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OLR Bill Analysis
sHB 5335
AN ACT CONCERNING THE DEVELOPMENT OF MIDDLE
HOUSING.
SUMMARY
This bill permits municipal zoning regulations to allow middle
housing developments “as-of-right” on lots zoned for residential use,
commercial use, or mixed-use development (if the lot is served by a
public sewage and water system). It also awards any municipality that
adopts this type of zoning regulation points towards a moratorium
under the CGS § 8-30g affordable housing land use appeals procedure
(“8-30g appeals procedure”) for each middle housing dwelling unit that
is built.
Under the bill, a municipality is awarded 0.25 housing unit
equivalent (HUE) points for each of these middle housing units for
which the municipality issues a certificate of occupancy (see
BACKGROUND). Under current law, HUE points are generally not
awarded for market-rate units unless they are in housing developments
with a specified percentage of other deed-restricted units meeting
certain affordability requirements (these market-rate units are awarded
0.25 points each). Under the bill, middle housing units need not be
subject to any affordability restrictions to qualify for HUE points.
Lastly, the bill makes technical and conforming changes. It defines
“live work unit” to clarify existing law’s definition of “cottage cluster,”
which is a group of at least four detached housing units or live work
units (per acre) located around a common open area. Under the bill, a
live work unit is a building, or space within it, that the occupant uses
for both residential and commercial purposes.
By law, (1) middle housing is duplexes, triplexes, quadplexes,
townhouses, and cottage clusters; and (2) housing developed as-of-right 2024HB-05335-R000109-BA.DOCX
Researcher: SM Page 2 3/25/24
can be approved if it complies with zoning regulations, without
requiring a public hearing, variance, special permit or exception, or any
other discretionary zoning action, except for a determination that a site
plan conforms with the applicable regulations.
EFFECTIVE DATE: October 1, 2024
BACKGROUND
Moratoria From 8-30g Appeals Procedure
By law, a municipality is generally eligible for a temporary
suspension of the 8-30g appeals procedure (i.e., a moratorium) each time
it shows it has added a certain number of affordable housing units over
the applicable time period (since July 1, 1990, for first moratoria). To be
granted a moratorium, a municipality must achieve the greater of (1) 75
HUE points or (2) HUE points equaling more than 2% of their total
housing stock, as determined by the most recent decennial census.
However, the law provides an exception for certain municipalities.
Under the exception, the 2% threshold drops to 1.5% for municipalities
that have at least 20,000 dwelling units, adopt an affordable housing
plan, and apply for a second or subsequent moratorium.
COMMITTEE ACTION
Housing Committee
Joint Favorable
Yea 15 Nay 0 (03/07/2024)