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HB05362 • 2026

AN ACT IMPLEMENTING THE RECOMMENDATIONS OF THE MAJORITY LEADER'S ROUNDTABLE.

AN ACT IMPLEMENTING THE RECOMMENDATIONS OF THE MAJORITY LEADER'S ROUNDTABLE.

Housing Land
Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor
Housing Committee
Last action
2026-05-02
Official status
Senate Calendar Number 536
Effective date
Not listed

Plain English Breakdown

The official source material does not provide specific details on counting completed units toward future moratorium eligibility, which was removed from the explanation.

Act Implementing Housing Recommendations

This act implements recommendations from a housing roundtable and makes changes to affordable housing laws.

What This Bill Does

  • Replaces parts of existing law about definitions related to affordable housing development.
  • Changes rules for appeals when an application for affordable housing is denied or approved with restrictions that hurt the project's viability.
  • Updates procedures for moratoriums on new affordable housing applications during a four-year period, with some exceptions and extensions.

Who It Names or Affects

  • People who apply for affordable housing projects
  • Municipalities that manage zoning and planning commissions

Terms To Know

Affordable Housing Development
A proposed housing project that receives financial help from the government or has a set number of units reserved for low-income families.
Set-Aside Development
A development where at least 30% of units are sold or rented to people who pay no more than 30% of their income on housing, with some units reserved for those earning up to 60% of the median income.
Moratorium
A period during which new affordable housing applications cannot be made in certain areas.

Limits and Unknowns

  • The bill does not specify what happens if a moratorium is extended beyond its initial four-year or five-year term.
  • It's unclear how the changes will affect existing projects that are already underway when new rules take effect.

Bill History

  1. 2026-05-02 Connecticut General Assembly

    Favorable Report, Tabled for the Calendar, Senate

  2. 2026-05-02 Connecticut General Assembly

    Senate Calendar Number 536

  3. 2026-05-01 Connecticut General Assembly

    House Adopted House Amendment Schedule A 5432

  4. 2026-05-01 Connecticut General Assembly

    House Passed as Amended by House Amendment Schedule A

  5. 2026-05-01 Connecticut General Assembly

    Immediate Transmittal to the Senate

  6. 2026-03-26 LCO

    Reported Out of Legislative Commissioners' Office

  7. 2026-03-26 Connecticut General Assembly

    Favorable Report, Tabled for the Calendar, House

  8. 2026-03-26 Connecticut General Assembly

    House Calendar Number 163

  9. 2026-03-26 LCO

    File Number 197

  10. 2026-03-20 LCO

    Referred to Office of Legislative Research and Office of Fiscal Analysis 03/25/26 5:00 PM

  11. 2026-03-11 LCO

    Filed with Legislative Commissioners' Office

  12. 2026-03-10 HSG

    Joint Favorable Substitute

  13. 2026-02-27 Connecticut General Assembly

    Public Hearing 03/03

  14. 2026-02-26 Connecticut General Assembly

    Referred to Joint Committee on Housing

Official Summary Text

To implement the recommendations of the Majority Leader's Roundtable on Affordable Housing and make other changes to the affordable housing statutes.

Current Bill Text

Read the full stored bill text
House of Representatives
sHB5362 / File No. 197 1

General Assembly File No. 197
February Session, 2026 Substitute House Bill No. 5362

House of Representatives, March 26, 2026

The Committee on Housing reported through REP. FELIPE of
the 130th Dist., Chairperson of the Committee on the part of the
House, that the substitute bill ought to pass.

AN ACT IMPLEMENTING THE RECOMMENDATIONS OF THE
MAJORITY LEADER'S ROUNDTABLE.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:

Section 1. Subsection (a) of section 8 -30g of the 2026 supplement to 1
the general statutes is repealed and the following is substituted in lieu 2
thereof (Effective October 1, 2026): 3
(a) As used in this section: 4
(1) "Affordable housing development" means a proposed housing 5
development which is (A) assisted housing, or (B) a set -aside 6
development; 7
(2) "Affordable housing application" means any application made to 8
a commission in connection with an affordable housing development by 9
a person who proposes to develop such affordable housing; 10
(3) "Assisted housing" means housing which is receiving, or will 11
receive, financial assistance under any governmental program for the 12
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construction or substantial rehabilitation of low and moderate income 13
housing, and any housing occupied by persons receiving rental 14
assistance under chapter 319uu or Section 1437f of Title 42 of the United 15
States Code; 16
(4) "Commission" means a zoning commission, planning 17
commission, planning and zoning commission, zoning board of appeals 18
or municipal agency exercising zoning or planning authority; 19
(5) "Municipality" means any town, city or borough, whether 20
consolidated or unconsolidated; 21
(6) "Set-aside development" means a development in which not less 22
than thirty per cent of the dwelling units will be conveyed by deeds 23
containing covenants or restrictions which shall require that, for at least 24
[forty years after the initial occupation of the proposed development ] 25
the applicable time period set forth in subparagraph (A) or (B) of this 26
subdivision, such dwelling units shall be sold or rented at, or below, 27
prices which will preserve the units as housing for which persons and 28
families pay thirty per cent or less of their annual income, where such 29
income is less than or equal to eighty per cent of the median income. In 30
a set -aside development, of the dwelling units conveyed by deeds 31
containing covenants or restrictions, a number of dwelling units equal 32
to not less than fifteen per cent of all dwelling units in the development 33
shall be sold or rented to persons and families whose income is less than 34
or equal to sixty per cent of the median income and the remainder of the 35
dwelling units conveyed by deeds containing covenants or restrictions 36
shall be sold or rented to persons and families whose income is less than 37
or equal to eighty per cent of the median income, for at least (A) twenty 38
years after the initial occupation of a proposed development built on 39
land owned by a municipality or conveyed by a municipality to a 40
developer for the purpose of constructing such development, or (B) 41
forty years after the initial occupation of a proposed development built 42
on land not owned by a municipality or conveyed by a municipality to 43
a developer for the purpose of constructing such development; 44
(7) "Median income" means, after adjustments for family size, the 45
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lesser of the state median income or the area median income for the area 46
in which the municipality containing the affordable housing 47
development is located, as determined by the United States Department 48
of Housing and Urban Development; and 49
(8) "Commissioner" means the Commissioner of Housing. 50
Sec. 2. Subsection (f) of section 8 -30g of the 2026 supplement to the 51
general statutes is repealed and the following is substituted in lieu 52
thereof (Effective October 1, 2026): 53
(f) Except as provided in subsections (k) and (l) of this section, any 54
person whose affordable housing application is denied, or is approved 55
with restrictions which have a substantial adverse impact on the 56
viability of the affordable housing development or the degree of 57
affordability of the affordable dwelling units in a set -aside 58
development, may appeal such decision pursuant to the procedures of 59
this section. Such appeal shall be filed within the time period for filing 60
appeals as set forth in section 8 -8, 8-9, 8-28 or 8-30a, as applicable, and 61
shall be made returnable to the superior court for the judicial district 62
where the real property which is the subject of the application is located. 63
Upon motion by the municipality, the court shall stay any such 64
proceeding if the municipality has applied for a certificate of affordable 65
housing project completion pursuant to subparagraph (C) of 66
subdivision (4) of subsection (l) of this section for purposes of seeking a 67
moratorium and such application is pending determination by the 68
Commissioner of Housing. The court shall stay such proceeding until 69
the commissioner has made such determination. If such application is 70
granted by the commissioner and a moratorium is granted, the court 71
shall dismiss the appeal. Affordable housing appeals, including pretrial 72
motions, shall be heard by a judge assigned by the Chief Court 73
Administrator to hear such appeals. To the extent practicable, efforts 74
shall be made to assign such cases to a small number of judges, sitting 75
in geographically diverse parts of the state, so that a consistent body of 76
expertise can be developed. Unless otherwise ordered by the Chief 77
Court Administrator, such appeals, including pretrial motions, shall be 78
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heard by such assigned judges in the judicial district in which such 79
judge is sitting. Appeals taken pursuant to this subsection shall be 80
privileged cases to be heard by the court as soon after the return day as 81
is practicable. Except as otherwise provided in this section, appeals 82
involving an affordable housing application shall proceed in 83
conformance with the provisions of section 8 -8, 8 -9, 8 -28 or 8 -30a, as 84
applicable. 85
Sec. 3. Subsection (l) of section 8 -30g of the 2026 supplement to the 86
general statutes is repealed and the following is substituted in lieu 87
thereof (Effective October 1, 2026): 88
(l) (1) Except as provided in subdivision (2) of this subsection, the 89
affordable housing appeals procedure established under this section 90
shall not be applicable to an affordable housing application filed with a 91
commission during a moratorium, which shall commence after (A) a 92
certification of affordable housing project completion issued by the 93
commissioner is published in the Connecticut Law Journal, or (B) notice 94
of a provisional approval is published pursuant to subdivision (4) of this 95
subsection. Any such moratorium shall be for a period of four years, 96
except that for any municipality that has (i) twenty thousand or more 97
dwelling units, as reported in the most recent United States decennial 98
census, and (ii) previously qualified for a moratorium in accordance 99
with this section, any subsequent moratorium shall be for a period of 100
five years. Any moratorium that is in effect on October 1, 2002, is 101
extended by one year. 102
(2) Such moratorium shall not apply to (A) affordable housing 103
applications for assisted housing in which ninety -five per cent of the 104
dwelling units are restricted to persons and families whose income is 105
less than or equal to sixty per cent of the median income, (B) other 106
affordable housing applications for assisted housing containing forty or 107
fewer dwelling units, or (C) affordable housing applications which were 108
filed with a commission pursuant to this section prior to the date upon 109
which the moratorium takes effect. 110
(3) Eligible units completed before a moratorium has begun, but that 111
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were not counted toward establishing eligibility for such moratorium, 112
may be counted toward establishing eligibility for a subsequent 113
moratorium. Eligible units completed after a moratorium has begun 114
may be counted toward establishing eligibility for a subsequent 115
moratorium. 116
(4) (A) Except as provided in subparagraph (B) of this subdivision, 117
the commissioner shall issue a certificate of affordable housing project 118
completion for the purposes of this subsection upon finding that there 119
has been completed within the municipality one or more affordable 120
housing developments which create housing unit -equivalent points 121
equal to (i) the greater of two per cent of all dwelling units in the 122
municipality, as reported in the most recent United States decennial 123
census, or seventy -five housing unit -equivalent points, or (ii) for any 124
municipality that has (I) adopted a municipal housing growth plan or 125
has elected to comply with a regional housing growth plan in 126
accordance with the provisions of section 8-13cc, as amended by this act, 127
(II) twenty thousand or more dwelling units, as reported in the most 128
recent United States decennial census, and (III) previously qualified for 129
a moratorium in accordance with this section, one and one-half per cent 130
of all dwelling units in the municipality, as reported in the most recent 131
United States decennial census. 132
(B) If a municipality has received a final letter of eligibility from the 133
commissioner pursuant to section 8 -13gg, the commissioner shall issue 134
a certificate of affordable housing completion to such municipality at 135
such time as, upon application, the commissioner determines, in the 136
commissioner's discretion, that the municipality is in compliance with 137
the following conditions: The municipality remains in compliance with 138
all requirements for a final letter of eligibility, and there has been 139
completed within the municipality one or more affordable housing 140
developments that create housing unit-equivalent points equal to (i) the 141
greater of one and three -quarter per cent of all dwelling units in the 142
municipality, as reported in the most recent United States decennial 143
census, or sixty -five housing unit -equivalent points, or (ii) for any 144
municipality that (I) has adopted a municipal housing growth plan or 145
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has elected to comply with a regional housing growth plan in 146
accordance with the provisions of section 8 -13bb, as amended by this 147
act, (II) has twenty thousand or more dwelling units, as reported in the 148
most recent United States decennial census, and (III) previously 149
qualified for a moratorium in accordance with this section, one and one-150
half per cent of all dwelling units in the municipality, as reported in the 151
most recent United States decennial census. 152
(C) A municipality may apply for a certificate of affordable housing 153
project completion pursuant to this subsection by applying in writing to 154
the commissioner, and including documentation showing that the 155
municipality has accumulated the required number of points within the 156
applicable time period. Such documentation shall include the location 157
of each dwelling unit being counted, the number of points each dwelling 158
unit has been assigned, and the reason, pursuant to this subsection, for 159
assigning such points to such dwelling unit. Upon receipt of such 160
application, the commissioner shall promptly cause a notice of the filing 161
of the application to be published in the Connecticut Law Journal, 162
stating that public comment on such application shall be accepted by the 163
commissioner for a period of thirty days after the publication of such 164
notice. Not later than ninety days after the receipt of such application, 165
the commissioner shall either approve or reject such application. Such 166
approval or rejection shall be accompanied by a written statement of the 167
reasons for approval or rejection, pursuant to the provisions of this 168
subsection. If the application is approved, the commissioner shall 169
promptly cause a certificate of affordable housing project completion to 170
be published in the Connecticut Law Journal. If the commissioner fails 171
to either approve or reject the application within such ninety -day 172
period, such application shall be deemed provisionally approved, and 173
the municipality may cause notice of such provisional approval to be 174
published in a conspicuous manner in a daily newspaper having general 175
circulation in the municipality, in which case, such moratorium shall 176
take effect upon such publication. The municipality shall send a copy of 177
such notice to the commissioner. Such provisional approval shall 178
remain in effect unless the commissioner subsequently acts upon and 179
rejects the application, in which case the moratorium shall terminate 180
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upon notice to the municipality by the commissioner. 181
(5) For the purposes of this subsection, "elderly units" are dwelling 182
units whose occupancy is restricted by age, "family units" are dwelling 183
units whose occupancy is not restricted by age, and "resident -owned 184
mobile manufactured home park" has the same meaning as provided in 185
subsection (k) of this section. 186
(6) For the purposes of this subsection, housing unit -equivalent 187
points shall be determined by the commissioner as follows: (A) No 188
points shall be awarded for a unit unless its occupancy is restricted to 189
persons and families whose income is equal to or less than eighty per 190
cent of the median income, except that (i) unrestricted units in a set -191
aside development shall be awarded one -quarter point each, and (ii) 192
dwelling units in transit community middle housing developments 193
developed pursuant to subdivision (2) of subsection (a) of section 8 -2s, 194
as amended by this act, that are otherwise ineligible to receive points 195
shall be awarded one -quarter point each; (B) family units restricted to 196
persons and families whose income is equal to or less than eighty per 197
cent of the median income shall be awarded one point if an ownership 198
unit and one and one -half points if a rental unit; (C) family units 199
restricted to persons and families whose income is equal to or less than 200
sixty per cent of the median income shall be awarded one and one -half 201
points if an ownership unit and two points if a rental unit; (D) family 202
units restricted to persons and families whose income is equal to or less 203
than forty per cent of the median income shall be awarded two points if 204
an ownership unit and two and one -half points if a rental unit; (E) 205
elderly units restricted to persons and families whose income is equal to 206
or less than eighty per cent of the median income shall be awarded one-207
half point; (F) a set -aside development containing family units which 208
are rental units shall be awarded additional points equal to twenty-two 209
per cent of the total points awarded to such development, provided the 210
application for such development was filed with the commission prior 211
to July 6, 1995; (G) a mobile manufactured home in a resident -owned 212
mobile manufactured home park shall be awarded points as follows: (i) 213
One and one -half points when occupied by persons and families with 214
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an income equal to or less than eighty per cent of the median income, 215
(ii) two points when occupied by persons and families with an income 216
equal to or less than sixty per cent of the median income, and (iii) one -217
fourth point for the remaining units; and (H) any unit described in 218
subparagraphs (A) to (G), inclusive, of this subdivision shall be awarded 219
an additional one-quarter point, provided such unit was constructed by 220
or in conjunction with a housing authority, as defined in section 8-40, of 221
a neighboring municipality. 222
(7) [Points] Except as otherwise provided in subparagraph (A) of 223
subdivision (6) of this subsection, points shall be awarded only for 224
dwelling units which (A) were newly-constructed units in an affordable 225
housing development, as that term was defined at the time of the 226
affordable housing application, for which a certificate of occupancy was 227
issued after July 1, 1990, (B) were newly subjected after July 1, 1990, to 228
deeds containing covenants or restrictions which require that, for at 229
least the duration required by subsection (a) of this section for set-aside 230
developments on the date when such covenants or restrictions took 231
effect, such dwelling units shall be sold or rented at, or below, prices 232
which will preserve the units as affordable housing for persons or 233
families whose income does not exceed eighty per cent of the median 234
income, or (C) are located in a resident -owned mobile manufactured 235
home park. 236
(8) Points shall be subtracted, applying the formula in subdivision (6) 237
of this subsection, for any affordable dwelling unit which, on or after 238
July 1, 1990, was affected by any action taken by a municipality which 239
caused such dwelling unit to cease being counted as an affordable 240
dwelling unit. 241
(9) A newly-constructed unit shall be counted toward a moratorium 242
when it receives a certificate of occupancy. A newly-restricted unit shall 243
be counted toward a moratorium when its deed restriction takes effect. 244
(10) The affordable housing appeals procedure shall be applicable to 245
affordable housing applications filed with a commission after a three -246
year moratorium expires, except (A) as otherwise provided in 247
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subsection (k) of this section, [or] (B) when sufficient unit -equivalent 248
points have been created within the municipality during one 249
moratorium to qualify for a subsequent moratorium, or (C) between the 250
expiration of the moratorium and the next applicable deadline for the 251
municipality to submit a municipal housing growth plan to the 252
Secretary of the Office of Policy and Management pursuant to 253
subsection (a) of section 8-13bb or, if the municipality has elected to join 254
a regional housing growth plan, the next applicable deadline for the 255
regional council of governments to submit a regional housing plan to 256
the Secretary of the Office of Policy and Management pursuant to 257
subsection (a) of section 8-13cc. 258
(11) The commissioner shall, within available appropriations, adopt 259
regulations in accordance with chapter 54 to carry out the purposes of 260
this subsection. Such regulations shall specify the procedure to be 261
followed by a municipality to obtain a moratorium, and shall include 262
the manner in which a municipality is to document the units to be 263
counted toward a moratorium. A municipality may apply for a 264
moratorium in accordance with the provisions of this subsection prior 265
to, as well as after, such regulations are adopted. 266
Sec. 4. Section 8-30g of the 2026 supplement to the general statutes is 267
amended by adding subsection (n) as follows (Effective October 1, 2026): 268
(NEW) (n) Each municipality that is in receipt of an affordable 269
housing application submitted under this section shall compile a record 270
of all such applications. On a quarterly basis, each municipality shall 271
submit a report to the Department of Housing outlining the number of 272
such applications received, the name of the developer of the proposed 273
development and the number of set -aside and market -rate units 274
proposed in each application. The Department of Housing shall, on a 275
quarterly basis, publish such information on its Internet web site. 276
Sec. 5. Section 8-2s of the 2026 supplement to the general statutes, as 277
amended by section 16 of public act 25 -1 of the November special 278
session, is repealed and the following is substituted in lieu thereof 279
(Effective October 1, 2026): 280
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(a) On and after July 1, 2026, any zoning regulations adopted or 281
amended pursuant to section 8-2 (1) shall allow for the development of 282
a transit community middle housing development, as defined in section 283
8-13hh, or a mixed -use development, on any lot that is zoned for 284
commercial or mixed -use development, subject only to summary 285
review, as defined in section 8 -2r, and (2) may allow for the 286
development of a transit community middle housing development on 287
any lot that allows for residential use subject only to such summary 288
review. 289
(b) Any municipality that adopts zoning regulations that allow for 290
the development of a transit community middle housing development 291
as described in subdivision (2) of subsection (a) of this section shall be 292
awarded, in addition to any housing unit -equivalent points awarded 293
pursuant to subparagraph (B) of subdivision (6) of subsection (l) of 294
section 8 -30g, as amended by this act, one-quarter housing unit -295
equivalent point [pursuant to subdivision (6) of subsection (l) of section 296
8-30g] for each unit of such middle housing within the development for 297
which a certificate of occupancy has been issued by the municipality. 298
(c) No municipality that has (1) adopted zoning regulations that 299
allow for the development of a transit community middle housing 300
development as described in subdivision (2) of subsection (a) of this 301
section, (2) been awarded housing unit -equivalent points pursuant to 302
subsection (b) of this section, and (3) qualified for a moratorium from 303
the affordable housing appeals procedure under subsection (l) of section 304
8-30g, as amended by this act, based in part on housing unit-equivalent 305
points awarded pursuant to subsection (b) of this section shall repeal or 306
substantially modify such zoning regulations concerning such 307
development of such middle housing during the period of such 308
moratorium. 309
Sec. 6. Subsection (b) of section 8-13bb of the 2026 supplement to the 310
general statutes is repealed and the following is substituted in lieu 311
thereof (Effective October 1, 2026): 312
(b) A municipality may elect to comply with the requirements of the 313
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regional housing growth plan developed and adopted by the regional 314
council of governments for the planning region in which such 315
municipality is located pursuant to section 8 -13cc, as amended by this 316
act, in lieu of developing and adopting a municipal housing growth 317
plan, provided (1) the municipality elects to comply with such regional 318
housing growth plan not later than thirty days after such municipality 319
receives notice of such municipality's affordable housing goal from such 320
council of governments, and (2) such regional housing growth plan is 321
approved by the municipality's chief executive officer and its planning 322
commission or combined planning and zoning commission. After 323
approval of the regional housing growth plan by the secretary pursuant 324
to this section, such affordable housing goal shall not be subject to 325
revision on the basis that one or more municipalities in the relevant 326
regional council of governments have opted out of such regional 327
housing growth plan and elected to pursue a municipal housing growth 328
plan. 329
Sec. 7. Subsection (g) of section 8-13bb of the 2026 supplement to the 330
general statutes is repealed and the following is substituted in lieu 331
thereof (Effective October 1, 2026): 332
(g) (1) The Secretary of the Office of Policy and Management shall 333
approve or reject a municipal housing growth plan submitted under this 334
section not later than one hundred twenty days after receipt. If such plan 335
submitted by a municipality is rejected by the secretary, the secretary 336
shall provide written notice of such rejection to the municipality, a 337
statement of the reasons for rejection and the amendments proposed by 338
the secretary required for approval of the plan. The secretary may only 339
reject a plan submitted pursuant to this section if the secretary 340
determines such plan does not conform with the requirements of this 341
section. 342
(2) If the secretary does not approve or reject the municipal housing 343
growth plan in the time provided by this subsection, the municipality 344
shall submit such plan to the Council on Housing Development 345
established pursuant to section 8-13ii for approval or denial. The council 346
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may only deny a plan submitted pursuant to this section if the council 347
determines such plan does not conform with the requirements of this 348
section. If the council denies such plan, the council shall provide (A) 349
written notice of such denial to the municipality, (B) a statement of the 350
reasons for denial, and (C) any amendments proposed by the council 351
required for approval of the plan by the council. A municipality may 352
submit an amended municipal housing growth plan to the council for 353
approval or denial not later than thirty days after the receipt of a denial 354
pursuant to subparagraph (A) of this subdivision. 355
Sec. 8. Subsection (c) of section 8 -13cc of the 2026 supplement to the 356
general statutes is repealed and the following is substituted in lieu 357
thereof (Effective October 1, 2026): 358
(c) (1) The Secretary of the Office of Policy and Management shall 359
approve or reject a regional housing growth plan submitted by a 360
regional council of governments under this section not later than one 361
hundred twenty days after receipt. If a plan is rejected by the secretary, 362
the secretary shall provide written notice of such rejection to the 363
regional council of governments, a statement of the reasons for rejection 364
and the amendments proposed by the secretary required for approval 365
of the plan. The secretary may only reject a plan submitted pursuant to 366
this section if the secretary deems such plan does not conform with the 367
requirements of this section. 368
(2) If the secretary does not approve or reject a plan in the time 369
provided by this subsection, a regional council of governments shall 370
submit such plan to the Council on Housing Development established 371
pursuant to section 8-13ii for approval or denial. The council may only 372
deny a plan submitted pursuant to this section if the council deems such 373
plan does not conform with the requirements of this section. If the 374
council denies such plan, the council shall provide (A) written notice of 375
such denial to the regional council of governments, (B) a statement of 376
the reasons for denial, and (C) any amendments proposed by the council 377
required for approval of the plan by the council. A regional council of 378
governments may submit an amended regional housing growth plan to 379
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the council for approval or denial not later than thirty days after the 380
receipt of a denial pursuant to subparagraph (A) of this subdivision. 381
Sec. 9. Subsection (a) of section 8 -37bb of the general statutes is 382
repealed and the following is substituted in lieu thereof (Effective October 383
1, 2026): 384
(a) On or before December 31, 2013, and annually thereafter, each 385
housing agency [, except the Department of Housing,] shall submit to 386
the General Assembly a report, for the year ending the preceding 387
September thirtieth, which analyzes by income group, households 388
served by its housing construction, substantial rehabilitation, purchase 389
and rental assistance programs. Each report shall analyze the 390
households served under each program by race. The analysis shall 391
provide information by housing development, if applicable, and by 392
program. Each analysis shall include data for all households (1) entering 393
an agency program during the year ending the preceding September 394
thirtieth, and (2) in occupancy or receiving the benefits of an agency 395
rental program the preceding September thirtieth. The report of the 396
Connecticut Housing Finance Authority shall also identify, by census 397
tract, the number of households served in each program and the total 398
amount of financial assistance provided to such households. The 399
provisions of this section shall not be construed to preclude a housing 400
agency from reporting additional information on programs it 401
administers. Each report submitted under this section shall also analyze 402
the efforts, and the results of such efforts, of each agency in promoting 403
fair housing choice and racial and economic integration. The provisions 404
of this section shall not be construed to require an occupant or applicant 405
to disclose his race on an application or survey form. 406
Sec. 10. Subsection (f) of section 8 -37r of the 2026 supplement to the 407
general statutes is repealed and the following is substituted in lieu 408
thereof (Effective October 1, 2026): 409
(f) Before exercising the authority to develop a housing project 410
pursuant to this section, the commissioner shall (1) submit a report to 411
the Council on Housing Development established pursuant to section 8-412
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13ii, concerning the process for identifying real property , [(1) suitable] 413
including (A) the suitability of such real property for such development, 414
including that such development is consistent with a municipal housing 415
growth plan or a regional housing growth plan, as such terms are 416
defined in section 8 -13aa, [(2)] (B) the geographic location of such real 417
property, [(3)] (C) income targets of the population to be served by such 418
development, [(4)] (D) any priorities for tenant selection concerning 419
such development, if any, and [(5)] (E) any other preferences or factors 420
applied or considered by the commissioner regarding individuals or 421
households that may reside in such development , and (2) coordinate 422
with the planning and zoning authority in which the housing project is 423
to be developed to (A) make such report available to the public, and (B) 424
hold a public hearing on the proposed housing project. 425
Sec. 11. Subsection (d) of section 8-13bb of the 2026 supplement to the 426
general statutes is repealed and the following is substituted in lieu 427
thereof (Effective October 1, 2026): 428
(d) A municipal housing growth plan submitted by a municipality 429
pursuant to this section shall address the following elements in a form 430
and level of detail specified by guidelines issued by the secretary 431
pursuant to subsection (i) of this section: 432
(1) The plan's consistency with (A) the municipal plan of 433
conservation and development prepared pursuant to section 8 -23, as 434
amended by this act , (B) the regional plan of conservation and 435
development prepared pursuant to section 8 -35a, (C) the state plan of 436
conservation and development prepared pursuant to chapter 297, and 437
(D) any plan adopted by the local water pollution control authority, if 438
applicable, provided a municipality may elect to disregard a municipal 439
plan of conservation and development prepared pursuant to section 8 -440
23, as amended by this act, and any plan adopted by the local water 441
pollution control authority to the extent to which such plans require the 442
adoption of measures in the municipal housing growth plan that 443
otherwise would not be necessary; 444
(2) The identification, to the extent practicable, of specific zones or 445
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parcels that may be developed to meet the municipality's affordable 446
housing goal through the process of summary review, as defined in 447
section 8-2r, together with the maximum allowed residential density for 448
each such area; 449
(3) The strategies the municipality has adopted or shall adopt to 450
improve the accessibility of affordable housing units for individuals 451
with an intellectual disability or other developmental disabilities; 452
(4) Strategies a municipality has adopted or shall adopt to promote 453
the development of diverse types of housing units, considering factors 454
such as unit size, number of bedrooms, construction type, density of 455
development and ownership models; 456
(5) An inventory of developable land within the municipality, using 457
the definition of developable land set forth in section 8-13aa; 458
(6) An explanation of how the plan conforms to and implements the 459
requirements of subsection (b) of section 8 -2, including addressing 460
significant disparities in housing needs, affirmatively furthering the 461
purposes of the federal Fair Housing Act, 42 USC 3601 et seq., as 462
amended from time to time, and promoting housing choice and 463
economic diversity; 464
(7) Identification of the projected infrastructure needs, including, but 465
not limited to, projected wastewater capacity, and other improvements 466
needed to meet the municipality's affordable housing goal; and 467
(8) An implementation schedule for the policies, strategies and other 468
actions identified in the plan that is calculated to achieve the municipal 469
affordable housing goal. 470
Sec. 12. Subsection (b) of section 8-13cc of the 2026 supplement to the 471
general statutes is repealed and the following is substituted in lieu 472
thereof (Effective October 1, 2026): 473
(b) Each regional housing growth plan submitted to the secretary 474
pursuant to this section shall address the following elements in a form 475
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and level of detail specified by guidelines issued by the secretary 476
pursuant to subsection (i) of section 8-13bb for each municipality that is 477
located in the planning region for the regional council of governments 478
that has elected to comply with the regional growth plan pursuant to 479
subsection (b) of section 8-13bb, as amended by this act: 480
(1) The housing growth policies each municipality has adopted or 481
shall adopt to reduce specific regulatory barriers to the development of 482
dwelling units in the municipality and to promote the development of 483
additional dwelling units in the municipality; 484
(2) The plan's consistency with (A) the municipal plans of 485
conservation and development prepared pursuant to section 8 -23, as 486
amended by this act ; (B) the regional plan of conservation and 487
development prepared pursuant to section 8 -35a; (C) the state plan of 488
conservation and development prepared pursuant to chapter 297; and 489
(D) any applicable plans adopted by a local water pollution control 490
authority, provided (i) such plan may, with the consent of the affected 491
municipality, elect to disregard a municipal plan of conservation and 492
development prepared pursuant to section 8-23, as amended by this act, 493
and any plan adopted by the local water pollution control authority if 494
such plan requires the adoption of measures in the regional housing 495
growth plan that otherwise would not be necessary, and (ii) a 496
municipality whose municipal plan of conservation and development 497
prepared pursuant to section 8 -23, as amended by this act, or plan 498
adopted by the local water pollution control authority was disregarded 499
in the development of a regional housing growth plan may elect to 500
disregard such plans to the extent that such plans require the adoption 501
of additional measures; 502
(3) The identification, to the extent practicable, of specific zones or 503
parcels that may be developed to meet a municipality's affordable 504
housing goal through the process of summary review, as defined in 505
section 8-2r, together with the maximum allowed residential density for 506
each such area; 507
(4) The strategies a municipality has adopted or shall adopt to 508
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improve the accessibility of affordable housing units for individuals 509
with an intellectual disability or other developmental disabilities; 510
(5) Strategies a municipality has adopted or shall adopt to promote 511
the development of diverse types of housing units, considering factors 512
such as unit size, number of bedrooms, construction type, density of 513
development and ownership models; 514
(6) An inventory of developable land within a municipality, using the 515
definition of developable land provided in section 8-13aa; 516
(7) An explanation of how the plan conforms to and implements the 517
requirements of subsection (b) of section 8 -2, including addressing 518
significant disparities in housing needs, affirmatively furthering the 519
purposes of the federal Fair Housing Act, 42 USC 3601 et seq., as 520
amended from time to time, and promoting housing choice and 521
economic diversity; 522
(8) Identification of the projected infrastructure needs, including, but 523
not limited to, projected wastewater capacity, and other improvements 524
needed to meet the municipality's affordable housing goal; and 525
(9) An implementation schedule for the policies, strategies and other 526
actions identified in the plan that are calculated to achieve the affordable 527
housing goals for each municipality in the planning region. 528
Sec. 13. Subsection (e) of section 8 -23 of the 2026 supplement to the 529
general statutes is repealed and the following is substituted in lieu 530
thereof (Effective October 1, 2026): 531
(e) (1) Any such plan of conservation and development adopted prior 532
to October 1, 2027, shall (A) be a statement of policies, goals and 533
standards for the physical and economic development of the 534
municipality, (B) provide for a system of principal thoroughfares, 535
parkways, bridges, streets, sidewalks, multipurpose trails and other 536
public ways as appropriate, (C) be designed to promote, with the 537
greatest efficiency and economy, the coordinated development of the 538
municipality and the general welfare and prosperity of its people and 539
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sHB5362 / File No. 197 18

identify areas where it is feasible and prudent (i) to have compact, 540
transit accessible, pedestrian-oriented mixed use development patterns 541
and land reuse, and (ii) to promote such development patterns and land 542
reuse, (D) recommend the most desirable use of land within the 543
municipality for residential, recreational, commercial, industrial, 544
conservation, agricultural and other purposes and include a map 545
showing such proposed land uses, (E) recommend the most desirable 546
density of population in the several parts of the municipality, (F) note 547
any inconsistencies with the following growth management principles: 548
(i) Redevelopment and revitalization of commercial centers and areas of 549
mixed land uses with existing or planned physical infrastructure; (ii) 550
expansion of housing opportunities and design choices to accommodate 551
a variety of household types and needs; (iii) concentration of 552
development around transportation nodes and along major 553
transportation corridors to support the viability of transportation 554
options and land reuse; (iv) conservation and restoration of the natural 555
environment, cultural and historical resources and existing farmlands; 556
(v) protection of environmental assets critical to public health and 557
safety; and (vi) integration of planning across all levels of government 558
to address issues on a local, regional and state -wide basis, (G) make 559
provision for the development of housing opportunities, including 560
opportunities for multifamily dwellings, consistent with soil types, 561
terrain and infrastructure capacity, for all residents of the municipality 562
and the planning region in which the municipality is located, as 563
designated by the Secretary of the Office of Policy and Management 564
under section 16a -4a, (H) promote housing choice and economic 565
diversity in housing, including housing for both low and moderate 566
income households, and encourage the development of housing which 567
will meet the housing needs identified in the state's consolidated plan 568
for housing and community development prepared pursuant to section 569
8-37t and in the housing component and the other components of the 570
state plan of conservation and development prepared pursuant to 571
chapter 297, and (I) consider allowing older adults and persons with a 572
disability the ability to live in their homes and communities whenever 573
possible. Such plan may: (i) Permit home sharing in single-family zones 574
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sHB5362 / File No. 197 19

between up to four adult persons of any age with a disability or who are 575
sixty years of age or older, whether or not related, who receive 576
supportive services in the home; (ii) allow accessory apartments for 577
persons with a disability or persons sixty years of age or older, or their 578
caregivers, in all residential zones, subject to municipal zoning 579
regulations concerning design and long -term use of the principal 580
property after it is no longer in use by such persons; and (iii) expand the 581
definition of "family" in single -family zones to allow for accessory 582
apartments for persons sixty years of age or older, persons with a 583
disability or their caregivers. In preparing such plan the commission 584
shall consider focusing development and revitalization in areas with 585
existing or planned physical infrastructure. 586
(2) Any such plan of conservation and development adopted on or 587
after October 1, 2027, shall (A) be a statement of policies, goals and 588
standards for the physical and economic development of the 589
municipality; (B) provide for a system of principal thoroughfares, 590
parkways, bridges, streets, sidewalks, multipurpose trails and other 591
public ways as appropriate; (C) be designed to promote, with the 592
greatest efficiency and economy, the coordinated development of the 593
municipality and the general welfare and prosperity of its people and 594
identify areas where it is feasible and prudent (i) to have compact, 595
transit-accessible, pedestrian-oriented mixed use development patterns 596
and land reuse, and (ii) to promote such development patterns and land 597
reuse; (D) (i) include a climate change vulnerability assessment, based 598
on information from considerations described in subsection (d) of this 599
section, which shall consist of an assessment of existing and anticipated 600
threats to and vulnerabilities of the municipality that are associated with 601
natural disasters, hazards and climate change, including, but not limited 602
to, increased temperatures, drought, flooding, wildfire, storm damage 603
and sea level rise, saltwater intrusion and the impacts such disasters and 604
hazards may have on individuals, communities, institutions, 605
businesses, economic development, public infrastructure and facilities, 606
public health, safety and welfare, (ii) identify goals, policies and 607
techniques to avoid or reduce such threats, vulnerabilities and impacts, 608
and (iii) include a statement describing any consistencies and 609
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sHB5362 / File No. 197 20

inconsistencies identified between such assessment and any existing or 610
proposed municipal natural hazard mitigation plan, floodplain 611
management plan, comprehensive emergency operations plan, 612
emergency response plan, post -disaster recovery plan, long -range 613
transportation plan or capital improvement plan in the municipality, 614
and identify and recommend, where necessary, the integration of data 615
from such assessment into any such plans and any actions necessary to 616
achieve consistency and coordination between such assessment and any 617
such plans; (E) recommend the most desirable use of land within the 618
municipality for residential, recreational, commercial, industrial, 619
conservation, agricultural and other purposes and include a map 620
showing such proposed land uses which considers the threats, 621
vulnerabilities and impacts identified in the climate change 622
vulnerability assessment conducted pursuant to subparagraph (D)(i) of 623
this subdivision; (F) recommend the most desirable density of 624
population in the several parts of the municipality; (G) note any 625
inconsistencies with the following growth management principles: (i) 626
Redevelopment and revitalization of commercial centers and areas of 627
mixed land uses with existing or planned physical infrastructure; (ii) 628
expansion of housing opportunities and design choices to accommodate 629
a variety of household types and needs; (iii) concentration of 630
development around transportation nodes and along major 631
transportation corridors to support the viability of transportation 632
options and land reuse and reduction of vehicle mileage; (iv) 633
conservation and restoration of the natural environment, cultural and 634
historical resources and existing farmlands; (v) protection of 635
environmental assets critical to public health and safety; and (vi) 636
integration of planning across all levels of government to address issues 637
on a local, regional and state -wide basis; (H) make provision for the 638
development of housing opportunities, including opportunities for 639
multifamily dwellings, consistent with soil types, terrain and 640
infrastructure capacity, for all residents of the municipality and the 641
planning region in which the municipality is located, as designated by 642
the Secretary of the Office of Policy and Management pursuant to 643
section 16a -4a; (I) promote housing choice and economic diversity in 644
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sHB5362 / File No. 197 21

housing, including housing for both low and moderate income 645
households, and encourage the development of housing which will 646
meet the housing needs identified in the state's consolidated plan for 647
housing and community development prepared pursuant to section 8 -648
37t and in the housing component and the other components of the state 649
plan of conservation and development prepared pursuant to chapter 650
297; (J) consider allowing older adults and persons with disabilities the 651
ability to live in their homes and communities whenever possible; (K) 652
identify infrastructure, including, but not limited to, facilities, public 653
utilities and roadways, that is critical for evacuation purposes and 654
sustaining quality of life during a natural disaster, and that shall be 655
maintained at all times in an operational state; (L) identify strategies and 656
design standards that may be implemented to avoid or reduce risks 657
associated with natural disasters, hazards and climate change; and (M) 658
include geospatial data utilized in preparing such plan or that is 659
necessary to convey information in such plan. Any such plan may: (i) 660
Permit home sharing in single -family zones between up to four adult 661
persons of any age with a disability or who are sixty years of age or 662
older, whether or not related, who receive supportive services in the 663
home; (ii) allow accessory apartments for persons with a disability or 664
persons sixty years of age or older, or their caregivers, in all residential 665
zones, subject to municipal zoning regulations concerning design and 666
long-term use of the principal property after it is no longer in use by 667
such persons; (iii) expand the definition of "family" in single -family 668
zones to allow for accessory apartments for persons sixty years of age or 669
older, persons with a disability or their caregivers; and (iv) identify one 670
or more areas that are vulnerable to the impacts of climate change for 671
the purpose of prioritizing funding for infrastructure needs and 672
resiliency planning. In preparing such plan the commission shall 673
consider focusing development and revitalization in areas with existing 674
or planned physical infrastructure. The commission or any special 675
committee may utilize information and data from any natural hazard 676
mitigation plan, floodplain management plan, comprehensive 677
emergency operations plan, emergency response plan, post -disaster 678
recovery plan, long -range transportation plan, climate vulnerability 679
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sHB5362 / File No. 197 22

assessment or resilience plan in the preparation of such plan of 680
conservation and development, including a document coordinated by 681
the applicable regional council of governments, provided such 682
information and data shall not be incorporated by reference, but 683
summarized and applied in such plan to the specific policies, goals and 684
standards of the subject municipality. 685
(3) For any municipality that is contiguous to Long Island Sound, 686
such plan shall be (A) consistent with the municipal coastal program 687
requirements of sections 22a -101 to 22a -104, inclusive, (B) made with 688
reasonable consideration for restoration and protection of the ecosystem 689
and habitat of Long Island Sound, and (C) designed to reduce hypoxia, 690
pathogens, toxic contaminants and floatable debris in Long Island 691
Sound. 692
(4) Any such plan of conservation and development adopted after 693
June 1, 2028, for municipalities that are members of the Capitol Region 694
planning region, the Northeastern Connecticut planning region, the 695
Lower Connecticut River Valley planning region, the Northwest Hills 696
planning region and the Southeastern Connecticut planning region, and 697
any plan adopted after June 1, 2029, for municipalities that are members 698
of the South Central Connecticut planning region, the Greater 699
Bridgeport planning region, the Naugatuck Valley planning region and 700
the Western Connecticut planning region, shall be consistent with the 701
applicable municipal housing growth plan submitted pursuant to 702
section 8-13bb, as amended by this act, or regional housing growth plan 703
submitted pursuant to section 8 -13cc, as amended by this act. In the 704
event of a conflict between a plan of conservation and development 705
adopted pursuant to this section and such municipal or regional 706
housing growth plan, the commission may determine that the 707
provisions of such municipal or regional housing growth plan shall 708
supersede the conflicting provisions of the plan of conservation and 709
development. 710
This act shall take effect as follows and shall amend the following
sections:

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sHB5362 / File No. 197 23

Section 1 October 1, 2026 8-30g(a)
Sec. 2 October 1, 2026 8-30g(f)
Sec. 3 October 1, 2026 8-30g(l)
Sec. 4 October 1, 2026 8-30g(n)
Sec. 5 October 1, 2026 8-2s
Sec. 6 October 1, 2026 8-13bb(b)
Sec. 7 October 1, 2026 8-13bb(g)
Sec. 8 October 1, 2026 8-13cc(c)
Sec. 9 October 1, 2026 8-37bb(a)
Sec. 10 October 1, 2026 8-37r(f)
Sec. 11 October 1, 2026 8-13bb(d)
Sec. 12 October 1, 2026 8-13cc(b)
Sec. 13 October 1, 2026 8-23(e)

HSG Joint Favorable Subst.

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sHB5362 / File No. 197 24

The following Fiscal Impact Statement and Bill Analysis are prepared for the benefit of the members of
the General Assembly, solely for purposes of information, summarization and explanation and do not
represent the intent of the General Assembly or either chamber there of for any purpose. In general,
fiscal impacts are based upon a variety of informational sources, including the analyst’s professional
knowledge. Whenever applicable, agency data is consulted as part of the analysis, however final
products do not necessarily reflect an assessment from any specific department.

OFA Fiscal Note

State Impact:
Agency Affected Fund-Effect FY 27 $ FY 28 $
Department of Housing GF - Potential
Cost
Minimal Minimal
Note: GF=General Fund
Municipal Impact:
Municipalities Effect FY 27 $ FY 28 $
Various Municipalities Potential
Cost
See Below See Below
Various Municipalities Potential
Savings
See Below See Below

Explanation
The bill makes various changes related to housing that result in the
impacts described below.
Section 1 expands the types of affordable housing developments that
can be built under the affordable housing land use appeals procedure
and allows these types of developments to be awarded housing unit
equivalent points toward a moratorium.
This may result in a potential cost to municipalities beginning in FY
27 associated with legal fees to the extent more appeals associated with
this type of housing are brought forward.1
The section may also result in a potential savings to municipalities
beginning in FY 27 for legal costs to the extent that more municipalities

1 Several municipalities reported spending up to $215,000 on legal costs, appeals, and
litigation related to CGS 8-30g projects within the past few years.
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sHB5362 / File No. 197 25

are awarded a moratorium.2
Section 2 requires a court to dismiss an appeal made under the
affordable housing land use appeals procedure if a municipality applies
for a moratorium and is eligible. This may result in a potential savings
to municipalities beginning in FY 27 associated with fewer legal costs.
Sections 3 and 5 make a moratorium awarded under the affordable
housing land use appeals procedure to last until the next applicable
housing growth plan due date. This may result in a fiscal impact in the
out years that is dependent on if the moratorium would have expired
prior to or extended beyond the housing growth plan due date.3
These sections also make clarifying and conforming changes
regarding points awarded for certain housing units toward a
moratorium under the affordable housing land use appeals procedure.
Any impact is dependent on if additional points are counted or
subtracted from a town's moratorium.4
Section 10 may result in a potential minimal cost to the Department
of Housing (DOH) beginning in FY 27 to the extent that public hearings
are held and staff and/or contractors require additional time or
resources for these hearings.
Sections 11 to 13 make various changes to municipal housing growth
plans and municipal plans of conservation and development. This may
result in a potential cost to municipalities beginning in FY 27 to the
extent additional resources are necessary to meet these requirements.
The bill makes various other changes that do not result in a fiscal
impact to the state or municipalities.

2 As of August 2025, five municipalities have an active moratorium granted under CGS
8-30g.
3 Housing growth plans are due on either June 1, 2028, or June 1, 2029, depending on
the region.
4 A moratorium under the affordable housing land use appeals procedure is associated
with a potential savings to municipalities associated with fewer legal costs and fees.
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sHB5362 / File No. 197 26

The Out Years
The annualized ongoing fiscal impact identified above would
continue into the future subject to inflation.

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sHB5362 / File No. 197 27

OLR Bill Analysis
sHB 5362

AN ACT IMPLEMENTING THE RECOMMENDATIONS OF THE
MAJORITY LEADER'S ROUNDTABLE.

TABLE OF CONTENTS:
SUMMARY
§ 1 — REDUCED DEED RESTRICTION DURATION FOR CERTAIN § 8-
30G SET-ASIDE DEVELOPMENTS
Reduces, from 40 to 20 years, the required deed restriction under § 8-
30g for set -aside developments built on municipal land or land a
municipality transfers to a developer to build one
§ 2 — § 8-30G APPEALS STAYED WHEN MUNICIPALITY SEEKS
MORATORIUM AND DISMISSED IF GRANTED
Requires courts to stay an § 8 -30g appeals proceeding when a
municipality applies for a moratorium; requires appeals proceedings
to be dismissed if a moratorium is granted
§ 3 — EXTENDING § 8-30G MORATORIA TO ALIGN WITH HOUSING
GROWTH PLAN SUBMISSION DEADLINES
Extends a municipality’s moratorium on appeals taken under § 8-30g
until the next applicable HGP deadline
§§ 3 & 5 — ALLOCATING § 8-30G HUE POINTS FOR TRANSIT
COMMUNITY MIDDLE HOUSING
Specifies that 0.25 HUE points are allocated to certain transit
community middle housing developments when they are not eligible
for other HUE points (§ 3); specifically allows units in these
developments to earn additional HUE points for being deed -
restricted affordable housing units (§ 5)
§ 4 — MUNICIPAL REPORTS TO STATE ON AFFORDABLE HOUSING
DEVELOPMENT APPLICATIONS
Requires municipalities to submit information quarterly on
developments that would qualify for an appeal under § 8 -30g;
requires DOH to post the information on its website
§ 6 — AFFORDABLE HOUSING GOALS IN HOUSING GROWTH
PLANNING LAW
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Prohibits revision of affordable housing goals after OPM approves a
regional HGP due to a municipality opting out of it (this provision
appears to have no legal effect as affordable housing goals are set for
each municipality individually and once OPM approves them, only a
municipality making its own HGP can set a different goal)
§§ 7 & 8 — CLARIFYING CHANGE TO HOUSING GROWTH PLAN
REVIEW PROCESS
Extends to the Council on Housing Development a requirement that
regional or municipal HGPs may only be rejected if they do not
conform to the law’s requirements
§ 9 — ANNUAL REPORT ON FAIR HOUSING CHOICE AND RACIAL
AND ECONOMIC INTEGRATION
Requires DOH to annually submit a report on fair housing choice and
racial and economic integration in its housing programs
§ 10 — DOH COLLABORATION WITH LOCAL LAND USE
AUTHORITY
Requires the DOH commissioner to work with the local planning and
zoning authority to share information with the public about a
proposed DOH project on state owned or controlled land
§§ 11-13 — HGP TAKES PRECEDENCE OVER OTHER LOCAL PLANS
Generally specifies that local POCDs and sewer plans can be
disregarded when they unnecessarily limit an HGP; requires local
POCDs to be consistent with HGPs
BACKGROUND

SUMMARY
This bill makes various changes in laws related to affordable housing,
including the affordable housing land use appeals procedure (§ 8 -30g)
and housing growth plan requirements, as described in the section -by-
section analysis below.
EFFECTIVE DATE: October 1, 2026
§ 1 — REDUCED DEED RESTRICTION DURATION FOR CERTAIN §
8-30G SET-ASIDE DEVELOPMENTS
Reduces, from 40 to 20 years, the required deed restriction under § 8-30g for set-aside
developments built on municipal land or land a municipality transfers to a developer to
build one
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sHB5362 / File No. 197 29

The bill changes the definition of “set -aside development” for
purposes of the affordable housing land use appeals procedure (§ 8-30g)
to reduce, in some circumstances, the required period of affordability.
Currently, a “set-aside development” is one in which, for at least 40
years after initial occupancy, at least 30% of the units are deed restricted
for low - and moderate - income families. Under the bill, the required
duration after initial occupancy is lowe red to 20 years, if the set -aside
development is either (1) built on land owned by a municipality or (2)
conveyed by a municipality to a developer in order to build a set-aside
development.
Shortening the required deed restriction duration allows HUE
(housing unit equivalent) points to be awarded for units that are not
currently eligible for them, potentially making it easier for a
municipality to qualify for a moratorium. (Municipalities with an active
moratorium are not subject to appeals taken under § 8-30g, see § 2 below
for more information.)
Shortening the required duration also expands the proposed
developments that fall under § 8 -30g’s burden -shifting framework,
which requires municipalities to defend their decisions to reject or
condition affordable housing developments. (But presumably, most set-
aside developments built on municipal land or formerly municipal land
will be built without the developer using the appeals procedure.)
The definition of “set -aside development” is also used outside § 8 -
30g. To the extent other laws use the definition as it appears in § 8 -30g,
they are also affected by the bill. For example, the law on transit -
oriented districts in a qualifying transit-oriented community, passed as
part of PA 25 -1, November Special Session, refers to set -aside
developments, as defined in § 8 -30g, for purposes of specifying which
developments are allowed as of right in a district. Another law allows
municipalities that have adopted a tax increment financing (TIF) district
to use TIF revenue to pay for improvement s outside the district to
renovate or rehabilitate set -aside developments with expiring deed
restrictions.
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sHB5362 / File No. 197 30

§ 2 — § 8 -30G APPEALS STAYED WHEN MUNICIPALITY SEEKS
MORATORIUM AND DISMISSED IF GRANTED
Requires courts to stay an § 8-30g appeals proceeding when a municipality applies for a
moratorium; requires appeals proceedings to be dismissed if a moratorium is granted
The bill requires a court hearing an appeal made under § 8 -30g (the
affordable housing land use appeals procedure) to stay the proceeding
if the defendant-municipality applies for a moratorium and asks for the
stay (presumably , in good faith that they are eligible). And if the
housing commissioner determines that a municipality is eligible for a
moratorium, the bill requires the court to dismiss the stayed proceeding
(the § 8-30g appeal).
Under existing law, a municipality is generally eligible for a four - or
five-year moratorium (temporary suspension) from appeals taken
under § 8 -30g each time it shows it has added a certain amount of
qualifying housing units to its housing stock, measured in HUE points.
The number of points required depends on certain factors, like the
municipality’s size and whether it adopted certain zoning regulations
or has qualified for a moratorium before.
§ 3 — EXTENDING § 8-30G MORATORIA TO ALIGN WITH HOUSING
GROWTH PLAN SUBMISSION DEADLINES
Extends a municipality’s moratorium on appeals taken under § 8-30g until the next
applicable HGP deadline
Under the bill, if a municipality earns an § 8 -30g moratorium (see §
2), it lasts until the next applicable housing growth plan (HGP) due date.
Existing law requires each municipality to either adopt its own HGP
or opt to comply with a regional one (see Background — Housing Growth
Plans). HGPs have staggered due dates by planning region, with the first
plans due on June 1, 2028, and other plans due June 1, 2029.
Background — Housing Growth Plans
After the passage of the PA 25 -1, November Special Session, the law
requires each municipality to either adopt its own HGP or opt to comply
with a regional housing growth plan developed by the local council of
governments (COG) (CGS § 8 -13aa et seq.). Broadly, HGPs outline
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sHB5362 / File No. 197 31

policies and practices that promote or enable housing development to
meet the municipal affordable housing goal (a numerical goal for
developing affordable housing that is deed -restricted for at least 40
years). The plans cover a five -year period and must be updated every
five years.
§§ 3 & 5 — ALLOCATING § 8 -30G HUE POINTS FOR TRANSIT
COMMUNITY MIDDLE HOUSING
Specifies that 0.25 HUE points are allocated to certain transit community middle housing
developments when they are not eligible for other HUE points (§ 3); specifically allows
units in these developments to earn additional HUE points for being deed-restricted
affordable housing units (§ 5)
By law, if a municipality opts to allow transit community middle
housing developments on any lots allowing residential use subject only
to a summary review, it is eligible for HUE points for units built under
that process (see CGS § 8 -2s). “Transit communi ty middle housing
developments” are residential buildings with between two and nine
units and generally include duplexes, triplexes, townhomes, cottage
clusters, and perfect sixes. Existing law, unchanged by the bill, does not
require any units in these de velopments to qualify as affordable
housing.
It appears that current law requires each unit in a transit community
middle housing development to be awarded a base value of 0.25 HUE
points, to which additional points may be added, if a unit qualifies for
them (like by being deed -restricted to maintain affordability). But in
practice, it has been deemed unclear whether a unit in a transit
community middle housing development is eligible for both the base
value HUE points and any additional HUE points the unit may qualify
for.
The bill includes two provisions addressing this ambiguity. The first
modifies the municipal option law to clarify that units in a transit
community middle housing development built under the municipal
option process are eligible for a base value of 0.25 HUE points, to which
additional HUE points may be added if the units qualify as affordable
housing for families at or below 80% of the median income (§ 5). (The
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number of HUE points depends on whether it is a rental or ownership
unit.)
The other provision modifies § 8 -30g to clarify that units in a transit
community middle housing developments are eligible for 0.25 HUE
points for being units built under the municipal option summary review
process if they do not qualify for other HUE poin ts (§ 3). However, the
bill is missing a conforming change to § 8-30g necessary to align it with
the HUE point allocation set in the municipal option law.
The bill also makes a conforming in § 8 -30g on determining which
units, under existing law, can be counted toward a moratorium.
§ 4 — MUNICIPAL REPORTS TO STATE ON AFFORDABLE
HOUSING DEVELOPMENT APPLICATIONS
Requires municipalities to submit information quarterly on developments that would
qualify for an appeal under § 8-30g; requires DOH to post the information on its website
The bill creates a new recordkeeping and reporting requirement for
municipalities related to affordable housing applications. (By law, these
are proposals submitted to a local land use commission for “assisted
housing” or a “set-aside development,” as defined in law.)
Quarterly, municipalities must give the Department of Housing
(DOH) information on affordable housing applications “submitted
under” § 8-30g. Presumably, this means applications that would qualify
for an appeal under the procedure (as determined locally), if not
approved by the local commission.
Municipalities must give DOH information on the number of
affordable housing applications received, and for each application, the:
1. developer’s name;
2. proposed number of set-aside units (presumably, units that will
be preserved as affordable housing, whether in a set -aside or
assisted housing development); and
3. proposed number of market-rate units.
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DOH must post this information on its website quarterly.
§ 6 — AFFORDABLE HOUSING GOALS IN HOUSING GROWTH
PLANNING LAW
Prohibits revision of affordable housing goals after OPM approves a regional HGP due to
a municipality opting out of it (this provision appears to have no legal effect as affordable
housing goals are set for each municipality individually and once OPM appr oves them,
only a municipality making its own HGP can set a different goal)
The housing growth planning law makes COGs responsible for
setting a recommended affordable housing goal (the number of deed -
restricted units) for each municipality in their respective region, except
those municipalities with relatively low property wealth and income
per capita. By law, COGs’ recommended goals are subject to the Office
of Policy and Management (OPM) secretary’s approval and serve as the
default goals for regional and municipal HGPs. (COGs’ recommended
goals are based on OPM -set housing grow th targets for the state and
each planning region.)
The bill modifies a provision that allows municipalities to opt into a
regional HGP within 30 days of receiving their affordable housing goal.
It does so by specifying that once the OPM secretary approves a regional
HGP, the affordable housing goal cannot be revised to reflect that one
or more municipalities opted out of regional planning and into making
a municipal HGP. This provision appears to have no legal effect because
affordable housing goals are set and approved before the process of
drafting HGPs begins. Additionally, affordable housing goals are set for
each municipality individually and once OPM approves them, only a
municipality making its own HGP can set a different goal.
§§ 7 & 8 — CLARIFYING CHANGE TO HOUSING GROWTH PLAN
REVIEW PROCESS
Extends to the Council on Housing Development a requirement that regional or
municipal HGPs may only be rejected if they do not conform to the law’s requirements
By law, unchanged by the bill, regional and municipal HGPs must be
submitted to the OPM secretary for approval. The secretary must accept
or reject a plan within 120 days after receiving it. But he cannot reject
plans that meet the HGP law’s requirements.
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If the secretary does not act within this timeframe, a plan must
instead be submitted to the Council on Housing Development for
approval. The bill clarifies that like the OPM secretary, the council may
only reject a plan if it does not meet the HGP law’s requirements.
§ 9 — ANNUAL REPORT ON FAIR HOUSING CHOICE AND RACIAL
AND ECONOMIC INTEGRATION
Requires DOH to annually submit a report on fair housing choice and racial and
economic integration in its housing programs
The bill requires DOH to begin submitting an annual report on fair
housing choice and racial and economic integration in its programs.
Under current law, the Connecticut Housing Finance Authority and the
Connecticut Housing Authority (which is not active) are required to
submit a report on these topics, as they relate to their programs.
Under existing law, this annual report must include, among other
things (1) by income group and race, households served by the agency’s
housing construction, substantial rehabilitation, purchase, and rental
assistance programs; and (2) efforts made to promote fair housing
choice and racial and economic integration.
§ 10 — DOH COLLABORATION WITH LOCAL LAND USE
AUTHORITY
Requires the DOH commissioner to work with the local planning and zoning authority to
share information with the public about a proposed DOH project on state owned or
controlled land
PA 25 -1, November Special Session, § 48, authorized the DOH
commissioner to develop housing projects on land the state owns or
otherwise controls, sell or lease these projects, and provide for their
management. Before the commissioner develops a housing pr oject
under this authority, she must report to the Council on Housing
Development on how a suitable property was identified and what type
of project is proposed, among other things.
The bill additionally requires the commissioner, before beginning
development, to coordinate with the local planning and zoning
authority (or, presumably, authorities if these powers are exercised by
separate commissions) to share the report with the public and hold a
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public hearing on the proposed project.
By law, unchanged by the bill, the state is not subject to local land use
controls.
§§ 11 -13 — HGP TAKES PRECEDENCE OVER OTHER LOCAL
PLANS
Generally specifies that local POCDs and sewer plans can be disregarded when they
unnecessarily limit an HGP; requires local POCDs to be consistent with HGPs
Currently, a municipal or regional HGP must address the plan’s
consistency with (1) the municipal plan of conservation and
development (POCD) and (2) any applicable plans adopted by the local
water pollution control (sewer) authorities.
By law, local POCDs are made by the municipal planning
commission for a 10 -year period. POCDs must address certain
conservation and development concerns, including: (1) the
municipality’s need for affordable housing; (2) physical, social,
economic, and gov ernmental conditions and trends; (3) objectives for
energy-efficient development patterns; (4) the protection of agriculture
and water sources; and (5) sea level change. Local sewer plans are
optional plans that, among other things, identify areas where se wer
service is planned or should be avoided.
Considering Local Plans When Making HGP (§§ 11 & 12)
Under the bill, while a n HGP must still address its consistency with
local POCDs and sewer plans, the bill generally allows conflicting
provisions in these plans to be disregarded if they impose unnecessary
requirements. Specifically, the bill allows disregarding local POCDs and
sewer plans if they require “adopting measures” in the HGP that are
otherwise unnecessary. (Presumably, this means that the disregarded
provisions constrain development that has been deemed prudent and
feasible as part of the HGP process.)
For regional HGPs, a POCD or sewer plan can be disregarded only if
the affected municipality agrees to it. The bill specifies that these
municipalities may correspondingly opt to disregard their local POCD
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or sewer plan. (It is unclear what this means.)
Municipal POCDs (§ 13)
The bill also changes the law on making municipal POCDs to specify
that beginning with the date the first HGPs are due, any subsequently
adopted local POCD must be consistent with the relevant HGP. The bill
requires these local POCDs to be consistent with the submitted HGP,
not the state-approved plan.
The bill also specifies that the local planning commission, when
making the POCD, may choose to allow the HGP to take precedence
over conflicting provisions in the POCD. (The permissive authorization
in this provision is unclear given that the bill also requires the POCD to
be consistent with the HGP.)
BACKGROUND
Related Bills
HB s5502, favorably reported by the Planning and Development
Committee, makes changes to the law on mandatory summary review
procedures for certain transit community middle housing
developments and mixed-use developments.
The Housing, Insurance and Real Estate, and Planning and
Development committees reported favorably several bills impacting §
8-30g, including: sSB 338 (prohibits the allocation of HUE points after §
8-30g litigation, under certain circumstances); sHB 5364 (redefines “set-
aside development” to reduce required affordability periods and aligns
HUE point allocations with them); sHB 5365 (modifies HUE point
allocations, including for accessory apartments and certain deeply
affordable housing); sHB 5376 ( adds an additional ground for a local
commission to defend its decision on an affordable housing
application); and sHB 5395 (allocates HUE points to modular and
prefabricated homes that do not otherwise qualify for points).
COMMITTEE ACTION
Housing Committee
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Joint Favorable Substitute
Yea 17 Nay 2 (03/10/2026)