Attorney General's Opinion
Attorney General, Richard Blumenthal
March 22, 2006
The Honorable James F. Abromaitis
Department of Economic and Community Development
505 Hudson Street
Hartford, CT 06106
Dear Commissioner Abromaitis:
You have requested our opinion with respect to an application by the Town of Trumbull for a temporary moratorium from the affordable housing land use appeals procedure under the provisions of Conn. Gen. Stat. § 8-30g(l).
Conn. Gen. Stat. § 8-30g(l)(1) provides that the affordable housing appeals procedure established under the statute shall not apply to an affordable housing application filed with a local land use commission during the period of a moratorium.
According to your letter,
You indicate that it is your intention to deny the application on that basis, and request our confirmation of your decision.
Our review of the relevant statutes leads us to the conclusion that for a development to qualify as an "affordable housing development," all of the units do not have to be completed, as the definition of an affordable housing development appears to contemplate proposed construction. Conn. Gen. Stat. § 8-30g(a)(1) defines an “affordable housing development” as a proposed housing development which is (A) assisted housing, or (B) a set-aside development; § 8-30g(a)(3) defines “assisted housing” as “housing which is receiving, or will receive, financial assistance under any government program…”; § 8-30g(a)(6) defines a “set-aside development” as a development in which not less than thirty percent of the dwelling units will be conveyed by deeds containing covenants or restrictions…” (Emphasis added.) Therefore, a literal reading indicates that developments appear to qualify as affordable housing developments based upon the development as it is proposed to be fully built out.
On the other hand, only fully constructed units issued a certificate of occupancy can qualify to receive points towards a moratorium. According to Conn. Gen. Stat. § 8-30g(l) (7) “points shall be awarded only for dwelling units which were (A) newly-constructed units in an affordable housing development, as that term was defined at the time of the affordable housing application, for which a certificate of occupancy was issued after July 1, 1990…”
As a final note, a detailed determination must be made in awarding points for units in housing developments. Such a determination requires a detailed factual review of building plans, certificates of occupancy, etc. upon which we cannot opine. Since it involves a factual determination, any ultimate decision must be made by your agency.
Very truly yours,