate the unit would probably
command on the open market based on comparable units in the same area);
2. 40% are rented to the workforce population designated by the developer in
consultation with the host municipality; and
3. 10% are affordable housing (i.e., when households earning no more than
the host municipality’s area median income, as determined by HUD, spend
30% or less of their annual income on it).
Under the act, “substantial rehabilitation” has the same definition as described
above for workforce housing opportunity development projects. An eligible
“workforce housing opportunity development” project is also considered an
eligible “workforce housing development” project.
The law, unchanged by the act, caps the total amount of tax credits allowed to
businesses under the program at $10 million per fiscal year, and $1 million of these
credits must be set aside each year for workforce housing as defined in CHFA’s
written procedures (i.e., affordable housing for low- and moderate-income wage or
salaried workers in the municipalities where they work). The act also makes various O L R P U B L I C A C T S U M M A R Y
Page 22 of 27
conforming changes to the HTCC program.
Property Tax Assessment for Workforce Housing Opportunity Development
Projects (§ 29)
The act requires assessors to determine the value of workforce housing
opportunity development projects for property tax purposes by using the
capitalization of net income method based on actual rent received. This means
assessors must consider net rental income, rather than market rent for similar
property, when determining the project’s gross potential income.
Under existing law and unchanged by the act, assessors must consider three
methods when assessing the fair market value of other rental properties (with
certain exceptions):
1. replacement cost less depreciation, plus the land’s market value;
2. capitalization of net income based on market rent for similar property; and
3. comparable sales.
Building Permit Fee Exemption (§ 31)
The act exempts both categories of workforce housing development projects
from all building permit application fees. In doing so, it supersedes any municipal
charters, home rule ordinances, and special acts.
Local Option Property Tax Exemption and State Reimbursement (§§ 32 & 33)
The act allows a municipality’s legislative body (or board of selectmen if the
legislative body is a town meeting) to provide up to a seven-year, 70% property tax
exemption to the workforce housing development projects eligible for the HTCC
credit. Under the act, the property tax exemption may begin in the first full
assessment year after the project’s construction or rehabilitation is complete.
Additionally, the act requires the Office of Policy and Management (OPM)
secretary, beginning in FY 26, to pay a state grant in lieu of taxes (PILOT) to
municipalities that (1) provide this local option exemption and (2) submit an annual
grant application to OPM as the secretary prescribes. OPM must determine the
amount due to these municipalities annually by January 1.
Under the act, the PILOT equals 70% of the property taxes that would have
been paid for the assessment year two years before the fiscal year in which the grant
is paid (excluding exemptions for certain housing authority properties). The grants
are payable for a maximum of seven assessment years and must be proportionately
reduced if the total of all grants in a fiscal year exceeds state appropriations for the
grants.
CHFA Mortgage Assistance Program (§ 34)
The act requires CHFA to (1) develop and administer a mortgage assistance
program for developers of both categories of workforce housing projects under the O L R P U B L I C A C T S U M M A R Y
Page 23 of 27
act and (2) use any appropriate housing subsidies in providing this mortgage
assistance.
DOH Workforce Housing Study (§ 35)
The act requires DOH, within available appropriations, to study ways to (1)
increase housing options for apprentices and newly hired employees and (2) enable
this population to live in the municipalities where they work. The DOH
commissioner must submit a report to the Housing Committee, including
recommendations and legislation necessary for implementation, by January 1,
2024.
Background
Opportunity Zones. The federal Opportunity Zone program, created as part of
the 2017 federal Tax Cuts and Jobs Act (P.L. 115-97), is designed to spur economic
development and job creation in distressed communities by providing federal tax
benefits for private investments in the zones. The program’s tax benefits are
available to investors that reinvest gains earned on prior investments in a qualified
opportunity zone fund that invests in zone businesses. Investors may receive
additional tax benefits if they hold their investments in the fund for at least five,
seven, or 10 years.
Connecticut has 72 opportunity zones in 27 municipalities that were approved
by the U.S. Treasury Department in 2018.
Related Act. The 2023 bond act (PA 23-205, § 56) (1) authorizes up to an
additional $400 million in state general obligation (GO) bonds to capitalize the
Housing Trust Fund ($200 million each in FYs 24 and 25) and (2) requires DOH to
give CHFA up to $200 million of this funding to administer a revolving loan fund
to finance workforce housing projects.
§ 36 — AFFORDABLE HOUSING ROUNDTABLE GRO UP
Establishes the majority leaders’ roundtable group on affordable housing, consisting of 24
members, to study various topics related to promoting and developing affordable housing in the
state
The act establishes the majority leaders’ roundtable group on affordable
housing and requires it to study the following topics:
1. existing affordable housing policies, programs, and initiatives in the state;
2. the possibility of converting (a) state properties into affordable housing
developments and (b) commercial properties (e.g., hotels, malls, and office
buildings) into residential buildings;
3. successful models and best practices from other states or regions to inform
potential policy recommendations; and
4. any other topics related to promoting and developing affordable housing in
the state.
O L R P U B L I C A C T S U M M A R Y
Page 24 of 27
Membership, Administration, and Reporting
Under the act, the 24-member roundtable group consists of the following:
1. the co-chairs and ranking members of the Housing and Planning and
Development committees;
2. the Senate and House majority leaders;
3. three appointees of each leader (see table below);
4. the commissioners of the Department of Administrative Services, DOH,
Department of Economic and Community Development, and the
Department of Transportation, or their designees;
5. OPM’s responsible growth coordinator, or the coordinator’s designee;
6. CHFA’s executive director, or her designee; and
7. one representative each from the Connecticut Conference of Municipalities
and the Connecticut Council of Small Towns.
The table below shows the criteria for each majority leader appointee. Under
the act, the House majority leader’s appointees may be legislators.
Affordable Housing Roundtable Group Appointees
House Majority Leader Senate Majority Leader
Public housing expert Regional planning expert
Representative of a regional council of
governments
Local planning and zoning expert
Representative of a business advocacy
organization or regional chamber of
commerce
Housing development expert
The Senate and House majority leaders serve as the group’s chairpersons and
must schedule and hold its first meeting by August 28, 2023. They must (1) make
their initial appointments to the group by July 29, 2023, and (2) fill any vacancies.
Beginning by January 1, 2024, the group must annually report its findings and
recommendations to the Housing Committee. Under the act, the Housing
Committee’s administrative staff serves as the group’s administrative staff.
EFFECTIVE DATE: Upon passage
§ 37 — HOUSING TRUST FUND PROGRAM ADVISORY COMMITTEE
Eliminates the Housing Trust Fund Program Advisory Committee
The act eliminates the Housing Trust Fund Program Advisory Committee. Prior
law required the committee to meet at least semi-annually and advise the DOH
commissioner on (1) the program’s administration, management, and objectives
and (2) developing related regulations, procedures, and rating criteria. (Existing
DOH program regulations include requirements for, among other things, the
program’s project selection process and rating criteria (see Conn. Agencies Regs.
§ 8-336q).) The DOH commissioner appointed the committee in consultation with
the state treasurer and the OPM secretary. O L R P U B L I C A C T S U M M A R Y
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DOH administers the Housing Trust Fund Program, which is designed to create
and preserve affordable housing for low- and moderate-income households. The
department awards loans and grants to eligible sponsors of affordable housing. It
solicits applications twice per year, within available appropriations.
EFFECTIVE DATE: October 1, 2023
§§ 38 & 39 — SECURITY DEPOSIT RETURNS
Generally shortens the deadline for landlords to return a tenant’s security deposit and interest on
deposits
The act generally shortens the deadline for landlords to return a tenant’s security
deposit and interest on deposits under certain circumstances.
Under prior law, after a tenancy was terminated, landlords had to return a
tenant’s security deposit, or the deposit balance if any, plus accrued interest, within
the greater of (1) 30 days or (2) 15 days after receiving written notification of the
tenant’s forwarding address. The act reduces the 30-day deadline to 21 days. Under
existing law and unchanged by the act, any landlord that violates this requirement
is liable for twice the security deposit amount (or, if the landlord fails only to deliver
the accrued interest, the greater of twice the accrued interest or $10).
The act also makes a similar change to a statutory provision requiring landlords
to pay interest annually on tenants’ security deposits. Under prior law, a landlord
had to pay their tenant the accrued interest within 30 days after (1) the tenancy
terminated before its anniversary date or (2) he or she returned all or part of a
security deposit before the tenancy’s anniversary date. The act reduces this deadline
to 21 days.
By law, any landlord who knowingly and willfully fails to pay all or part of a
security deposit when due is subject to a fine of up to $250 for each offense, or
$100 per offense for failing to pay accrued interest (CGS § 47a-21(k)).
EFFECTIVE DATE: October 1, 2023
§§ 40 & 41 — PUBLISHING PAYMENT STANDARD S FOR TENANT-BASED
RENTAL ASSISTANCE AND DOH COMMON RENTAL APPLICATION FOR
HOUSING AUTHORITIES
Requires (1) any housing authority that administers a tenant-based rental assistance program to
publicly post a payment standard (or similar information) within 30 days after setting or updating
it and (2) the housing commissioner to develop a common rental application that housing
authorities may use
The act requires any housing authority that administers a tenant-based rental
assistance program (see Background — Tenant-Based Retal Assistance and
Payment Standards) to publicly post a payment standard (or similar maximum
monthly assistance payment) within 30 days after setting or updating it. Under the
act and federal HUD regulations, a “payment standard” is the maximum monthly
assistance payment for a family in the voucher program before deducting the total
tenant payment by the family (24 C.F.R. § 982.4). O L R P U B L I C A C T S U M M A R Y
Page 26 of 27
The act requires a housing authority to post the payment standard in a prominent
and publicly available location on its website or the website of the municipality in
which it is located. The posting must include (1) a disclaimer that the maximum
payment standard may not be applied in full to the actual rental rate the applicant
paid in certain circumstances and (2) any rules or regulations the authority has
adopted on rental assistance programs.
The act also requires the housing commissioner, in consultation with the state’s
housing authorities, to develop a common rental application that housing
authorities may use.
EFFECTIVE DATE: October 1, 2023
Background — Tenant-Based Rental Assistance and Payment Standards
Tenant-based rental assistance is generally rental subsidies to help low-income
households rent privately owned homes that meet certain guidelines. HUD’s
Housing Choice Voucher Program (42 U.S.C. § 1437f(o)) and the state Rental
Assistance Program (CGS § 8-345) are two examples of programs that offer this
type of assistance.
§ 42 — SCHOOL BUILDING PROJECT REIMBURSEMENT RATE
Makes boards of education in an “inclusive municipality” eligible for a five-percentage point
increase to their state grant reimbursement rate for school building projects
The act makes local or regional boards of education located in an “inclusive
municipality,” as determined by the DOH commissioner, eligible for a five-
percentage point increase to their state grant reimbursement rate for school building
projects. (The act does not specify when or how frequently DOH must make this
determination.) To qualify as an inclusive municipality, a municipality must have:
1. a total population greater than 6,000 (generally based on the more recent of
the U.S. Census Bureau’s (a) newest decennial census or (b) current
population report series available on January 1 of the fiscal year two years
before the fiscal year in which the grant will be paid);
2. a share of affordable housing units that is less than 10% of its total housing,
as determined by the DOH commissioner;
3. adopted, and currently maintain, zoning regulations that (a) promote fair
housing, as determined by the commissioner; (b) provide a streamlined
approval process for multi-family housing development of three units or
more; (c) permit mixed-use development; and (d) allow accessory dwelling
units; and
4. built new affordable housing units that (a) are deed-restricted to households
whose income is 80% or less of the state median income and (b) equal at
least 1% of the municipality’s total housing units in the three years
immediately before the municipality’s grant application.
EFFECTIVE DATE: October 1, 2023
§ 43 — DOH TEMPORARY HOUSING PILOT PROGRAM O L R P U B L I C A C T S U M M A R Y
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Requires DOH, within available appropriations, to establish a pilot program to provide
temporary housing to individuals experiencing homelessness and veterans who need respite care
The act requires DOH, within available appropriations, to establish a pilot
program to provide temporary housing to individuals experiencing homelessness
and veterans who need respite care. Under the act, the program must (1) be
implemented in at least three municipalities with populations of 75,000 or more and
(2) provide at least 20 housing units for eligible individuals in need of respite care
due to injury or illness. The act requires the DOH commissioner to establish
program eligibility criteria and allows the department to contract with nonprofit
organizations to administer it.
The act terminates the pilot program on January 1, 2025, by which time DOH
must report on the program to the Housing Committee.
EFFECTIVE DATE: October 1, 2023