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General Assembly Substitute Bill No. 5335
February Session, 2024
AN ACT CONCERNING THE DEVELOPMENT OF MIDDLE HOUSING.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Subsection (b) of section 8-1a of the general statutes is 1
repealed and the following is substituted in lieu thereof (Effective October 2
1, 2024): 3
(b) As used in this chapter and section 2 of this act: 4
(1) "Accessory apartment" means a separate dwelling unit that (A) is 5
located on the same lot as a principal dwelling unit of greater square 6
footage, (B) has cooking facilities, and (C) complies with or is otherwise 7
exempt from any applicable building code, fire code and health and 8
safety regulations; 9
(2) "Affordable accessory apartment" means an accessory apartment 10
that is subject to binding recorded deeds which contain covenants or 11
restrictions that require such accessory apartment be sold or rented at, 12
or below, prices that will preserve the unit as housing for which, for a 13
period of not less than ten years, persons and families pay thirty per cent 14
or less of income, where such income is less than or equal to eighty per 15
cent of the median income; 16
(3) "As of right" or "as-of-right" means able to be approved in 17
accordance with the terms of a zoning regulation or regulations and 18 Substitute Bill No. 5335
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without requiring that a public hearing be held, a variance, special 19
permit or special exception be granted or some other discretionary 20
zoning action be taken, other than a determination that a site plan is in 21
conformance with applicable zoning regulations; 22
(4) "Cottage cluster" means a grouping of at least four detached 23
housing units, or live work units, per acre that are located around a 24
common open area; 25
(5) "Live work unit" means a building or a space within a building 26
used for both commercial and residential purposes by an individual 27
residing within such building or space; 28
[(5)] (6) "Middle housing" means duplexes, triplexes, quadplexes, 29
cottage clusters and townhouses; 30
[(6)] (7) "Mixed-use development" means a development containing 31
both residential and nonresidential uses in any single building; and 32
[(7)] (8) "Townhouse" means a residential building constructed in a 33
grouping of three or more attached units, each of which shares at least 34
one common wall with an adjacent unit and has exterior walls on at least 35
two sides. 36
Sec. 2. (NEW) (Effective October 1, 2024) (a) Any zoning regulations 37
adopted pursuant to section 8-2 of the general statutes may allow for the 38
as-of-right development of middle housing on any lot that allows for 39
residential use, commercial use or mixed-use development, provided 40
such lot is served by a public sewage and water system. 41
(b) Any municipality that adopts zoning regulations that allow for 42
the as-of-right development of middle housing as described in 43
subsection (a) of this section shall be awarded one-quarter housing unit-44
equivalent point pursuant to subdivision (6) of subsection (l) of section 45
8-30g of the general statutes, as amended by this act, for each dwelling 46
unit, as defined in section 47a-1 of the general statutes, for which a 47
certificate of occupancy has been issued by the municipality. 48 Substitute Bill No. 5335
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Sec. 3. Subdivision (6) of subsection (l) of section 8-30g of the general 49
statutes is repealed and the following is substituted in lieu thereof 50
(Effective October 1, 2024): 51
(6) For the purposes of this subsection, housing unit-equivalent 52
points shall be determined by the commissioner as follows: (A) No 53
points shall be awarded for a unit unless its occupancy is restricted to 54
persons and families whose income is equal to or less than eighty per 55
cent of the median income, except that (i) unrestricted units in a set-56
aside development shall be awarded [one-fourth] one-quarter point 57
each; and (ii) dwelling units in middle housing developed as of right 58
pursuant to section 2 of this act shall be awarded one-quarter point each. 59
(B) Family units restricted to persons and families whose income is 60
equal to or less than eighty per cent of the median income shall be 61
awarded one point if an ownership unit and one and one-half points if 62
a rental unit. (C) Family units restricted to persons and families whose 63
income is equal to or less than sixty per cent of the median income shall 64
be awarded one and one-half points if an ownership unit and two points 65
if a rental unit. (D) Family units restricted to persons and families whose 66
income is equal to or less than forty per cent of the median income shall 67
be awarded two points if an ownership unit and two and one-half points 68
if a rental unit. (E) Elderly units restricted to persons and families whose 69
income is equal to or less than eighty per cent of the median income shall 70
be awarded one-half point. (F) A set-aside development containing 71
family units which are rental units shall be awarded additional points 72
equal to twenty-two per cent of the total points awarded to such 73
development, provided the application for such development was filed 74
with the commission prior to July 6, 1995. (G) A mobile manufactured 75
home in a resident-owned mobile manufactured home park shall be 76
awarded points as follows: One and one-half points when occupied by 77
persons and families with an income equal to or less than eighty per cent 78
of the median income; two points when occupied by persons and 79
families with an income equal to or less than sixty per cent of the median 80
income; and one-fourth point for the remaining units. 81 Substitute Bill No. 5335
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This act shall take effect as follows and shall amend the following
sections:
Section 1 October 1, 2024 8-1a(b)
Sec. 2 October 1, 2024 New section
Sec. 3 October 1, 2024 8-30g(l)(6)
Statement of Legislative Commissioners:
In Section 1(b)(3), "or as-of-right" was added for clarity.
HSG Joint Favorable Subst. -LCO