AN ACT INCREASING CERTAIN HOUSING UNIT-EQUIVALENT POINTS.

House of Representatives
sHB5365 / File No. 113 1

General Assembly File No. 113
February Session, 2026 Substitute House Bill No. 5365

House of Representatives, March 23, 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 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general statutes is repealed and the following is substituted in lieu 2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
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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
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
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(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
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 applying in writing to 69
the commissioner, and including documentation showing that the 70
municipality has accumulated the required number of points within the 71
applicable time period. Such documentation shall include the location 72
of each dwelling unit being counted, the number of points each dwelling 73
unit has been assigned, and the reason, pursuant to this subsection, for 74
assigning such points to such dwelling unit. Upon receipt of such 75
application, the commissioner shall promptly cause a notice of the filing 76
of the application to be published in the Connecticut Law Journal, 77
stating that public comment on such application shall be accepted by the 78
commissioner for a period of thirty days after the publication of such 79
notice. Not later than ninety days after the receipt of such application, 80
the commissioner shall either approve or reject such application. Such 81
approval or rejection shall be accompanied by a written statement of the 82
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reasons for approval or rejection, pursuant to the provisions of this 83
subsection. If the application is approved, the commissioner shall 84
promptly cause a certificate of affordable housing project completion to 85
be published in the Connecticut Law Journal. If the commissioner fails 86
to either approve or reject the application within such ninety -day 87
period, such application shall be deemed provisionally approved, and 88
the municipality may cause notice of such provisional approval to be 89
published in a conspicuous manner in a daily newspaper having general 90
circulation in the municipality, in which case, such moratorium shall 91
take effect upon such publication. The municipality shall send a copy of 92
such notice to the commissioner. Such provisional approval shall 93
remain in effect unless the commissioner subsequently acts upon and 94
rejects the application, in which case the moratorium shall terminate 95
upon notice to the municipality by the commissioner. 96
(5) For the purposes of this subsection, "elderly units" are dwelling 97
units whose occupancy is restricted by age, "family units" are dwelling 98
units whose occupancy is not restricted by age, and "resident -owned 99
mobile manufactured home park" has the same meaning as provided in 100
subsection (k) of this section. 101
(6) For the purposes of this subsection, housing unit -equivalent 102
points shall be determined by the commissioner as follows: (A) No 103
points shall be awarded for a unit unless its occupancy is restricted to 104
persons and families whose income is equal to or less than eighty per 105
cent of the median income, except that (i) unrestricted units in a set -106
aside development shall be awarded one -quarter point each, [and] (ii) 107
dwelling units in transit community middle housing developments 108
developed pursuant to subdivision (2) of subsection (a) of section 8 -2s 109
shall be awarded one-quarter point each, and (iii) unrestricted accessory 110
apartments developed as of right, as defined in section 8 -1a, shall be 111
awarded one-quarter point each ; (B) family units restricted to persons 112
and families whose income is equal to or less than eighty per cent of the 113
median income shall be awarded one and one -quarter point if an 114
ownership unit and one and [one-half] three-quarters points if a rental 115
unit; (C) family units restricted to persons and families whose income is 116
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equal to or less than sixty per cent of the median income shall be 117
awarded one and [one-half] three-quarters points if an ownership unit 118
and two and one -quarter points if a rental unit; (D) family units 119
restricted to persons and families whose income is equal to or less than 120
forty per cent of the median income shall be awarded two and one-half 121
points if an ownership unit and [two and one -half] three points if a 122
rental unit; (E) family units restricted to persons and families whose 123
income is equal to or less than twenty per cent of the median income 124
shall be awarded two and three-quarters points if an ownership unit and 125
three and one-quarter points if a rental unit; (F) elderly units restricted 126
to persons and families whose income is equal to or less than eighty per 127
cent of the median income shall be awarded one -half point; [(F)] (G) a 128
set-aside development containing family units which are rental units 129
shall be awarded additional points equal to twenty -two per cent of the 130
total points awarded to such development, provided the application for 131
such development was filed with the commission prior to July 6, 1995; 132
[(G)] (H) a mobile manufactured home in a resident -owned mobile 133
manufactured home park shall be awarded points as follows: (i) One 134
and one -half points when occupied by persons and families with an 135
income equal to or less than eighty per cent of the median income, (ii) 136
two points when occupied by persons and families with an income 137
equal to or less than sixty per cent of the median income, and (iii) one -138
fourth point for the remaining units; [and (H)] (I) any unit described in 139
subparagraphs (A) to [(G)] (H), inclusive, of this subdivision shall be 140
awarded an additional one -quarter point, provided such unit was 141
constructed by or in conjunction with a housing authority, as defined in 142
section 8 -40, of a neighboring municipality ; (J) a deed -restricted 143
accessory apartment shall be awarded half the point total a family unit 144
with the same deed restriction would be awarded pursuant to 145
subparagraphs (B) to (E), inclusive, of this subdivision; and (K) a deed -146
restricted accessory apartment developed as of right, as defined in 147
section 8 -1a, shall receive an additional one -quarter point above the 148
amount awarded pursuant to subparagraph (J) of this subdivision. 149
(7) Points shall be awarded only for dwelling units which (A) were 150
newly-constructed units in an affordable housing development, as that 151
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term was defined at the time of the affordable housing application, for 152
which a certificate of occupancy was issued after July 1, 1990, (B) were 153
newly subjected after July 1, 1990, to deeds containing covenants or 154
restrictions which require that, for at least the duration required by 155
subsection (a) of this section for set -aside developments on the date 156
when such covenants or restrictions took effect, such dwelling units 157
shall be sold or rented at, or below, prices which will preserve the units 158
as affordable housing for persons or families whose income does not 159
exceed eighty per cent of the median income, or (C) are located in a 160
resident-owned mobile manufactured home park. 161
(8) Points shall be subtracted, applying the formula in subdivision (6) 162
of this subsection, for any affordable dwelling unit which, on or after 163
July 1, 1990, was affected by any action taken by a municipality which 164
caused such dwelling unit to cease being counted as an affordable 165
dwelling unit. 166
(9) A newly-constructed unit shall be counted toward a moratorium 167
when it receives a certificate of occupancy. A newly-restricted unit shall 168
be counted toward a moratorium when its deed restriction takes effect. 169
(10) The affordable housing appeals procedure shall be applicable to 170
affordable housing applications filed with a commission after a three -171
year moratorium expires, except (A) as otherwise provided in 172
subsection (k) of this section, or (B) when sufficient unit -equivalent 173
points have been created within the municipality during one 174
moratorium to qualify for a subsequent moratorium. 175
(11) The commissioner shall, within available appropriations, adopt 176
regulations in accordance with chapter 54 to carry out the purposes of 177
this subsection. Such regulations shall specify the procedure to be 178
followed by a municipality to obtain a moratorium, and shall include 179
the manner in which a municipality is to document the units to be 180
counted toward a moratorium. A municipality may apply for a 181
moratorium in accordance with the provisions of this subsection prior 182
to, as well as after, such regulations are adopted. 183
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This act shall take effect as follows and shall amend the following
sections:

Section 1 October 1, 2026 8-30g(l)

Statement of Legislative Commissioners:
In Subsec. l(6), "unit" was changed to "family unit" for consistency.

HSG Joint Favorable Subst. -LCO

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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 thereof 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: None
Municipal Impact:
Municipalities Effect FY 27 $ FY 28 $
Various Municipalities Potential
Savings
See Below See Below

Explanation
The bill increases (1) the type of housing units that qualify for housing
unit-equivalent points and (2) the number of points awarded for certain
types of housing units toward a moratorium under the affordable
housing land use appeals procedure.1 This results in a potential savings
to municipalities beginning in FY 27 for legal costs to the extent that
more municipalities are awarded a moratorium.2
The Out Years
The annualized ongoing fiscal impact identified above would
continue into the future subject to inflation and the number of
moratoriums that are awarded.
Sources: https://portal.ct.gov/-/media/doh/moratorium-history-3-31-
2025.pdf?rev=40e284246c8b4218b638a71952eaa5da&hash=
143E328FA4398D9945A2159AAFE739D8

1 As of August 2025, five municipalities have an active moratorium granted under CGS
8-30g.
2 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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OLR Bill Analysis
sHB 5365

AN ACT INCREASING CERTAIN HOUSING UNIT -EQUIVALENT
POINTS.

SUMMARY
This bill modifies housing unit equivalent (HUE) point allocations
under the affordable housing land use appeals procedure (CGS § 8-30g;
see BACKGROUND — § 8-30g). Specifically, it (1) explicitly sets point
allocations for certain accessory apartments (also known as accessory
dwelling units or ADUs) and (2) increases current law’s point
allocations for income -restricted family units (not age -restricted),
including creating a new, higher -point allocation category for these
units if they are restricted to households with incomes up to 20% of the
median income. (Under existing law and the bill, “median income”
means the lesser of the federally determined state or area median
income, after family size adjustments.)
The table below shows HUE point allocations by unit type under
current law and the bill.
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
(since July 1, 1990, for a first morator ium). 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.
EFFECTIVE DATE: October 1, 2026

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HUE POINT ALLOCATIONS
Table: Base and Bonus HUE Points Under Current Law vs. HB 5365

Unit Type
Base HUE Value
(per Unit)
Current Law
Base HUE Value
(per Unit)
HB 5365
Market-rate unit in a set-aside development 0.25 No change
Certain middle housing dwelling units built under
local option regulation
0.25 No change
Market-rate accessory apartment developed as of
right (see below)
N/A 0.25
Accessory apartment subject to a deed restriction
equivalent to the categories applicable to a family
unit (80%, 60%, 40%, or 20% of median income)
Generally same
as applicable
family unit value
0.5 x applicable
family unit value*
Owned family unit
restricted to
households earning
no more than:
80% of median income 1.00 1.25
60% of median income 1.50 1.75
40% of median income 2.00 2.5
20% of median income 2.00 2.75
Rented family unit
restricted to
households earning
no more than:
80% of median income 1.50 1.75
60% of median income 2.00 2.25
40% of median income 2.50 3.00
20% of median income 2.50 3.25
Owned or rented elderly unit restricted to
households earning no more than 80% of the
median income
0.50 No change
Owned or rented homes in resident-owned mobile
manufactured home parks occupied by
households earning 80% or less of the median
income
1.50 No change
Owned or rented homes in resident-owned mobile
manufactured home parks occupied by
households earning 60% or less of the median
income
2.00 No change
Owned or rented homes in resident-owned mobile
manufactured home parks not otherwise eligible
for points
0.25 No change
Unit Type Bonus HUE
Value
Current Law
Bonus HUE
Value
HB 5365
Rental family units in a set -aside development, if
the developer applied for local approval before
July 6, 1995
Bonus equal to
22% of the total
points awarded to
the development
No change
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Unit Type
Base HUE Value
(per Unit)
Current Law
Base HUE Value
(per Unit)
HB 5365
Unit that is eligible for a base HUE allocation, as
described above, and was constructed by (or with)
a neighboring municipality’s housing authority
0.25 per unit No change
Accessory apartment subject to a deed restriction
(see above) that is developed as of right
N/A 0.25 per
apartment
*Under the bill, a deed-restricted accessory apartment is awarded half the points of a family unit with an
equivalent deed restriction; under current law, these accessory apartments generally are awarded the
same HUE point allocation as the applicable family unit type
ACCESSORY APARTMENT-RELATED DEFINITIONS
Under existing law and the bill, an “accessory apartment” is a
separate dwelling unit that (1) is located on the same lot as a principal
dwelling unit of greater square footage; (2) has cooking facilities; and (3)
complies with , or is otherwise exempt from , any applicable building
code, fire code, and health and safety regulations . “As-of-right” means
a project may be approved without requiring (1) a public hearing; (2) a
variance, special permit, or special exception; or (3) other discretionary
zoning action, other than a determination that a site plan conforms with
applicable zoning regulations (CGS § 8-1a).
BACKGROUND
§ 8-30g
The affordable housing land use appeals procedure is a set of rules
that allows developers to appeal to Superior Court local planning and
zoning commission decisions denying affordable housing
developments or approving them with costly conditions. In tradi tional
zoning appeals, the developer must convince the court that the
commission (municipality) acted illegally or arbitrarily, or abused its
discretion, by rejecting the proposed development. The § 8-30g appeals
procedure instead places the burden of proof on the municipality. Only
municipalities in which less than 10% of the housing stock is affordable,
and that have not qualified for a moratorium, are subject to the
procedure.

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Related Bills
The Housing, Insurance and Real Estate, and Planning and
Development committees favorably reported several bills impacting §
8-30g, including: sSB 338 (prohibits the allocation of HUE points after §
8-30g litigation, under certain circumstances); HB 5362 ( reduces the
required affordability period for set -aside developments on municipal
land, requires the court to stay appeals when a municipality applies for
a moratorium, extends moratoria to align with housing growth plans,
requires towns to report on affor dable housing applications, and
clarifies middle housing HUE point allocations); HB 5364 (redefines
“set-aside development” to reduce required affordability periods and
aligns HUE point allocations with them); sHB 5376 (adds an additional
ground for a loca l 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).
Additionally, the Planning and Development Committee favorably
reported two bills impacting accessory apartments: sHB 5288 (renames
“accessory apartments” as “accessory dwelling units”(ADUs), extends
the law on allowing them as -of-right to more municipalities, and
clarifies how they can be treated by utilities) and sHB 5507 (makes the
same changes as sHB 5288 and eliminates the option to opt -out of the
as-of-right ADU law, sets additional restrictions on m unicipal ADU
regulations, and requires Department of Housing to develop a program
promoting standardized ADU designs).
COMMITTEE ACTION
Housing Committee
Joint Favorable
Yea 17 Nay 1 (03/05/2026)