Reps. Rutigliano Hails Committee Vote to Improve 8-30g Housing Law

The First Step to Reform

HARTFORD- In the first step of the legislative process, State Rep. David Rutigliano today applauded the passage of an affordable housing reform package by the Housing committee this week.

The legislation makes many changes to the existing state law on affordable housing that would give towns like Trumbull more control and flexibility when it comes to housing development projects.

“In Trumbull we have experienced many applications for affordable housing exploited by predatory developers using the current 8-30g law. These reforms work to eliminate loopholes in the law and give our communities and the towns’ residents more control over their local planning and zoning,” said Rep. Rutigliano.

House Bill 6880 includes the following provisions:

• Contains a five year sunset provision putting towns on notice that they must use these changes to encourage and develop more affordable housing in their community
• Lowers minimum number of HUE points smaller municipalities must obtain to qualify for a moratorium from 75 HUE points to 50 HUE points helping smaller municipalities gain a moratorium under 8-30g
• Encourages the development of three bedroom family units, senior units tied to family housing, and family units located in incentive housing zones to encourage the development of these types of housing since a need has been demonstrated for it
• Makes income-restricted units in an IHZ development eligible for points toward a moratorium which encourages towns to adopt these development zones and take control of their affordable housing need

The second bill to pass is HB 7057 with these additional provisions:

• Requires that a rotation of judges hear these cases, in the districts where the judges sit
• Specifies that matters a commission may legally consider when reviewing an affordable housing application include “best planning practices” and “design standards”
• Allows a Municipality to deny an application if the proposal is for 25 units or fewer and it exceeds the parcel’s permitted density by more than 100% if certain conditions are met
• Bonus points for 3 Bedroom family units and senior units tied to family housing
• Awards Assisted housing that is open to only seniors and people with disabilities HUE points
• Award points for units that receive financial assistance under a governmental program for the construction or substantial rehabilitation of low and moderate income housing

Of the 175,000 affordable housing units built in Connecticut since passage of the Affordable Housing Act, only 5,000 are a result of the Affordable Housing Appeal Act, commonly referred to as 8-30(g). Accordingly, the Appeals Act has produced a very small number of units of affordable housing in relation to the state’s overall effort to increase affordable housing.

Connecticut is the only state in the country that allows private developers carte blanch to disregard local zoning rules. No other state with affordable housing procedures allows private developers such unlimited power to force through construction proposals that supersede local zoning rules. Most of the problems reported by communities relate to private developers abusing the vast power they have been given by 8-30(g).