Connecticut HB 5365: AN ACT ESTABLISHING AN EXEMPTION FROM THE AFFORDABLE HOUSING APPEALS PROCEDURE FOR A MUNICIPALITY THAT CONTAINS AN AQUIFER PROTECTION AREA.

Bill Text

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General Assembly Substitute Bill No. 5365
February Session, 2026

AN ACT INCREASING CERTAIN HOUSING UNIT-EQUIVALENT
POINTS.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:

Section 1. Subsection (l) of section 8-30g of the 2026 supplement to the 1
general statutes is repealed and the following is substituted in lieu 2
thereof (Effective October 1, 2026): 3
(l) (1) Except as provided in subdivision (2) of this subsection, the 4
affordable housing appeals procedure established under this section 5
shall not be applicable to an affordable housing application filed with a 6
commission during a moratorium, which shall commence after (A) a 7
certification of affordable housing project completion issued by the 8
commissioner is published in the Connecticut Law Journal, or (B) notice 9
of a provisional approval is published pursuant to subdivision (4) of this 10
subsection. Any such moratorium shall be for a period of four years, 11
except that for any municipality that has (i) twenty thousand or more 12
dwelling units, as reported in the most recent United States decennial 13
census, and (ii) previously qualified for a moratorium in accordance 14
with this section, any subsequent moratorium shall be for a period of 15
five years. Any moratorium that is in effect on October 1, 2002, is 16
extended by one year. 17
(2) Such moratorium shall not apply to (A) affordable housing 18
applications for assisted housing in which ninety-five per cent of the 19

Substitute Bill No. 5365

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dwelling units are restricted to persons and families whose income is 20
less than or equal to sixty per cent of the median income, (B) other 21
affordable housing applications for assisted housing containing forty or 22
fewer dwelling units, or (C) affordable housing applications which were 23
filed with a commission pursuant to this section prior to the date upon 24
which the moratorium takes effect. 25
(3) Eligible units completed before a moratorium has begun, but that 26
were not counted toward establishing eligibility for such moratorium, 27
may be counted toward establishing eligibility for a subsequent 28
moratorium. Eligible units completed after a moratorium has begun 29
may be counted toward establishing eligibility for a subsequent 30
moratorium. 31
(4) (A) Except as provided in subparagraph (B) of this subdivision, 32
the commissioner shall issue a certificate of affordable housing project 33
completion for the purposes of this subsection upon finding that there 34
has been completed within the municipality one or more affordable 35
housing developments which create housing unit-equivalent points 36
equal to (i) the greater of two per cent of all dwelling units in the 37
municipality, as reported in the most recent United States decennial 38
census, or seventy-five housing unit-equivalent points, or (ii) for any 39
municipality that has (I) adopted a municipal housing growth plan or 40
has elected to comply with a regional housing growth plan in 41
accordance with the provisions of section 8-13cc, (II) twenty thousand 42
or more dwelling units, as reported in the most recent United States 43
decennial census, and (III) previously qualified for a moratorium in 44
accordance with this section, one and one-half per cent of all dwelling 45
units in the municipality, as reported in the most recent United States 46
decennial census. 47
(B) If a municipality has received a final letter of eligibility from the 48
commissioner pursuant to section 8-13gg, the commissioner shall issue 49
a certificate of affordable housing completion to such municipality at 50
such time as, upon application, the commissioner determines, in the 51
commissioner's discretion, that the municipality is in compliance with 52

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the following conditions: The municipality remains in compliance with 53
all requirements for a final letter of eligibility, and there has been 54
completed within the municipality one or more affordable housing 55
developments that create housing unit-equivalent points equal to (i) the 56
greater of one and three-quarter per cent of all dwelling units in the 57
municipality, as reported in the most recent United States decennial 58
census, or sixty-five housing unit-equivalent points, or (ii) for any 59
municipality that (I) has adopted a municipal housing growth plan or 60
has elected to comply with a regional housing growth plan in 61
accordance with the provisions of section 8-13bb, (II) has twenty 62
thousand or more dwelling units, as reported in the most recent United 63
States decennial census, and (III) previously qualified for a moratorium 64
in accordance with this section, one and one-half per cent of all dwelling 65
units in the municipality, as reported in the most recent United States 66
decennial census. 67
(C) A municipality may apply for a certificate of affordable housing 68
project completion pursuant to this subsection by