Connecticut HB 5288: AN ACT CONCERNING UTILITY CONNECTIONS FOR ACCESSORY DWELLING UNITS.

Bill Text

Substitute House Bill No. 5288 
 
Public Act No. 26-7 
 
 
AN ACT CONCERNING UTILITY CONNECTIONS FOR ACCESSORY 
DWELLING UNITS. 
Be  it  enacted  by  the  Senate  and  House  of  Representatives  in  General 
Assembly convened: 
 
Section 1. Subdivisions (1) and (2) of subsection (b) of section 8-1a of 
the  2026  supplement  to  the  general  statutes  are  repealed  and  the 
following is substituted in lieu thereof (Effective October 1, 2026): 
(1) ["Accessory  apartment"] "Accessory  dwelling  unit" means  a 
separate dwelling unit that (A) is located on the same lot as a principal 
dwelling  unit  of  greater  square  footage,  (B)  has  cooking  facilities,  and 
(C) complies with or is otherwise exempt from any applicable building 
code, fire code and health and safety regulations; 
(2) ["Affordable    accessory    apartment"] "Affordable    accessory 
dwelling  unit" means  an  accessory [apartment] dwelling  unit that  is 
subject   to   binding   recorded   deeds   which   contain   covenants   or 
restrictions  that  require  such  accessory [apartment] dwelling  unit be 
sold or rented at, or below, prices that will preserve the unit 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; 
Sec. 2. Section 8-2o of the 2026 supplement to the general statutes is 

Substitute House Bill No. 5288 
 
Public Act No. 26-7 2 of 13 
 
repealed and the following is substituted in lieu thereof (Effective October 
1, 2026): 
(a) Any  zoning  regulations  adopted  pursuant  to  section  8-2 or  any 
special act shall: 
(1) Designate locations or zoning districts within the municipality in 
which  accessory [apartments] dwelling  units are  allowed,  provided  at 
least  one  accessory [apartment] dwelling  unit shall  be  allowed  as  of 
right  on  each  lot  that  contains  a  single-family  dwelling  and  no  such 
accessory [apartment] dwelling   unit shall   be   required   to   be   an 
affordable accessory [apartment] dwelling unit; 
(2) Allow accessory [apartments] dwelling units to be attached to or 
located within the proposed or existing principal dwelling, or detached 
from  the  proposed  or  existing  principal  dwelling  and  located  on  the 
same lot as such dwelling; 
(3) Set  a  maximum  net  floor  area  for  an  accessory [apartment] 
dwelling unit of not less than thirty per cent of the net floor area of the 
principal  dwelling,  or  one  thousand  square  feet,  whichever  is  less, 
except that such regulations may allow a larger net floor area for such 
[apartments] accessory dwelling units; 
(4) Require setbacks, lot size and building frontage less than or equal 
to  that  which  is  required  for  the  principal  dwelling,  and  require  lot 
coverage greater than or equal to that which is required for the principal 
dwelling; 
(5) [Provide    for] Not    require height,    landscaping [and] or 
architectural design standards that [do not] exceed any such standards 
[as  they  are  applied] applicable to  single-family  dwellings  in  the 
municipality; 
(6) [Be  prohibited  from  requiring] Not  require (A)  a  passageway 

Substitute House Bill No. 5288 
 
Public Act No. 26-7 3 of 13 
 
between  any  such  accessory [apartment] dwelling  unit and  any  such 
principal   dwelling,   (B)   an   exterior   door   for   any   such   accessory 
[apartment] dwelling unit, except as required by the applicable building 
or fire code, (C) any more than one parking space for any such accessory 
[apartment] dwelling unit, or fees in lieu of parking otherwise allowed 
by  section  8-2c,  (D)  a  familial,  marital  or  employment  relationship 
between   occupants   of   the   principal   dwelling   and the accessory 
[apartment] dwelling  unit,  (E)  a  minimum  age  for  occupants  of  the 
accessory [apartment] dwelling  unit,  (F)  separate  billing  of  utilities 
otherwise connected to, or used by, the principal dwelling unit, or (G) 
periodic renewals for permits for such accessory [apartments] dwelling 
units; and 
(7) Be interpreted and enforced such that nothing in this section shall 
be in derogation of (A) applicable building code requirements, (B)  the 
ability  of  a  municipality  to  prohibit  or  limit  the  use  of  accessory 
[apartments] dwelling units for short-term rentals or vacation stays, or 
(C) other requirements where a well or private sewerage system is being 
used,  provided  approval  for  any  such  accessory [apartment] dwelling 
unit shall not be unreasonably withheld. 
(b) The [as of right] as-of-right permit application and review process 
for  approval  of an accessory [apartments] dwelling  unit shall  require 
that a decision on any such application be rendered not later than sixty-
five  days  after  receipt  of  such  application  by  the  applicable  zoning 
commission,  except  that  an  applicant  ma