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Affordable Housing Appeals ProcedureIn 1989, Connecticut enacted landmark legislation to open up suburban towns to affordable housing. For years, many Connecticut towns used their zoning powers to build walls of separation around themselves. The Affordable Housing Appeals Procedure, as the new law (Connecticut General Statutes, Section 8-30g) was called, made historic changes in the way courts review municipal zoning decisions concerning affordable housing. A developer denied an opportunity to build affordable housing by local authorities may appeal the rejection in court. Under the appeals law, the judge must determine whether the town’s reasons for its denial “clearly outweigh the need for affordable housing.” In applying this standard, the court respects bona fide objections, such as genuine traffic safety or sewer problems, for turning down a housing proposal. But zoning decisions based on insubstantial or inappropriate reasons aimed at excluding affordable housing are overturned. The appeals process was slow to have impact as the initial cases took years to move through the court system, and developers struggled with lack of financing and the state’s prolonged recession. Nevertheless, a 1997 survey identified at least 586 units of affordable housing approved through litigation under the appeals law. Additionally, over 1,000 affordable units were being developed as a result of local negotiations without lawsuit. Many town officials have altered their behavior, understanding the requirements of the affordable housing law. Unfortunately, the Affordable Housing Appeals Procedure continues to be controversial. Each year since its passage, lawmakers from suburban towns have sought to repeal or weaken the statute. In 1999, the legislature created a new Blue Ribbon Commission to Study Affordable Housing in an attempt to resolve these differences. In 2000, the legislature adopted key recommendations offered by the bi-partisan Commission: increasing the affordability of housing developed under the appeals law; giving towns stronger review and enforcement tools; and providing a moratorium for towns that made significant progress in providing new affordable housing. With these changes, housing built through the appeals process must now set-aside at least 30% of the units as affordable. Half of these units must be affordable to households earning no more than 60% of the area median income, and half to those earning no more than 80%. For more information:
Connecticut Housing Coalition
Legal Assistance Resource Center of Connecticut
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