HB 7057 — AN ACT CONCERNING AFFORDABLE HOUSING.

General Assembly   RaisedSubstitute Bill No.

7057 January Session, 2017   LCO*_____HB07057HSGPD_030817____* No.AN ACT CONCERNING AFFORDABLE HOUSING.

3812   *03812_______HSG* Referred to Committee on HOUSING   Introduced by:

  (HSG)   AN ACT CONCERNING AFFORDABLE HOUSING.

(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 (k) of this section, and (B) at least two noncontiguous areas that are zoned for multifamily housing as of right.

Any commission, by regulation, may adopt specific design guidelines for affordable housing applications, including, but not limited to, setback requirements relevant to the existing structures within the neighborhood context.

Affordable housing appeals, including pretrial motions, shall be heard by a judge[judge] rotation of judges assigned by the Chief Court Administrator to hear such appeals.

To[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, suchsuch] Such appeals, including pretrial motions, shall be heard by such assigned judges in the judicial district in which such judge is sitting.

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;consider including, but not limited to, best planning practices and design standards;

and (C) such public interests cannot be protected by reasonable changes to the affordable housing development, or[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 (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.

(k) [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.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[and] (F) complies with the building code and health and safety regulations.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 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 median income.

(l) (1) [Notwithstanding the provisions of subsections (a) to (j), inclusive, of this section,]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.

(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-halfthree-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.

(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 "mobile"resident-owned manufactured home" means a unit located in a resident-owned mobile manufactured home parkpark" consistinghas of land that is deed restricted at the timesame ofmeaning issuanceas ofprovided ain loansubsection for(k) the purchase of suchthis landsection. 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.

(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 (i) unrestricted units in a set-aside development shall be awarded one-fourth point each.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 points if a rental unit, provided such units are not otherwise awarded points under this subdivision.

(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 occupiedrestricted byto 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 occupiedrestricted byto persons and families with an income equal to or less than sixty per cent of the median income;

(7)(K) PointsIn shallthe becalculating awardedof onlypoints forunder dwellingthis unitssubdivision whichfor wereany (A)assisted newly-constructed units in an affordable housing development, as that termis wasrestricted definedto atboth thenonelderly timedisabled ofpersons theand affordableelderly housingpersons, application,as fordefined whichin asection certificate8-113a, ofwhose occupancyincome wasis issuedequal after July 1, 1990, or (B) newly subjected after July 1, 1990, to deeds containing covenants or restrictionsless whichthan requireeighty that,per forcent atmedian leastincome, the durationpoints requiredawarded 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 soldevenly ordivided rentedwith at,one-half orof below, prices which will preserve the units asbeing affordableawarded housingpoints forin personsaccordance orwith familiessubparagraph whose(B) incomeof doesthis notsubdivision exceedand eightythe perremainder cent of medianthe income,units (C)being locatedawarded withinpoints an approved incentive housing development, as defined in sectionaccordance 8-13m,with assubparagraph amended(F) byof this act,subdivision. or (D) located on land in a resident-owned mobile manufactured home park that contains mobile manufactured homes.

(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.

If the plan is not amended every fivefour 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 lessorlesser 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.

3 October 1, 2017, and applicable to any final determination of eligibility for an incentive housing zone or grant that has not yet been approved under section 8-13x of the general statutes as of October 1, 2017 8-13m(12) Statement of Purpose:Legislative Commissioners:

ToIn amendSection the1(l)(6), affordable"occupied housingby" appealschanged procedureto under"restricted sectionto" 8-30gfor the purposes of theaccuracy generaland statutes.consistency.

[ProposedHSG deletionsJoint areFavorable enclosedSubst. in brackets.

ProposedC/R additionsPD 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.]