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General Assembly Substitute Bill No. 6944
January Session, 2025
AN ACT REQUIRING A MUNICIPALITY TO INCLUDE CERTAIN
INFORMATION IN ITS AFFORDABLE HOUSING PLAN.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Section 8-30j of the general statutes is repealed and the 1
following is substituted in lieu thereof (Effective July 1, 2025): 2
(a) As used in this section: 3
(1) "Affordable housing plan" means a plan for the development of 4
affordable housing units in a municipality; 5
(2) "Affordable housing unit" has the same meaning as provided in 6
section 4-68ii; 7
(3) "Discretionary funding" means any grant, loan or other financial 8
assistance program administered by the state under the provisions of 9
sections 4-66g, 4-66h and 8-13m to 8-13x, inclusive, and subsection (b) of 10
section 13a-175a; 11
(4) "Interested party" means an organization that has received tax-12
exempt status from the Internal Revenue Service and whose mission 13
includes providing or advocating for increased access to, and supply of, 14
housing for low-income households or an entity that seeks to construct 15
a housing development contributing to a municipality's affordable 16 Substitute Bill No. 6944
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housing allocation; 17
(5) "Housing development" means an intended or proposed 18
development that: (A) conforms with subdivision (3) or (6) of subsection 19
(a) of section 8-30g, as in effect as of January 1, 2025, or (B) includes (i) 20
at least twenty per cent of all units as affordable housing units that are 21
non-age-restricted; (ii) at least five per cent of all units in the 22
development as affordable housing units that are sold or rented to very 23
low income households, with such units counting toward the overall 24
twenty per cent of affordable housing units in the development; and (iii) 25
at least ten per cent of all deed-restricted units have two or more 26
bedrooms; 27
(6) "Low-income household" means a person or family with an 28
annual income at or below eighty per cent of the area median income; 29
(7) "Municipal affordable housing allocation" has the same meaning 30
as "municipal fair share allocation" in section 4-68ii; 31
(8) "Realistic opportunity" means the possibility for affordable 32
housing to be constructed for the benefit of low-income households in a 33
time frame and with administrative burdens, including fees and 34
hearings comparable to those for single-family homes, while 35
considering financial feasibility and applicable municipal rules, policies 36
and practices; 37
(9) "Secretary" means the Secretary of the Office of Policy and 38
Management; and 39
(10) "Very low income household" means a person or family with an 40
annual income less than or equal to fifty per cent of the area median 41
income. 42
[(a) (1) Not later than June 1, 2022] (b) Within five years after the date 43
a previous affordable housing plan was adopted, and at least once every 44
five years thereafter, each municipality shall prepare or amend and 45
adopt an affordable housing plan for the municipality and shall submit 46 Substitute Bill No. 6944
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a copy of such plan to the Secretary of the Office of Policy and 47
Management. [Such plan shall specify how the municipality intends to 48
(A) increase the number of affordable housing developments in the 49
municipality, and (B) for any affordable housing plan submitted after 50
October 1, 2023, improve the accessibility of affordable housing units for 51
individuals with an intellectual disability or other developmental 52
disabilities.] The secretary shall post such housing plan on the office's 53
Internet web site. 54
(c) Any municipality in the highest eighty per cent of net equalized 55
per capita grand list income as of June first of the year prior to the year 56
the plan is due shall complete a priority affordable housing plan. Such 57
plan shall specify how the municipality intends to use its municipal 58
powers, including zoning, to create a realistic opportunity for the 59
development of the number of affordable housing units allocated to it 60
pursuant to subdivision (7) of subsection (a) of section 4-68ii. Among 61
the total units planned, at least: (1) Twenty per cent of all units shall be 62
affordable for very low income households; (2) fifty per cent of all units 63
shall be rental units; (3) seventy-five per cent of all units shall not be 64
restricted by age of occupant; (4) fifty per cent of all units shall not be 65
restricted by age of occupant and shall include two or more bedrooms; 66
and (5) eighty per cent of all units shall contain at least two bedrooms. 67
(d) A municipality shall apply for approval of its priority affordable 68
housing plan required pursuant to the provisions of subsection (c) of 69
this section by applying in writing to the secretary and including any 70
evidence required by statute or regulations adopted by the secretary 71
pursuant to subsection (h) of this section. Upon receipt of such 72
application, the secretary shall promptly cause a notice of the filing of 73
the application to be published in the Connecticut Law Journal, stating 74
that public comment on such application shall be accepted by the 75
secretary for a period of thirty days after the publication of such notice. 76
Not later than ninety days after receipt of such application, the secretary 77
shall either approve or reject such application. Such approval or 78
rejection shall be accompanied by a written statement of the reasons for 79
approval or rejection, pursuant to the provisions of this subsection. If 80 Substitute Bill No. 6944
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the application is approved, the secretary shall promptly cause a 81
certificate of priority affordable housing plan approval to be published 82
in the Connecticut Law Journal. If the secretary fails to either approve 83
or reject the application within such ninety-day period, such application 84
shall be deemed provisionally approved. Such provisional approval 85
shall remain in effect unless the secretary subsequently acts upon and 86
rejects the application, in which case the provisional approval shall 87
terminate upon notice to the municipality by the secretary. 88
(e) A municipality shall submit an application for approval of its 89
amended zoning and other policies within twelve months of the 90
approval of its priority affordable housing plan. Not later than ninety 91
days after the receipt of such application, the secretary shall either 92
approve or reject the application. Such approval or rejection shall be 93
accompanied by a written statement of the reasons for approval or 94
rejection. If the application is approved, the secretary shall promptly 95
cause a certificate of zoning and policy changes approval to be 96
published in the Connecticut Law Journal. If the secretary fails to either 97
approve or reject the zoning and policy changes within such ninety-day 98
period, such application shall be deemed provisionally approved. Such 99
provisional approval shall remain in effect unless the secretary 100
subsequently acts upon and rejects the application, in which case the 101
provisional approval shall terminate upon notice to the municipality by 102
the secretary. 103
[(2)] (f) If, at the same time the municipality is required to submit to 104
the Secretary of the Office of Policy and Management an affordable 105
housing plan pursuant to [subdivision (1) of this] subsection (b) of this 106
section, the municipality is also required to submit to the secretary a 107
plan of conservation and development pursuant to section 8-23, such 108
affordable housing plan may be included as part of such plan of 109
conservation and development. The municipality may, to coincide with 110
its submission to the secretary of a plan of conservation and 111
development, submit to the secretary an affordable housing plan early, 112
provided the municipality's next such submission of an affordable 113
housing plan shall be five years thereafter. 114 Substitute Bill No. 6944
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[(b)] (g) The municipality may hold public informational meetings or 115
organize other activities to inform residents about the process of 116
preparing the plan and shall post a copy of any draft plan or amendment 117
to such plan on the Internet web site of the municipality. If the 118
municipality holds a public hearing, such posting shall occur at least 119
thirty-five days prior to the public hearing. After adoption of the plan, 120
the municipality shall file the final plan in the office of the town clerk of 121
such municipality and post the plan on the Internet web site of the 122
municipality. 123
[(c) Following adoption, the municipality shall regularly review and 124
maintain such plan. The municipality may adopt such geographical, 125
functional or other amendments to the plan or parts of the plan, in 126
accordance with the provisions of this section, as it deems necessary. If 127
the municipality fails to amend and submit to the Secretary of the Office 128
of Policy and Management such plan every five years, the chief elected 129
official of the municipality shall submit a letter to the secretary that (1) 130
explains why such plan was not amended, and (2) designates a date by 131
which an amended plan shall be submitted.] 132
(h) The secretary shall, within available appropriations, adopt 133
regulations in accordance with the provisions of chapter 54 regarding 134
review and approval of priority affordable housing plans. Such 135
regulations shall include criteria for evaluating whether the plan creates 136
a reasonable opportunity for the creation of the units allocated to the 137
municipality. Such regulations shall require: (1) Identification of specific 138
zones or parcels in the municipality sufficient to build the municipality's 139
affordable housing allocation as of right; (2) the permitted density for 140
such zones or parcels; (3) a summary of the appropriate and necessary 141
changes to other municipal processes and procedures to be made to 142
allow for the creation of the municipality's affordable housing 143
allocation; (4) an explanation, documented by evidence, of how the plan 144
meets the obligations of this section or why the municipality is unable 145
to do so; and (5) such additional criteria as the secretary deems 146
appropriate. Such regulations shall also set forth the process for the 147
review and approval of zoning and other policy changes adopted by the 148 Substitute Bill No. 6944
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municipality to implement the approved plan and shall include criteria 149
for evaluating whether updated zoning and other policies adopted by 150
the municipality create a reasonable opportunity for the creation of the 151
units allocated to the municipality. 152
(i) An interested party may bring an action in Superior Court to 153
review the conformity with the provisions of this section of any 154
approved priority affordable housing plan, or portion thereof or 155
revision thereto, pursuant to section 52-29. The Superior Court's review 156
of compliance with the provisions of this section shall extend to whether 157
the priority affordable housing plan, or portion thereof or revision 158
thereto, substantially complies with the requirements of this section. 159
The burden shall be on the secretary to prove, based upon the evidence 160
in the record upon which the approval was made, that the approval and 161
the reasons cited for such approval are supported by sufficient evidence 162
in the record. If the interested party prevails, the Superior Court may 163
grant such legal and equitable relief which it deems appropriate, 164
including the remedies set forth in section 46a-104, as amended by this 165
act. 166
(j) Not later than December 15, 2035, and every ten years thereafter, 167
the secretary shall produce updated affordable housing estimates and 168
allocations, as described in subsection (b) of section 4-68ii. 169
(k) Any municipality not required to create a priority affordable 170
housing plan, or with an approved priority affordable housing plan and, 171
within twelve months, that has implemented approved changes to 172
zoning and related policies, shall be eligible for prioritized discretionary 173
funding. The secretary shall make recommendations to the state agency 174
responsible for administering such funding and, if a priority 175
designation is permitted for such funding, such agency may prioritize 176
any eligible municipality over any municipality that is not eligible. 177
Nothing in this subsection shall be construed to limit the use of funding 178
received pursuant to this section if the use of such funding to improve, 179
expand, manage or maintain real property for the purposes of 180
developing affordable housing also benefits real property not used for 181 Substitute Bill No. 6944
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the purposes of developing affordable housing. 182
(l) Within available funding, the secretary, or, if designated by the 183
secretary, the Commissioner of Housing or chief executive officer of the 184
Connecticut Housing Finance Authority, shall make available grants to 185
municipalities and councils of government to support municipal 186
planning and zoning technical assistance to comply with the provisions 187
of this section. 188
Sec. 2. Section 46a-104 of the general statutes is repealed and the 189
following is substituted in lieu thereof (Effective July 1, 2025): 190
The court may grant a complainant in an action brought in 191
accordance with section 46a-100 or section 8-30j, as amended by this act, 192
such legal and equitable relief which it deems appropriate including, 193
but not limited to, temporary or permanent injunctive relief, punitive 194
damages, attorney's fees and court costs. The amount of attorney's fees 195
allowed shall not be contingent upon the amount of damages requested 196
by or awarded to the complainant. 197
This act shall take effect as follows and shall amend the following
sections:
Section 1 July 1, 2025 8-30j
Sec. 2 July 1, 2025 46a-104
Statement of Legislative Commissioners:
In Section 1(a)(5)(B)(i), duplicative text was deleted, in Section 1(a)(7)
"municipal fair share allocation" was added for accuracy, in Section 1(d),
the first sentence was rewritten for accuracy and consistency with
standard drafting conventions and in Section 1(h), terms were reworded
to be consistent with the term defined in Section 1(a)(7).
HSG Joint Favorable Subst.