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Municipal Group News: CT General Assembly Override Changes Affordable Housing Land Use Appeals Procedure

During a veto session on Monday, July 24th, the Connecticut General Assembly overrode Governor Malloy's veto of H.B. 6880 (Public Act No. 17-170).  The result is several changes to the Affordable Housing Land Use Appeals Procedure (“Section 8-30g”). 

As a result of the veto override, the following general changes have been made to Section 8-30g:

  1. Mobile manufactured homes located in resident-owned parks that have affordability restrictions now count toward a moratorium.
  2. Through September 30, 2022 a municipality is eligible for a moratorium from the provisions of Section 8-30g if it shows that it has added affordable housing units equal to the greater of two percent of the housing stock, or fifty Housing Unit Equivalent (HUE) points. Under the prior statute, the minimum number of HUE points required was seventy-five.
  3. For municipalities with 20,000 or more affordable housing units, the HUE requirements for achieving a subsequent moratoria have been reduced from two percent of the total housing units to one and a half percent and the term of a second or subsequent moratorium is extended from four to five years.
  4. Through September 30, 2022, restricted family units with at least three bedrooms, or those located in an Incentive Housing Zone (“IHZ”), receive a quarter-point bonus. Restricted elderly units receive a half-point bonus if at least 60% of the total restricted units counted toward the moratorium are family units.
  5. Through September 30, 2022, restricted units in an IHZ count toward a moratorium.
  6. Municipalities are now required to adopt or update an affordable housing plan every five years. The plan must outline how the municipality intends to increase its number of affordable housing developments.
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About this Author

Kari Olson, Murtha Cullina Law Firm, Land Use Litigation Attorney
Partner

Kari L. Olson represents clients in the area of municipal and land use litigation, general commercial and creditor’s rights litigation and probate litigation.

Kari regularly represents municipalities, businesses, and individuals in all phases of local land-use approval and litigation. Her land use practice encompasses property boundary disputes, zoning, planning, subdivisions, inland wetlands and water pollution control authorities. She frequently has represented planning and zoning commissions and developers at both the local and appellate...

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