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General Assembly Substitute Bill No. 5507
February Session, 2026
AN ACT PROMOTING THE DEVELOPMENT OF ACCESSORY
DWELLING UNITS.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Subdivisions (1) and (2) of subsection (b) of section 8 -1a of 1
the 2026 supplement to the general statutes are repealed and the 2
following is substituted in lieu thereof (Effective October 1, 2026): 3
(1) ["Accessory apartment" ] "Accessory dwelling unit " means a 4
separate dwelling unit that (A) is located on the same lot as a principal 5
dwelling unit of greater square footage, (B) has cooking facilities, and 6
(C) complies with or is otherwise exempt from any applicable building 7
code, fire code and health and safety regulations; 8
(2) ["Affordable accessory apartment" ] "Affordable accessory 9
dwelling unit " means an accessory [apartment] dwelling unit that is 10
subject to binding recorded deeds which contain covenants or 11
restrictions that require such accessory [apartment] dwelling unit be 12
sold or rented at, or below, prices that will preserve the unit as housing 13
for which, for a period of not less than ten years, persons and families 14
pay thirty per cent or less of income, where such income is less than or 15
equal to eighty per cent of the median income; 16
Sec. 2. Section 8 -2o of the 2026 supplement to the general statutes is 17
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repealed and the following is substituted in lieu thereof (Effective October 18
1, 2026): 19
(a) (1) Any zoning regulations adopted pursuant to section 8-2 or any 20
special act shall: 21
[(1)] (A) Designate locations or zoning districts within the 22
municipality in which accessory [apartments] dwelling units are 23
allowed, provided at least one accessory [apartment] dwelling unit shall 24
be allowed as of right on each lot that contains a single-family dwelling 25
and no such accessory [apartment] dwelling unit shall be required to be 26
an affordable accessory [apartment] dwelling unit; 27
[(2)] (B) Allow accessory [apartments] dwelling units to be attached 28
to or located within the proposed or existing principal dwelling, or 29
detached from the proposed or existing principal dwelling and located 30
on the same lot as such dwelling; 31
[(3) Set a maximum net floor area for an accessory apartment of not 32
less than thirty per cent of the net floor area of the principal dwelling, or 33
one thousand square feet, whichever is less, except that such regulations 34
may allow a larger net floor area for such apartments;] 35
[(4)] (C) Require setbacks, lot size and building frontage less than or 36
equal to that which is required for the principal dwelling, and require 37
lot coverage greater than or equal to that which is required for the 38
principal dwelling; 39
[(5) Provide for ] (D) Not require height, landscaping [and] or 40
architectural design standards that [do not] exceed any such standards 41
[as they are applied ] applicable to single -family dwellings in the 42
municipality; 43
[(6) Be prohibited from requiring (A) ] (E) Not require (i) a 44
passageway between any such accessory [apartment] dwelling unit and 45
any such principal dwelling, [(B)] (ii) an exterior door for any such 46
accessory [apartment] dwelling unit , except as required by the 47
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applicable building or fire code, [(C)] (iii) any more than one parking 48
space for any such accessory [apartment] dwelling unit, or fees in lieu 49
of parking otherwise allowed by section 8 -2c, [(D)] (iv) that the owner 50
of the principal dwelling occupy either such principal dwelling or the 51
accessory dwelling unit, (v) a familial, marital or employment 52
relationship between occupants of the principal dwelling and the 53
occupants, including any tenant, as defined in section 47a -1, of an 54
accessory [apartment, (E) ] dwelling unit , (vi) a minimum age for 55
occupants of the accessory [apartment, (F)] dwelling unit, (vii) separate 56
billing of utilities otherwise connected to, or used by, the principal 57
dwelling unit, (viii) that an accessory dwelling unit be subject to any 58
form of deed restriction, or [(G)] (ix) periodic renewals for permits for 59
such accessory [apartments; and] dwelling units; 60
(F) Not prohibit an owner of an accessory dwelling unit from renting 61
such unit, except that a municipality may require the licensure of any 62
accessory dwelling unit used as a short -term rental pursuant to section 63
7-148qq; and 64
[(7)] (G) Be interpreted and enforced such that nothing in this section 65
shall be in derogation of [(A)] (i) applicable building code requirements, 66
[(B)] (ii) the ability of a municipality to prohibit or limit the use of 67
accessory [apartments] dwelling units for short-term rentals or vacation 68
stays, or [(C)] (iii) other requirements where a well or private sewerage 69
system is being used, provided approval for any such accessory 70
[apartment] dwelling unit shall not be unreasonably withheld. 71
(2) Any zoning regulations adopted pursuant to section 8-2 or any 72
special act may set a maximum floor area for an accessory dwelling unit 73
of not less than (A) one thousand square feet, or (B) one-third of the size 74
in square feet of the principal dwelling, whichever is smaller, provided 75
no such maximum floor area shall be less than four hundred square feet. 76
(b) The [as of right] as-of-right permit application and review process 77
for approval of an accessory [apartments] dwelling unit shall require 78
that a decision on any such application be rendered not later than sixty-79
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five days after receipt of such application by the applicable zoning 80
commission, except that an applicant may consent to one or more 81
extensions of not more than an additional sixty -five days or may 82
withdraw such application. 83
(c) A municipality shall not (1) condition the approval of an accessory 84
[apartment] dwelling unit on the correction of a nonconforming use, 85
structure or lot, or (2) require the installation of fire sprinklers in an 86
accessory [apartment] dwelling unit if such sprinklers are not required 87
for the principal dwelling located on the same lot or otherwise required 88
by the fire safety code. 89
(d) [A] No municipality, special district, sewer or water authority or 90
water company, as defined in section 16 -1, shall [not] (1) consider an 91
accessory [apartment] dwelling unit to be a new residential use for the 92
purposes of calculating connection fees or capacity charges for utilities, 93
including water and sewer service, unless such accessory [apartment] 94
dwelling unit was constructed with a new single-family dwelling on the 95
same lot, or (2) require the installation of a new or separate utility 96
connection directly to an accessory [apartment] dwelling unit or impose 97
a related connection fee or capacity charge. 98
(e) If a municipality fails to adopt new regulations or amend existing 99
regulations by January 1, 2023, for the purpose of complying with the 100
provisions of subsections (a) to (d), inclusive, of this section, [and unless 101
such municipality opts out of the provisions of said subsections in 102
accordance with the provisions of subsection (f) of this section, ] any 103
noncompliant existing regulation shall become [null and] void and such 104
municipality shall approve or deny applications for accessory 105
[apartments] dwelling units in accordance with the requirements for 106
regulations set forth in the provisions of subsections (a) to (d), inclusive, 107
of this section until such municipality adopts or amends a regulation in 108
compliance with said subsections. A municipality may not use or 109
impose additional standards beyond those set forth in subsections (a) to 110
(d), inclusive, of this section. 111
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[(f) Notwithstanding the provisions of subsections (a) to (d), 112
inclusive, of this section, the zoning commission or combined planning 113
and zoning commission, as applicable, of a municipality, by a two-thirds 114
vote, may initiate the process by which such municipality opts out of 115
the provisions of said subsections regarding the allowance of accessory 116
apartments, provided such commission: (1) First holds a public hearing 117
in accordance with the provisions of section 8-7d on such proposed opt-118
out, (2) affirmatively decides to opt out of the provisions of said 119
subsections within the period of time permitted under section 8 -7d, (3) 120
states in the records of such commission the reasons for such decision, 121
and (4) publishes notice of such decision in a newspaper having a 122
substantial circulation in the municipality not later than fifteen days 123
after such decision has been rendered. Thereafter, the municipality's 124
legislative body or, in a municipality where the legislative body is a 125
town meeting, such municipality's board of selectmen, by a two -thirds 126
vote, may complete the process by which such municipality opts out of 127
the provisions of subsections (a) to (d), inclusive, of this section, except 128
that, on and after January 1, 2023, no municipality may opt out of the 129
provisions of said subsections. 130
(g) Notwithstanding any prior action of the municipality to opt out 131
of the provisions of subsections (a) to (d), inclusive, of this section, 132
pursuant to subsection (f) of this section, any owner of real property 133
located within a transit -oriented district, as defined in section 8 -13hh, 134
who has owned such real property located within a transit -oriented 135
district in the municipality for not fewer than three years, may construct 136
an accessory apartment on such real property as of right, provided such 137
accessory apartment complies with any structural or architectural 138
requirements imposed by any zoning regulations adopted pursuant to 139
section 8-2.] 140
Sec. 3. (NEW) (Effective October 1, 2026) (a) As used in this section: 141
(1) "Accessory dwelling unit" has the same meaning as provided in 142
section 8-1a of the general statutes, as amended by this act; and 143
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(2) "Preapproved accessory dwelling unit" means one or more 144
designs, models or construction specifications of accessory dwelling 145
units adopted by the Commissioner of Housing pursuant to this section. 146
(b) The Commissioner of Housing shall, within available 147
appropriations, develop and implement a program to (1) adopt one or 148
more designs, models or construction specifications of accessory 149
dwelling units as preapproved accessory dwelling units that promote 150
the efficient, safe and cost -effective placement of such units, and (2) 151
provide incentives for the placement of such units. 152
(c) In adopting preapproved accessory dwelling units pursuant to 153
subdivision (1) of subsection (b) of this section, the commissioner shall 154
consider: (1) Whether such units comply with the State Building Code 155
and applicable health and safety standards, (2) whether such units are 156
suitable for use in a variety of residential lot sizes and configurations, 157
and (3) the energy efficiency, durability and accessibility of such units 158
for persons with disabilities. 159
(d) Incentives provided by the commissioner pursuant to subdivision 160
(2) of subsection (b) of this section may include, but need not be limited 161
to: (1) Grants or forgivable loans to property owners for the construction 162
or placement of preapproved accessory dwelling units, (2) technical 163
assistance related to design selection, permitting and construction of 164
such units, and (3) financial assistance to municipalities that adopt local 165
ordinances or procedures facilitating the placement of preapproved 166
accessory dwelling units. The commissioner shall prescribe the form 167
and manner of application for any incentive provided pursuant to this 168
section. 169
(e) In implementing the program established pursuant to this section, 170
the commissioner may consult with municipalities, regional councils of 171
governments, housing authorities, nonprofit housing organizations and 172
other interested parties, as the commissioner deems appropriate. 173
Sec. 4. Section 7 -245 of the general statutes is repealed and the 174
following is substituted in lieu thereof (Effective October 1, 2026): 175
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For the purposes of this chapter: (1) "Acquire a sewerage system" 176
means obtain title to all or any part of a sewerage system or any interest 177
therein by purchase, condemnation, grant, gift, lease, rental or 178
otherwise; (2) "alternative sewage treatment system" means a sewage 179
treatment system serving one or more buildings that utilizes a method 180
of treatment other than a subsurface sewage disposal system and that 181
involves a discharge to the groundwaters of the state; (3) "community 182
sewerage system" means any sewerage system serving two or more 183
residences in separate structures which is not connected to a municipal 184
sewerage system or which is connected to a municipal sewerage system 185
as a distinct and separately managed district or segment of such system, 186
but does not include any sewerage system serving only a principal 187
dwelling unit and an accessory [apartment] dwelling unit, as defined in 188
section 8 -1a, as amended by this act , located on the same lot; (4) 189
"construct a sewerage system" means to acquire land, easements, rights-190
of-way or any other real or personal property or any interest therein, 191
plan, construct, reconstruct, equip, extend and enlarge all or any part of 192
a sewerage system; (5) "decentralized system" means managed 193
subsurface sewage disposal systems, managed alternative sewage 194
treatment systems or community sewerage systems that discharge 195
sewage flows of less than five thousand gallons per day, are used to 196
collect and treat domestic sewage, and involve a discharge to the 197
groundwaters of the state from areas of a municipality; (6) 198
"decentralized wastewater management district" means areas of a 199
municipality designated by the municipality through a municipal 200
ordinance when an engineering report has determined that the existing 201
subsurface sewage disposal systems may be detrimental to public health 202
or the environment and that decentralized systems are required and 203
such report is approved by the Commissioner of Energy and 204
Environmental Protection with concurring approval by the 205
Commissioner of Public Health, after consultation with the local 206
director of health; (7) "electronic equipment" means any technology that 207
facilitates real-time communication between two or more individuals, 208
including, but not limited to, telephonic, video and other conferencing 209
platforms; (8) "municipality" means any metropolitan district, town, 210
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consolidated town and city, consolidated town and borough, city, 211
borough, village, fire and sewer district, sewer district and each 212
municipal organization having authority to levy and collect taxes; (9) 213
"operate a sewerage system" means own, use, equip, reequip, repair, 214
maintain, supervise, manage, operate and perform any act pertinent to 215
the collection, transportation and disposal of sewage; (10) "person" 216
means any person, partnership, corporation, limited liability company, 217
association or public agency; (11) "remediation standards" means 218
pollutant limits, performance requirements, design parameters or 219
technical standards for application to existing sewage discharges in a 220
decentralized wastewater management district for the improvement of 221
wastewater treatment to protect public health and the environment; (12) 222
"sewage" means any substance, liquid or solid, which may contaminate 223
or pollute or affect the cleanliness or purity of any water; and (13) 224
"sewerage system" means any device, equipment, appurtenance, facility 225
and method for collecting, transporting, receiving, treating, disposing of 226
or discharging sewage, including, but not limited to, decentralized 227
systems within a decentralized wastewater management district when 228
such district is established by municipal ordinance pursuant to section 229
7-247. 230
Sec. 5. Subdivisions (1) and (2) of subsection (e) of section 8-23 of the 231
2026 supplement to the general statutes are repealed and the following 232
is substituted in lieu thereof (Effective October 1, 2026): 233
(e) (1) Any such plan of conservation and development adopted prior 234
to October 1, 2027, shall (A) be a statement of policies, goals and 235
standards for the physical and economic development of the 236
municipality, (B) provide for a system of principal thoroughfares, 237
parkways, bridges, streets, sidewalks, multipurpose trails and other 238
public ways as appropriate, (C) be designed to promote, with the 239
greatest efficiency and economy, the coordinated development of the 240
municipality and the general welfare and prosperity of its people and 241
identify areas where it is feasible and prudent (i) to have compact, 242
transit accessible, pedestrian-oriented mixed use development patterns 243
and land reuse, and (ii) to promote such development patterns and land 244
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reuse, (D) recommend the most desirable use of land within the 245
municipality for residential, recreational, commercial, industrial, 246
conservation, agricultural and other purposes and include a map 247
showing such proposed land uses, (E) recommend the most desirable 248
density of population in the several parts of the municipality, (F) note 249
any inconsistencies with the following growth management principles: 250
(i) Redevelopment and revitalization of commercial centers and areas of 251
mixed land uses with existing or planned physical infrastructure; (ii) 252
expansion of housing opportunities and design choices to accommodate 253
a variety of household types and needs; (iii) concentration of 254
development around transportation nodes and along major 255
transportation corridors to support the viability of transportation 256
options and land reuse; (iv) conservation and restoration of the natural 257
environment, cultural and historical resources and existing farmlands; 258
(v) protection of environmental assets critical to public health and 259
safety; and (vi) integration of planning across all levels of government 260
to address issues on a local, regional and state -wide basis, (G) make 261
provision for the development of housing opportunities, including 262
opportunities for multifamily dwellings, consistent with soil types, 263
terrain and infrastructure capacity, for all residents of the municipality 264
and the planning region in which the municipality is located, as 265
designated by the Secretary of the Office of Policy and Management 266
under section 16a -4a, (H) promote housing choice and economic 267
diversity in housing, including housing for both low and moderate 268
income households, and encourage the development of housing which 269
will meet the housing needs identified in the state's consolidated plan 270
for housing and community development prepared pursuant to section 271
8-37t and in the housing component and the other components of the 272
state plan of conservation and development prepared pursuant to 273
chapter 297, and (I) consider allowing older adults and persons with a 274
disability the ability to live in their homes and communities whenever 275
possible. Such plan may: (i) Permit home sharing in single-family zones 276
between up to four adult persons of any age with a disability or who are 277
sixty years of age or older, whether or not related, who receive 278
supportive services in the home; (ii) allow accessory [apartments] 279
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dwelling units for persons with a disability or persons sixty years of age 280
or older, or their caregivers, in all residential zones, subject to municipal 281
zoning regulations concerning design and long-term use of the principal 282
property after it is no longer in use by such persons; and (iii) expand the 283
definition of "family" in single -family zones to allow for accessory 284
[apartments] dwelling units for persons sixty years of age or older, 285
persons with a disability or their caregivers. In preparing such plan the 286
commission shall consider focusing development and revitalization in 287
areas with existing or planned physical infrastructure. 288
(2) Any such plan of conservation and development adopted on or 289
after October 1, 2027, shall (A) be a statement of policies, goals and 290
standards for the physical and economic development of the 291
municipality; (B) provide for a system of principal thoroughfares, 292
parkways, bridges, streets, sidewalks, multipurpose trails and other 293
public ways as appropriate; (C) be designed to promote, with the 294
greatest efficiency and economy, the coordinated development of the 295
municipality and the general welfare and prosperity of its people and 296
identify areas where it is feasible and prudent (i) to have compact, 297
transit-accessible, pedestrian-oriented mixed use development patterns 298
and land reuse, and (ii) to promote such development patterns and land 299
reuse; (D) (i) include a climate change vulnerability assessment, based 300
on information from considerations described in subsection (d) of this 301
section, which shall consist of an assessment of existing and anticipated 302
threats to and vulnerabilities of the municipality that are associated with 303
natural disasters, hazards and climate change, including, but not limited 304
to, increased temperatures, drought, flooding, wildfire, storm damage 305
and sea level rise, saltwater intrusion and the impacts such disasters and 306
hazards may have on individuals, communities, institutions, 307
businesses, economic development, public infrastructure and facilities, 308
public health, safety and welfare, (ii) identify goals, policies and 309
techniques to avoid or reduce such threats, vulnerabilities and impacts, 310
and (iii) include a statement describing any consistencies and 311
inconsistencies identified between such assessment and any existing or 312
proposed municipal natural hazard mitigation plan, floodplain 313
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management plan, comprehensive emergency operations plan, 314
emergency response plan, post -disaster recovery plan, long -range 315
transportation plan or capital improvement plan in the municipality, 316
and identify and recommend, where necessary, the integration of data 317
from such assessment into any such plans and any actions necessary to 318
achieve consistency and coordination between such assessment and any 319
such plans; (E) recommend the most desirable use of land within the 320
municipality for residential, recreational, commercial, industrial, 321
conservation, agricultural and other purposes and include a map 322
showing such proposed land uses which considers the threats, 323
vulnerabilities and impacts identified in the climate change 324
vulnerability assessment conducted pursuant to subparagraph (D)(i) of 325
this subdivision; (F) recommend the most desirable density of 326
population in the several parts of the municipality; (G) note any 327
inconsistencies with the following growth management principles: (i) 328
Redevelopment and revitalization of commercial centers and areas of 329
mixed land uses with existing or planned physical infrastructure; (ii) 330
expansion of housing opportunities and design choices to accommodate 331
a variety of household types and needs; (iii) concentration of 332
development around transportation nodes and along major 333
transportation corridors to support the viability of transportation 334
options and land reuse and reduction of vehicle mileage; (iv) 335
conservation and restoration of the natural environment, cultural and 336
historical resources and existing farmlands; (v) protection of 337
environmental assets critical to public health and safety; and (vi) 338
integration of planning across all levels of government to address issues 339
on a local, regional and state -wide basis; (H) make provision for the 340
development of housing opportunities, including opportunities for 341
multifamily dwellings, consistent with soil types, terrain and 342
infrastructure capacity, for all residents of the municipality and the 343
planning region in which the municipality is located, as designated by 344
the Secretary of the Office of Policy and Management pursuant to 345
section 16a -4a; (I) promote housing choice and economic diversity in 346
housing, including housing for both low and moderate income 347
households, and encourage the development of housing which will 348
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meet the housing needs identified in the state's consolidated plan for 349
housing and community development prepared pursuant to section 8 -350
37t and in the housing component and the other components of the state 351
plan of conservation and development prepared pursuant to chapter 352
297; (J) consider allowing older adults and persons with disabilities the 353
ability to live in their homes and communities whenever possible; (K) 354
identify infrastructure, including, but not limited to, facilities, public 355
utilities and roadways, that is critical for evacuation purposes and 356
sustaining quality of life during a natural disaster, and that shall be 357
maintained at all times in an operational state; (L) identify strategies and 358
design standards that may be implemented to avoid or reduce risks 359
associated with natural disasters, hazards and climate change; and (M) 360
include geospatial data utilized in preparing such plan or that is 361
necessary to convey information in such plan. Any such plan may: (i) 362
Permit home sharing in single -family zones between up to four adult 363
persons of any age with a disability or who are sixty years of age or 364
older, whether or not related, who receive supportive services in the 365
home; (ii) allow accessory [apartments] dwelling units for persons with 366
a disability or persons sixty years of age or older, or their caregivers, in 367
all residential zones, subject to municipal zoning regulations concerning 368
design and long-term use of the principal property after it is no longer 369
in use by such persons; (iii) expand the definition of "family" in single -370
family zones to allow for accessory [apartments] dwelling units for 371
persons sixty years of age or older, persons with a disability or their 372
caregivers; and (iv) identify one or more areas that are vulnerable to the 373
impacts of climate change for the purpose of prioritizing funding for 374
infrastructure needs and resiliency planning. In preparing such plan the 375
commission shall consider focusing development and revitalization in 376
areas with existing or planned physical infrastructure. The commission 377
or any special committee may utilize information and data from any 378
natural hazard mitigation plan, floodplain management plan, 379
comprehensive emergency operations plan, emergency response plan, 380
post-disaster recovery plan, long -range transportation plan, climate 381
vulnerability assessment or resilience plan in the preparation of such 382
plan of conservation and development, including a document 383
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coordinated by the applicable regional council of governments, 384
provided such information and data shall not be incorporated by 385
reference, but summarized and applied in such plan to the specific 386
policies, goals and standards of the subject municipality. 387
Sec. 6. Subsection (k) of section 8 -30g of the 2026 supplement to the 388
general statutes is repealed and the following is substituted in lieu 389
thereof (Effective October 1, 2026): 390
(k) The affordable housing appeals procedure established under this 391
section shall not be available if the real property which is the subject of 392
the application is located in a municipality in which at least ten per cent 393
of all dwelling units in the municipality are (1) assisted housing, (2) 394
currently financed by Connecticut Housing Finance Authority 395
mortgages, (3) subject to binding recorded deeds containing covenants 396
or restrictions which require that such dwelling units be sold or rented 397
at, or below, prices which will preserve the units as housing for which 398
persons and families pay thirty per cent or less of income, where such 399
income is less than or equal to eighty per cent of the median income, (4) 400
mobile manufactured homes located in mobile manufactured home 401
parks or legally approved accessory [apartments] dwelling units, which 402
homes or [apartments] units are subject to binding recorded deeds 403
containing covenants or restrictions which require that such dwelling 404
units be sold or rented at, or below, prices which will preserve the units 405
as housing for which, for a period of not less than ten years, persons and 406
families pay thirty per cent or less of income, where such income is less 407
than or equal to eighty per cent of the median income, or (5) mobile 408
manufactured homes located in resident -owned mobile manufactured 409
home parks. For the purposes of calculating the total number of 410
dwelling units in a municipality, accessory [apartments] dwelling units 411
built or permitted after January 1, 2022, but that are not described in 412
subdivision (4) of this subsection, shall not be counted toward such total 413
number. The municipalities meeting the criteria set forth in this 414
subsection shall be listed in the report submitted under section 8-37qqq. 415
As used in this subsection, ["accessory apartment"] "accessory dwelling 416
unit" has the same meaning as provided in section 8-1a, as amended by 417
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this act, and "resident-owned mobile manufactured home park" means 418
a mobile manufactured home park consisting of mobile manufactured 419
homes located on land that is deed restricted, and, at the time of issuance 420
of a loan for the purchase of such land, such loan required seventy -five 421
per cent of the units to be leased to persons with incomes equal to or less 422
than eighty per cent of the median income, and either (A) forty per cent 423
of said seventy-five per cent to be leased to persons with incomes equal 424
to or less than sixty per cent of the median income, or (B) twenty per 425
cent of said seventy -five per cent to be leased to persons with incomes 426
equal to or less than fifty per cent of the median income. 427
This act shall take effect as follows and shall amend the following
sections:
Section 1 October 1, 2026 8-1a(b)(1) and (2)
Sec. 2 October 1, 2026 8-2o
Sec. 3 October 1, 2026 New section
Sec. 4 October 1, 2026 7-245
Sec. 5 October 1, 2026 8-23(e)(1) and (2)
Sec. 6 October 1, 2026 8-30g(k)
PD Joint Favorable Subst.
APP Joint Favorable