§ 4-68ii — Municipal fair share allocations.

(a) As used in this section: (1) “Affordable housing unit” means a dwelling unit conveyed by an instrument containing a covenant or restriction that requires such dwelling unit to be sold or rented at or below a price intended to preserve such unit as housing for a low-income household; (2) “Commission”, “zoning commission” or “zoning authority” means a zoning commission, planning commission, planning and zoning commission, zoning board of appeals or other municipal agency exercising zoning or planning authority; (3) “Commissioner” means the Commissioner of Housing, unless otherwise specified; (4) “Dwelling unit” means any house or building, or portion thereof, which is occupied, is designed to be occupied, or is rented, leased or hired out to be occupied, as a home or residence of one or more persons; (5) “Median income” is the state median income, as determined by the United States Department of Housing and Urban Development; (6) “Multifamily housing” means a residential building that contains three or more dwelling units; (7) “Municipal fair share allocation” means the portion of the minimum need for affordable housing units in a planning region, as determined pursuant to subsection (b) of this section, that is allocated to a municipality located within such planning region; (8) “Planning region” means a planning region of the state, as defined or redefined by the Secretary of the Office of Policy and Management, or the secretary's designee, under the provisions of section 16a-4a , except the Metropolitan and Western planning regions shall be considered a single planning region; and (9) “Secretary” means the Secretary of the Office of Policy and Management. (b) (1) Not later than December 1, 2024, the secretary, in consultation with the Commissioners of Housing and Economic and Community Development and, as may be determined by the secretary, experts, advocates, state-wide organizations that represent municipalities, organizations with expertise in affordable housing, fair housing and planning and zoning, shall establish a methodology for each municipality's fair share allocation by: (A) Determining the need for affordable housing units in each planning region; and (B) Fairly allocating such need to the municipalities in each planning region considering the duty of the state and municipalities to affirmatively further fair housing pursuant to section 8-2 and 42 USC 3608. Such methodology shall rely on data from the Comprehensive Housing Affordability Strategy data set published by the United States Department of Housing and Urban Development, or from a similar source as may be determined by the secretary. (2) The secretary shall ensure that the fair share allocation methodology: (A) Is designed with due consideration for the duty of the state and each municipality to affirmatively further fair housing in accordance with section 8-2 and 42 USC 3608; (B) Relies on appropriate metrics of the minimum need for affordable housing units in a planning region to ensure adequate housing options, including the number of households whose income is not greater than thirty per cent of the area median income and whose housing costs constitute fifty per cent or more of such household's income; (C) Relies on appropriate factors for fairly allocating such need to each municipality within each planning region, including a municipality's compliance with the requirements of sections 8-2 and 8-23 with regard to promoting housing choice and economic diversity in housing, including housing for both low and moderate income households, and encouraging the development of housing which meets the identified housing needs and the development of housing opportunities, including opportunities for multifamily housing, for all residents of the municipality and the planning region in which the municipality is located; (D) Does not assign a fair share allocation to any municipality with a federal poverty rate of twenty per cent or greater based on data reported in the most recent United States decennial census or similar source; and (E) Increases the municipal fair share allocation of a municipality if such municipality, when compared to other municipalities in the same planning region, has: (i) A greater dollar value of the ratable real and personal property, as reflected by its equalized net grand list, calculated in accordance with the provisions of section 10-261a , for residential, commercial, industrial, public utility and vacant land; (ii) A higher median income, based on data reported in the most recent United States decennial census or similar source; (iii) A lower percentage of its population that is below the federal poverty threshold, based on data reported in such census or similar source; or (iv) A lower percentage of its population that lives in multifamily housing, based on data reported in such census or similar source. (3) (A) Not later than December 1, 2024, the secretary, in consultation with the Commissioners of Housing and Economic and Community Development, shall, using the methodology established pursuant to this subsection, determine the minimum need for affordable housing units for each planning region and a municipal fair share allocation for each municipality within each planning region. (B) No municipal fair share allocation determined pursuant to subparagraph (A) of this subdivision shall exceed twenty per cent of the occupied dwelling units in such municipality. (c) The secretary shall submit the methodology established pursuant to subsection (b) of this section to the joint standing committees of the General Assembly having cognizance of matters relating to planning and development and housing, in accordance with the provisions of section 11-4a , and each chamber of the General Assembly for approval.

Legislative History

(P.A. 23-207, S. 18.) History: P.A. 23-207 effective July 1, 2023.