Connecticut 2017 Regular Session Status: In Committee

SB 535 — AN ACT REVISING THE AFFORDABLE HOUSING LAND USE APPEALS PROCESS AND REQUIREMENTS FOR AFFORDABLE HOUSING APPLICATIONS AND OBTAINING A MUNICIPAL MORATORIUM.

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    Introduced
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    In Committee
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    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2017 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

27 added · 63 removed

Plain-language change summary

The amendments to SB 535 introduce specific criteria for denying affordable housing applications based on size and density parameters related to the zoning of the proposed site. They also clarify the burden of proof for commissions in appeals, specifying that they must demonstrate their decisions are supported by adequate evidence and necessary for public interest. Additionally, the bill mandates that municipalities prepare or amend affordable housing plans every four years, outlining how they intend to increase affordable housing developments. This change aims to enhance transparency and requirements for local governments regarding affordable housing initiatives.

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General Assembly   Committee Bill No.
General Assembly   Substitute Bill No.
535 January Session, 2017   LCO No.
535 January Session, 2017   *_____SB00535HSG___030817____* AN ACT REVISING THE AFFORDABLE HOUSING LAND USE APPEALS PROCESS AND REQUIREMENTS FOR AFFORDABLE HOUSING APPLICATIONS AND OBTAINING A MUNICIPAL MORATORIUM.
3838   *03838SB00535HSG* Referred to Committee on HOUSING   Introduced by:
  (HSG)   AN ACT REVISING THE AFFORDABLE HOUSING LAND USE APPEALS PROCESS AND REQUIREMENTS FOR AFFORDABLE HOUSING APPLICATIONS AND OBTAINING A MUNICIPAL MORATORIUM.
(3) Any commission may deny an affordable housing application submitted on or after October 1, 2017, on the grounds that the proposed development contains twenty-five units or less and is more than two times the density of the surrounding zone, provided the municipality where such development would be located has (A) five per cent or more of dwelling units that constitute affordable housing, and (B) at least two noncontiguous areas that are zoned for multifamily housing as of right.
(3) Any commission may deny an affordable housing application submitted on or after October 1, 2017, on the grounds that the proposed development contains twenty-five units or less and is more than two times the density of the zone in which the proposed development would be located, provided such zone is not in a transit-oriented district and the municipality where such zone is located has (A) five per cent or more of dwelling units that constitute affordable housing, as calculated under the criteria set forth in subsection (l) of this section, and (B) at least two noncontiguous areas that are zoned for multifamily housing as of right.
(4) Any commission that is located in a municipality with an historic district commission established under chapter 97a or an historic properties commission may require the person filing the affordable housing application on or after October 1, 2017, to first obtain a certificate of appropriateness from such historic district or historic properties commission if the proposed development would be located on a parcel of land that is not located within the municipality's historic district but (A) that contains a building listed on the National or State Register of Historic Places, or (B) that is located within a one-quarter of a mile radius of a structure identified as historic by the Historic Preservation Council established under section 10-409.
If the applicant is unable to obtain such certificate, the commission may deny the affordable housing application.
Any commission, by regulation, may adopt specific guidelines for affordable housing applications that conform to best practices for the design of affordable housing, including, but not limited to, setback requirements relevant to the existing structures within the neighborhood context.
[Affordable] Each affordable housing [appeals] appeal, including any pretrial [motions] motion, shall be heard by a [judge] panel of three judge trial referees assigned by the Chief Court Administrator to hear such appeals.
Affordable housing appeals, including pretrial motions, shall be heard by a [judge] rotation of judges assigned by the Chief Court Administrator to hear such appeals.
To the extent practicable, efforts shall be made to assign such cases to a small number of [judges] judge trial referees, sitting in geographically diverse parts of the state, so that a consistent body of expertise can be developed.
[To the extent practicable, efforts shall be made to assign such cases to a small number of judges, sitting in geographically diverse parts of the state, so that a consistent body of expertise can be developed.
Unless otherwise ordered by the Chief Court Administrator, such appeals, including pretrial motions, shall be heard by such assigned [judges] panel in the judicial district in which such [judge is] judge trial referees are sitting.
Unless otherwise ordered by the Chief Court Administrator, such] Such appeals, including pretrial motions, shall be heard by such assigned judges in the judicial district in which such judge is sitting.
(g) [Upon] (1) Except as provided in subdivision (2) of this subsection, upon an appeal taken under subsection (f) of this section, the burden shall be on the commission to prove, based upon the evidence in the record compiled before such commission, that the decision from which such appeal is taken and the reasons cited for such decision are supported by sufficient evidence in the record.
(g) Upon an appeal taken under subsection (f) of this section, the burden shall be on the commission to prove, based upon the evidence in the record compiled before such commission, that the decision from which such appeal is taken and the reasons cited for such decision are supported by sufficient evidence in the record.
For any such appeal, the commission may call as a witness any independent layperson who has established, credible personal knowledge of the proposed site that is the subject of the affordable housing application and the court may, in its discretion, afford sufficient weight to such testimony as afforded to expert testimony for purposes of the appeal, provided there is evidence in the record that such layperson testified at the public hearing of the commission and that the commission found such person to be credible and afforded such testimony similar weight as afforded to expert testimony.
The commission shall also have the burden to prove, based upon the evidence in the record compiled before such commission, that (1) (A) the decision is necessary to protect substantial public interests in health, safety or other matters which the commission may legally consider, including, but not limited to, best planning practices and design standards;
The commission shall also have the burden to prove, based upon the evidence in the record compiled before such commission, that [(1)] (A) (i) the decision is necessary to protect substantial public interests in health, safety or other matters which the commission may legally consider;
(B) such public interests clearly outweigh the need for affordable housing;
[(B)] (ii) such public interests clearly outweigh the need for affordable housing;
and (C) such public interests cannot be protected by reasonable changes to the affordable housing development, [or] (2) (A) the application which was the subject of the decision from which such appeal was taken would locate affordable housing in an area which is zoned for industrial use and which does not permit residential uses;
and [(C)] (iii) such public interests cannot be protected by reasonable changes to the affordable housing development, [or (2) (A)] (B) (i) the application which was the subject of the decision from which such appeal was taken would locate affordable housing in an area which is zoned for industrial use and which does not permit residential uses;
and (B) the development is not assisted housing, [as defined in subsection (a) of this section] or (3) the application which was the subject from which such appeal was taken concerns affordable housing that is (A) twenty-five units or less, and (B) more than two times the density of the zone in which the proposed development would be located, provided such zone is not in a transit-oriented district and the municipality where such zone is located satisfies the criteria specified in subdivision (3) of subsection (b) of this section.
and [(B)] (ii) the development is not assisted housing, as defined in subsection (a) of this section, (C) the application which was the subject from which such appeal was taken concerns affordable housing that is twenty-five units or less and is more than two times the density of the surrounding zone and the municipality satisfies the criteria specified in subdivision (3) of subsection (b) of this section, or (D) the application which was the subject from which such appeal was taken would locate affordable housing on a parcel of land described in subdivision (4) of subsection (b) of this section and the applicant failed to obtain a certificate of appropriateness from the applicable historic district or historic properties commission.
(2) Upon any appeal taken under subsection (f) of this section, if the commission decision was based upon design guidelines issued by the commission pursuant to subsection (c) of this section, the burden shall be upon the person who filed the affordable housing application which is the subject of such appeal to prove that such design guidelines are not reasonably related to the best practices for the design of affordable housing.
[(k)] (l) Notwithstanding the provisions of subsections (a) to (j), inclusive, of this section, the affordable housing appeals procedure established under this section shall not be available if the real property which is the subject of the application is located in a municipality in which at least ten per cent of all dwelling units in the municipality are (1) assisted housing, or (2) currently financed by Connecticut Housing Finance Authority mortgages, or (3) subject to binding recorded deeds containing covenants or restrictions which require that such dwelling units be sold or rented at, or below, prices which will preserve the units as housing for which persons and families pay thirty per cent or less of income, where such income is less than or equal to eighty per cent of the median income, or (4) mobile manufactured homes located in mobile manufactured home parks or legally approved accessory apartments, which homes or apartments are subject to binding recorded deeds containing covenants or restrictions which require that such dwelling units be sold or rented at, or below, prices which will preserve the units as housing for which, for a period of not less than ten years, persons and families pay thirty per cent or less of income, where such income is less than or equal to eighty per cent of the median income.
[(k)] (l) [Notwithstanding the provisions of subsections (a) to (j), inclusive, of this section, the] The affordable housing appeals procedure established under this section shall not be available if the real property which is the subject of the application is located in a municipality in which at least ten per cent of all dwelling units in the municipality are (1) assisted housing, [or] (2) currently financed by Connecticut Housing Finance Authority mortgages, [or] (3) subject to binding recorded deeds containing covenants or restrictions which require that such dwelling units be sold or rented at, or below, prices which will preserve the units as housing for which persons and families pay thirty per cent or less of income, where such income is less than or equal to eighty per cent of the median income, [or] (4) mobile manufactured homes located in mobile manufactured home parks or legally approved accessory apartments, which homes or apartments are subject to binding recorded deeds containing covenants or restrictions which require that such dwelling units be sold or rented at, or below, prices which will preserve the units as housing for which, for a period of not less than ten years, persons and families pay thirty per cent or less of income, where such income is less than or equal to eighty per cent of the median income, or (5) mobile manufactured homes located in resident-owned mobile manufactured home parks.
As used in this subsection, "accessory apartment" means a separate living unit that (A) is attached to the main living unit of a house, which house has the external appearance of a single-family residence, (B) has a full kitchen, (C) has a square footage that is not more than thirty per cent of the total square footage of the house, (D) has an internal doorway connecting to the main living unit of the house, (E) is not billed separately from such main living unit for utilities, and (F) complies with the building code and health and safety regulations.
As used in this subsection, "accessory apartment" means a separate living unit that (A) is attached to the main living unit of a house, which house has the external appearance of a single-family residence, (B) has a full kitchen, (C) has a square footage that is not more than thirty per cent of the total square footage of the house, (D) has an internal doorway connecting to the main living unit of the house, (E) is not billed separately from such main living unit for utilities, and (F) complies with the building code and health and safety regulations, and "resident-owned mobile manufactured home park" means a mobile manufactured home park consisting of mobile manufactured homes located on land that is deed restricted at the time of issuance of a loan for the purchase of such land where such loan requires (i) seventy-five per cent of units to be set aside for persons with incomes equal to or less than eighty per cent of the median income, and (ii) forty per cent of said seventy-five per cent to be set aside for persons with incomes equal to or less than sixty per cent of the median income.
[(l)] (m) (1) [Notwithstanding the provisions of subsections (a) to (j), inclusive, of this section,] Except as provided in subdivision (2) of this subsection, the affordable housing appeals procedure established under this section shall not be applicable to an affordable housing application filed with a commission during a moratorium, which shall be the four-year period [after] commencing when (A) a certification of affordable housing project completion issued by the commissioner is published in the Connecticut Law Journal, or (B) [after] notice of a provisional approval is published pursuant to subdivision (4) of this subsection.
[(l)] (m) (1) [Notwithstanding the provisions of subsections (a) to (j), inclusive, of this section] Except as provided in subdivision (2) of this subsection, the affordable housing appeals procedure established under this section shall not be applicable to an affordable housing application filed with a commission during a moratorium, which shall be the four-year period [after] commencing when (A) a certification of affordable housing project completion issued by the commissioner is published in the Connecticut Law Journal, or (B) [after] notice of a provisional approval is published pursuant to subdivision (4) of this subsection.
(2) [Notwithstanding the provisions of this subsection, such] Such moratorium shall not apply to (A) affordable housing applications for assisted housing in which ninety-five per cent of the dwelling units are restricted to persons and families whose income is less than or equal to sixty per cent of median income, (B) other affordable housing applications for assisted housing containing forty or fewer dwelling units, or (C) affordable housing applications which were filed with a commission pursuant to this section prior to the date upon which the moratorium takes effect.
(2) [Notwithstanding the provisions of this subsection, such] Such moratorium shall not apply to (A) affordable housing applications for assisted housing in which ninety-five per cent of the dwelling units are restricted to persons and families whose income is less than or equal to sixty per cent of the median income, (B) other affordable housing applications for assisted housing containing forty or fewer dwelling units, or (C) affordable housing applications which were filed with a commission pursuant to this section prior to the date upon which the moratorium takes effect.
(4) (A) The commissioner shall issue a certificate of affordable housing project completion for the purposes of this subsection upon finding that there has been completed within the municipality one or more affordable housing developments which create housing unit-equivalent points equal to (i) the greater of two per cent of all dwelling units in the municipality, as reported in the most recent United States decennial census, or seventy-five housing unit-equivalent points, or (ii) for any municipality that has adopted an affordable housing plan in accordance with section 2 of this act, the greater of one and one-half per cent of all dwelling units in the municipality, as reported in the most recent United States decennial census, or fifty housing unit-equivalent points.
(4) (A) The commissioner shall issue a certificate of affordable housing project completion for the purposes of this subsection upon finding that there has been completed within the municipality one or more affordable housing developments which create housing unit-equivalent points equal to (i) the greater of two per cent of all dwelling units in the municipality, as reported in the most recent United States decennial census, or seventy-five housing unit-equivalent points, or (ii) for any municipality that has adopted an affordable housing plan in accordance with section 2 of this act, the greater of one and three-fourths per cent of all dwelling units in the municipality, as reported in the most recent United States decennial census, or fifty housing unit-equivalent points.
Such documentation shall include the location of each approved or completed dwelling unit being counted, the number of points each dwelling unit has been assigned, and the reason, pursuant to this subsection, for assigning such points to such dwelling unit.
Such documentation shall include the location of each dwelling unit being counted, the number of points each dwelling unit has been assigned, and the reason, pursuant to this subsection, for assigning such points to such dwelling unit.
(5) For the purposes of this subsection, "approved" means a project to construct a unit has been approved by a commission pursuant to this section, "completed" means a certificate of occupancy has been issued for a unit, "elderly units" are dwelling units whose occupancy is restricted by age, [and] "family units" are dwelling units whose occupancy is not restricted by age and "mobile manufactured home" means a unit located in a resident-owned mobile manufactured home park consisting of land that is deed restricted at the time of issuance of a loan for the purchase of such land where such loan requires (A) seventy-five per cent of units to be set aside for persons with incomes equal to or less than eighty per cent of median income, and (B) forty per cent of said seventy-five per cent to be set aside for persons with incomes equal to or less than sixty per cent of median income.
(5) For the purposes of this subsection, "elderly units" are dwelling units whose occupancy is restricted by age, [and] "family units" are dwelling units whose occupancy is not restricted by age and "resident-owned mobile manufactured home park" has the same meaning as provided in subsection (l) of this section.
(A) No points shall be awarded for a unit unless its occupancy is restricted to persons and families whose income is equal to or less than eighty per cent of median income, except that unrestricted units in a set-aside development shall be awarded one-fourth point each.
(A) No points shall be awarded for a unit unless its occupancy is restricted to persons and families whose income is equal to or less than eighty per cent of the median income, except that (i) unrestricted units in a set-aside development shall be awarded one-fourth point each, and (ii) units receiving financial assistance under any governmental program for the construction or substantial rehabilitation of low and moderate income housing shall be awarded one point if an ownership unit and one-half point if a rental unit, provided such units are not otherwise awarded points under this subdivision.
(B) Family units restricted to persons and families whose income is equal to or less than eighty per cent of median income shall be awarded (i) one point if [an] a completed ownership unit and one and one-half points if a completed rental unit, and (ii) one-quarter point if an approved ownership unit and three-eighths of a point if an approved rental unit.
(B) Family units restricted to persons and families whose income is equal to or less than eighty per cent of the median income shall be awarded one point if an ownership unit and one and one-half points if a rental unit.
(C) Family units restricted to persons and families whose income is equal to or less than sixty per cent of median income shall be awarded (i) one and one-half points if [an] a completed ownership unit and two points if a completed rental unit, and (ii) three-eighths of point if an approved ownership unit and one-half point if an approved rental unit.
(C) Family units restricted to persons and families whose income is equal to or less than sixty per cent of the median income shall be awarded one and one-half points if an ownership unit and two points if a rental unit.
(D) Family units restricted to persons and families whose income is equal to or less than forty per cent of median income shall be awarded (i) two points if [an] a completed ownership unit and two and one-half points if a completed rental unit, [.
(D) Family units restricted to persons and families whose income is equal to or less than forty per cent of the median income shall be awarded two points if an ownership unit and two and one-half points if a rental unit.
(E)] and (ii) one-half point if an approved ownership unit and five-eighths of a point for an approved rental unit.
(F) Elderly units restricted to persons and families whose income is equal to or less than eighty per cent of median income shall be awarded one-half point [.
(F) Elderly units restricted to persons and families whose income is equal to or less than eighty per cent of the median income shall be awarded one-half point.
(F)] for a completed unit and one-eighth point for an approved unit.
[(F)] (G) If at least fifty per cent of the total restricted units submitted by a municipality as part of an application for a certificate of affordable housing project completion are family units, any elderly units submitted within such application shall be awarded an additional one-fourth point.
(G) If at least fifty per cent of the total restricted units submitted by a municipality as part of an application for a certificate of affordable housing project completion are family units, any elderly units submitted within such application shall be awarded an additional one-half point.
(H) Restricted family units located within an approved incentive housing development, as defined in section 8-13m, as amended by this act, shall be awarded an additional one-fourth point.
(H) Restricted family units located with an approved incentive housing development, as defined in section 8-13m, as amended by this act, shall be awarded an additional one-fourth point.
(J) A mobile manufactured home shall be awarded points as follows:
(J) A mobile manufactured home in a resident-owned mobile manufactured home park shall be awarded points as follows:
One and one-half points shall be awarded where a mobile manufactured home is occupied by persons and families with an income equal to or less than eighty per cent of the median income;
One and one-half points shall be awarded where a mobile manufactured home is restricted to persons and families with an income equal to or less than eighty per cent of the median income;
two points shall be awarded when a mobile manufactured home is occupied by persons and families with an income equal to or less than sixty per cent of the median income;
two points shall be awarded when a mobile manufactured home is restricted to persons and families with an income equal to or less than sixty per cent of the median income;
(K) In the calculating of points under this subdivision for any assisted housing that is restricted to both nonelderly disabled persons and elderly persons whose income is equal to or less than eighty per cent median income, the points awarded for such units shall be evenly divided with one-half of the units being awarded points in accordance with subparagraph (B) of this subdivision and the remainder of the units being awarded points in accordance with subparagraph (F) of this subdivision.
(K) In the calculating of points under this subdivision for any assisted housing that is restricted to both nonelderly disabled persons and elderly persons whose income is equal to or less than eighty per cent of the median income, the points awarded for such units shall be evenly divided with one-half of the units being awarded points in accordance with subparagraph (B) of this subdivision and the remainder of the units being awarded points in accordance with subparagraph (F) of this subdivision.
(7) Points shall be awarded only for dwelling units which [were] are (A) newly-constructed units in an affordable housing development, as that term was defined at the time of the affordable housing application, for which a certificate of occupancy was issued after July 1, 1990, [or] (B) newly subjected after July 1, 1990, to deeds containing covenants or restrictions which require that, for at least the duration required by subsection (a) of this section for set-aside developments on the date when such covenants or restrictions took effect, such dwelling units shall be sold or rented at, or below, prices which will preserve the units as affordable housing for persons or families whose income does not exceed eighty per cent of median income, (C) located within an approved incentive housing development, as defined in section 8-13m, as amended by this act, (D) located on land in a resident-owned mobile manufactured home park that contains resident-owned mobile manufactured homes, or (E) are approved units approved by a commission on or after October 1, 2017.
(7) Points shall be awarded only for dwelling units which were (A) newly-constructed units in an affordable housing development, as that term was defined at the time of the affordable housing application, for which a certificate of occupancy was issued after July 1, 1990, [or] (B) newly subjected after July 1, 1990, to deeds containing covenants or restrictions which require that, for at least the duration required by subsection (a) of this section for set-aside developments on the date when such covenants or restrictions took effect, such dwelling units shall be sold or rented at, or below, prices which will preserve the units as affordable housing for persons or families whose income does not exceed eighty per cent of median income, (C) located within an approved incentive housing development, as defined in section 8-13m, as amended by this act, or (D) located on land in a resident-owned mobile manufactured home park that contains mobile manufactured homes.
An approved unit shall be eligible to be counted toward a moratorium when it receives the approval of the commission to construct such unit, provided the municipality applies for a moratorium not later than two years after such approval.
(10) The affordable housing appeals procedure shall be applicable to affordable housing applications filed with a commission after a three-year moratorium expires, except (A) as otherwise provided in [subsection (k)] this subsection and subsections (k) and (l) of this section, or (B) when sufficient unit-equivalent points have been created within the municipality during one moratorium to qualify for a subsequent moratorium.
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Once an approved unit has been counted toward a moratorium, it shall not be eligible to receive any points when it receives a certificate of occupancy.
(10) The affordable housing appeals procedure shall be applicable to affordable housing applications filed with a commission after a three-year moratorium expires, except (A) as otherwise provided in subsection (k) of this section, or (B) when sufficient unit-equivalent points have been created within the municipality during one moratorium to qualify for a subsequent moratorium.
(m) The commissioner shall [, pursuant to] adopt regulations [adopted] in accordance with the provisions of chapter 54, to promulgate model deed restrictions which satisfy the requirements of this section.
[(m)] (n) The commissioner shall, pursuant to regulations adopted in accordance with the provisions of chapter 54, promulgate model deed restrictions which satisfy the requirements of this section.
(NEW) (Effective October 1, 2017) (a) At least once every four years, each municipality shall prepare or amend and shall adopt an affordable housing plan for the municipality.
(NEW) (Effective October 1, 2017) (a) At least once every four years, each municipality shall prepare or amend and adopt an affordable housing plan for the municipality.
(b) The municipality may hold public informational meetings or organize other activities to inform residents about the process of preparing the plan. If the municipality holds a public hearing, at least thirty-five days prior to the public hearing on the adoption, the municipality shall file in the office of the town clerk a copy of such draft plan or any amendments to the plan, and, if applicable, post such draft plan on the Internet web site of the municipality.
(b) The municipality may hold public informational meetings or organize other activities to inform residents about the process of preparing the plan. If the municipality holds a public hearing, at least thirty-five days prior to the public hearing on the adoption, the municipality shall file in the office of the town clerk of such municipality a copy of such draft plan or any amendments to the plan, and if applicable, post such draft plan on the Internet web site of the municipality.
After adoption of the plan, the municipality shall file the final plan in the office of the town clerk, and, if applicable, post the plan on the Internet web site of the municipality.
After adoption of the plan, the municipality shall file the final plan in the office of the town clerk of such municipality and, if applicable, post the plan on the Internet web site of the municipality.
If the plan is not amended every five years, the chief elected official of the municipality shall submit a letter to the Commissioner of Housing that explains why such plan was not amended.
If the municipality fails to amend such plan every four years, the chief elected official of the municipality shall submit a letter to the Commissioner of Housing that explains why such plan was not amended.
(12) "Median income" means, after adjustments for household size, the lessor of the state median income or the area median income as determined by the United States Department of Housing and Urban Development for the municipality in which an approved incentive housing zone or development is located.
(12) "Median income" means, after adjustments for household size, the lesser of the state median income or the area median income as determined by the United States Department of Housing and Urban Development for the municipality in which an approved incentive housing zone or development is located.
Section 8-30h of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2017):
Subparagraph (D) of subdivision (2) of subsection (a) of section 8-37qqq of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2017):
(a) On and after January 1, 1996, the developer, owner or manager of an affordable housing development, developed pursuant to subparagraph (B) of subdivision (1) of subsection (a) of section 8-30g, as amended by this act, that includes rental units shall provide annual certification to the commission that the development continues to be in compliance with the covenants and deed restrictions required under said section.
If the development does not comply with such covenants and deed restrictions, the developer, owner or manager shall rent the next available units to persons and families whose incomes satisfy the requirements of the covenants and deed restrictions until the development is in compliance.
(b) The commission may inspect the income statements of the tenants of the restricted units upon which the developer, owner or manager bases the certification.
Such tenant statements shall be confidential and shall not be deemed public records for the purposes of the Freedom of Information Act, as defined in section 1-200.
(c) Any municipality may, by ordinance, establish a reasonable penalty for failure to submit the certification required under subsection (a) of this section and for noncompliance with the covenant and deed restriction requirements.
Sec.
5.
Subsection (j) of section 7-147c of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2017):
(j) Any historic district commission established under this section may, unless prohibited by charter, ordinance or special act:
(1) Make periodic reports to the legislative body;
(2) provide information to property owners and others involving the preservation of the district;
(3) suggest pertinent legislation;
(4) initiate planning and zoning proposals;
(5) cooperate with other regulatory agencies and civic organizations and groups interested in historic preservation;
(6) comment on all applications for zoning variances and special exceptions where they affect historic districts;
(7) render advice on sidewalk construction and repair, tree planting, street improvements and the erection or alteration of public buildings not otherwise under its control where they affect historic districts;
(8) furnish information and assistance in connection with any capital improvement program involving historic districts;
(9) consult with groups of experts;
and (10) grant or deny certificates of appropriateness for affordable housing applications that would affect historic structures as described in subdivision (4) of subsection (b) of section 8-30g, as amended by this act.
Sec.
6.
Section 7-147d of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2017):
(a) No building or structure shall be erected or altered within an historic district until after an application for a certificate of appropriateness as to exterior architectural features has been submitted to the historic district commission and approved by said commission.
(b) No building permit for erection of a building or structure or for alteration of an exterior architectural feature within an historic district and no demolition permit for demolition or removal of a building or structure within an historic district shall be issued by a municipality or any department, agency or official thereof until a certificate of appropriateness has been issued.
A certificate of appropriateness shall be required whether or not a building permit is required.
(c) No affordable housing application where the proposed development would be located on a parcel of land that is not part of a historic district but (1) that contains a building listed on the National or State Register of Historic Places, or (2) that is located within a one-quarter of a mile radius of a structure identified as historic by the Historic Preservation Council established under section 10-409 shall be issued by a municipality or any commission thereof that has established a historic district commission under this chapter until the applicant obtains a certificate of appropriateness from the applicable historic district commission.
[(c)] (d) The historic district commission may request such plans, elevations, specifications, material and other information, including in the case of demolition or removal, a statement of the proposed condition and appearance of property after such demolition or removal, as may be reasonably deemed necessary by the commission to enable it to make a determination on the application.
The style, material, size and location of outdoor advertising signs and bill posters within an historic district shall also be under the control of such commission.
The provisions of this section shall not be construed to extend to the color of paint used on the exterior of any building or structure.
[(d)] (e) No area within an historic district shall be used for industrial, commercial, business, home industry or occupational parking, whether or not such area is zoned for such use, until after an application for a certificate of appropriateness as to parking has been submitted to the commission and approved by said commission.
The provisions of this section shall apply to the enlargement or alteration of any such parking area in existence on October 1, 1973.
Sec.
7.
Subsection (b) of section 7-147f of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2017):
(b) In its deliberations, the historic district commission shall act only for the purpose of controlling the erection or alteration of buildings, structures or parking which are incongruous with the historic or architectural aspects of the district, or in the case of affordable housing developments, which are incongruous with the historic or architectural aspects of the applicable historic structure.
The commission shall not consider interior arrangement or use.
However, the commission may recommend adaptive reuse of any buildings or structures within the district compatible with the historic architectural aspects of the district, or in the case of affordable housing developments, compatible with the historic or architectural aspects of the applicable historic structure.
Sec.
8.
Subdivision (2) of subsection (a) of section 8-37qqq of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2017):
(2) With regard to the department's housing-development-related functions and activities:
(A) A brief description and assessment of the state's housing market during the preceding state fiscal year, utilizing the most recent and reasonably available data, including, but not limited to, (i) a brief description of the significant characteristics of such market, including supply, demand and condition and cost of housing, and (ii) any other information that the commissioner deems appropriate;
(B) A comprehensive assessment of current and future needs for rental assistance under section 8-119kk for housing projects for the elderly and disabled, in consultation with the Connecticut Housing Finance Authority;
(C) An analysis of the progress of the public and private sectors toward meeting housing needs in the state, using building permit data from the United States Census Bureau and demolition data from Connecticut municipalities;
and (E) A statement of the department's housing development objectives, measures of program success and standards for granting financial and nonfinancial assistance under programs administered by said commissioner.
and This act shall take effect as follows and shall amend the following sections:
This act shall take effect as follows and shall amend the following sections:
4 October 1, 2017 8-30h Sec.
4 October 1, 2017 8-37qqq(a)(2)(D) Statement of Legislative Commissioners:
5 October 1, 2017 7-147c(j) Sec.
In Section 1(m)(6)(J) "occupied by" was changed to "restricted to" for accuracy.
6 October 1, 2017 7-147d Sec.
HSG Joint Favorable Subst.
7 October 1, 2017 7-147f(b) Sec.
8 October 1, 2017 8-37qqq(a)(2) Statement of Purpose:
To institute requirements for affordable housing developments that affect certain historic structures, expand the types of housing that allow a municipality to qualify for an affordable housing moratorium, require that a three-person panel hear each affordable housing appeal, prohibit a developer that is subject to a property tax lien in a municipality from filing an affordable housing application unless the municipality waives such prohibition, authorize a municipal penalty for failure to submit the annual certification of continuing compliance with affordability requirements and noncompliance with such requirements, and make other revisions to the statute concerning affordable housing.
[Proposed deletions are enclosed in brackets.
Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.] Co-Sponsors:
SEN.
SLOSSBERG, 14th Dist.;
REP.
ROSE, 118th Dist.
REP.
STANESKI, 119th Dist.;
REP.
FERRARO, 117th Dist.
S.B.
535
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Action History

  1. FILE NO. 199

  2. SENATE CALENDAR NUMBER 132

  3. FAV. RPT., TAB. FOR CAL., SEN.

  4. RPTD. OUT OF LCO

  5. REFERRED TO Office of Legislative Research AND Office of Fiscal Analysis 03/22/17

  6. FILED WITH LCO

  7. Joint Favorable Substitute

  8. PUBLIC HEARING 0216

  9. REF. TO JOINT COMM. ON Housing

  10. DRAFTED BY COMMITTEE

  11. Reserved for Subject Matter Public Hearing

  12. REF. TO JOINT COMM. ON Housing

Sponsors

  • Pam' b'Staneski · Primary
  • Gayle S.' b'Slossberg · Primary
  • Kim' b'Rose · Primary
  • Charles J.' b'Ferraro · Primary

Sponsorship breakdown

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4 sponsors · 0 co-sponsors · 183 not signed on

Sponsors (4)

  • b'Staneski, Pam'
  • b'Slossberg, Gayle S.'
  • b'Rose, Kim'
  • b'Ferraro, Charles J.'

Co-sponsors (0)

None.

Not signed on (183)

183 members have not signed on to this bill.

Show all 183 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

housing
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Frequently asked questions

Who sponsors SB 535?
SB 535 is sponsored by b'Staneski, Pam', b'Slossberg, Gayle S.', b'Rose, Kim', and b'Ferraro, Charles J.'.
What is the current status of SB 535?
This bill died with 2017 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 535?
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